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MAA Ch.3
Laws and Regulations pt.2
| Term | Definition |
|---|---|
| Act | A term for a proposed law |
| Case law | A law based on judicial decisions rather than law based on constitutions, statutes or regulations |
| Common Law | Unwritten law based on societal traditions and customs |
| Constitutional Law | Rights granted based off of US constitution |
| Ordinance | Law created by local government |
| Precedent | Something done or said that may serve as an example or rule to authorize or justify a subsequent action |
| Statute | A law enacted by a legislature |
| Statutory Law | laws passed by the legislature |
| Civil Law | Defines ways in which protect & define private rights |
| Tort Law | When one person/business/government does a wrongdoing to an individual tort, negligence, and strict liability (strict duty to ensure safety of manufactured products) |
| Contract Law | Applies to agreements between two or more individuals or parties |
| Property Law | For personal property and real property |
| Family Law | Applies to marriage, divorce, annulment, child custody and support , birth, and adoption |
| Assualt | Intentional threat to do harm or acting in a manner that causes another to fear bodily harm |
| Statute | Contents of an actual law |
| Ordinance | Piece of legislation passed by a municipality/local government |
| Constitutional Law | Derived from precedents and common law |
| Regulatory and Administrative Law | Concerns procedures and regulations/rules of federal, state and local governmental administrative agencies |
| Statutory Law | Laws enacted by the state and federal legislature |
| Substantive Law | Laws determining the rights/obligations of people derived from common law |
| Procedural Law | Laws all parties must follow when investigating/prosecuting unlawful acts |
| Criminal Law | Statutes that define actions or omissions |
| Misdemeanors | A lesser criminal offense (assault/battery/ false imprisonment/ perjury/shoplifting/OWI/OUI) (LESS THAN 1 year) |
| Felonies | A serious criminal offense, classified by degree (first degree=worst) (1 year or MORE) |
| Scope of Practice | Range of responsibilities and practice guidelines that determine the boundaries within which a healthcare worker practices |
| Standard of Care | Based on what's immediately available for you based on resources and laws |
| Malfeasance | Malpractice |
| Misfeasance | Make a mistake in the process of performing the standard of care |
| Nonfeasance | Not acting to ones best ability within the standard of care, good Samaritan law or scope of practice that leads to patient harm |
| Implied Contract | Parties have agreed to terms of the contact through actions and behaviors (provider-patient relationship) |
| Expressed Content | Parties have specifically stated the terms of the contract in writing, orally, or both |
| Statutes of Fraud | Must be written in order for it to be legal it must signed |
| Consent | One party voluntarily agrees with another party's proposition of plan |
| Implied Consent | Consent that's inferred based on signs, actions, or conduct of the patient rather than oral consent |
| Expressed Consent | Consent that's inferred based on signs , actions, or conduct of the patient rather than oral consent |
| Informed Consent | A legal process that ensures the patient/guardian understands and gives consent to the treatment offered |
| Doctor of Informed Consent | surgical procedures, complex procedures and tests, administration of high-risk medications and most vaccines, participation in a research study, cancer treatment, some medical lab. testing |
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Learning=Earning
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