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ML&E Midterm terms
Question | Answer |
---|---|
Accreditation | A process for officially authorizing, approving, and recognizing quality in health care education programs, facilities, managed care plans, and other health care organizations. |
Administrative law | Enabling statutes enacted to define powers and procedures when an agency is created |
Assumption of risk | A legal defense that holds the defendant is not guilty of a negligent act, since the plaintiff knew of and accepted beforehand any risks involved. |
Beneficence | Refers to the acts health care practitioners perform to help people stay healthy or recover from an illness. |
Bioethics | A discipline dealing with the ethical implications of biological research methods and results, especially in medicine. |
Cardiologist | Heart specialist |
Caveat emptor | let the buyer beware; the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made |
Certification | A voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate. |
Common law | The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition. |
Comparative negligence | An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree. |
Confidentiality | The act of holding information in confidence, not to be released to unauthorized individuals. |
Consent | Permission from a patient, either expressed or implied, for something to be done by another. |
Constitutional law | Law that derives from federal and state constitutions |
Contributory negligence | An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury. |
Defendant | The person or party against whom criminal or civil charges are brought in a lawsuit. |
Deposition | Sworn testimony given and recorded outside the courtroom during the pretrial phase of a case. |
Doctrine of informed consent | The legal basis for informed consent, usually outlined in a state’s medical practice acts. |
Emergency | A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstance |
Ethics | Standards of behavior, developed as a result of one’s concept of right and wrong. |
Felony | An offense punishable by death or by imprisonment in a state or federal prison for more than 1 year. |
Fidelity | Being faithful to the scope of practice for your profession, as in role fidelity. |
Fraud | Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights. |
Health Maintenance Organization | A health plan that combines coverage of health care costs and delivery of health care for a prepaid premium. |
Health Savings Account | Offered to individuals covered by high-deductible health plans, these accounts let these individuals save money, tax free, to pay for medical expenses. |
Implied contracts | are those in which the conduct of the parties, rather than expressed words, creates the contract. |
Informed contracts | Individual can give consent only after they have all the information. |
Jurisdiction | The power and authority given to a court to hear a case and to make a judgment. |
Law | Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. |
Liable | Legally responsible or obligated. |
Licensure | A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors. |
Litigious | prone to engage in lawsuits |
Malfeasance | The performance of a totally wrongful and unlawful act. |
Managed Care | A system in which financing, administration, and delivery of health care are combined to provide medical services to subscribers for a prepaid fee. |
Misfeasance | The performance of a lawful act in an illegal or improper manner. |
Moral values | One’s personal concept of right and wrong, formed through the influence of the family, culture, and society. |
Negligence | An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would not or would have done in similar circumstances. |
Nonfeasance | The failure to act when one should. |
Nonmaleficence | As paraphrased from the Hippocratic oath, means the duty to “do no harm.” |
Open access plan | Subscribers may see any in network provider without a referral. |
Plaintiff | the person bringing charges in a lawsuit |
Precedent | Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by a legislature; also known as case law. |
Primary Care Physician | The physician responsible for directing all of a patient’s medical care and determining whether the patient should be referred for specialty care. |
Prosecution | The government as plaintiff in a criminal case. |
Protocol | A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office. |
Reciprocity | The process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination. |
Release of tortfeasor | A technical defense to a lawsuit that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit. |
Res iPas loquitur | Literally, “the thing speaks for itself”; a situation that is so obviously negligent that no expert witnesses need be called. Also known as the doctrine of common knowledge. |
Res judicata | Literally, "the thing has been decided"; legal principle that a claim cannot be retried between the same parties if it has already been legally resolved. |
Respondeat superior | Literally, “let the master answer.” A doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees’ duties. |
Statute of limitations | That period of time established by state law during which a lawsuit may be filed. |
Statutory law | Law passed by the U.S. Congress or state legislatures. |
Subpoena duces tecum | A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit. |
Subpoena | A legal document requiring the recipient to appear as a witness in court or to give a deposition. |
Summary judgment | A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial. |
Tort | A civil wrong committed against a person or property, excluding breach of contract. |
Tortfeasor | The person guilty of committing a tort. |
Veracity | Truth telling |
Endorsement | is another process by which a license may be awarded based on individual credentials judged to meet licensing requirements in the new state of residence. |
Registration | Similar to certification, individuals must meet certain educational requirements, as well as possibly successfully completing a nation exam. |