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Ms. P
Medical Law & Ethics
| Term | Definition |
|---|---|
| Criminal | Actions against government or society |
| Civil | Disputes between individuals or organizations |
| International | Rules apply between countries |
| Military | Applies to members of armed forces |
| Misdemeanors | 1 year jail time fines or both |
| Felony | 1 year jail time fines or both |
| Intentional Tort | Assault, Battery, False Imprisonment, and Defamation |
| Unintentional Tort | Negligence: proven by the 4 D's duty, dereliction, damage, and direct cause |
| Duty | Legal duty to care for a patient |
| Breech (dereliction) | Failed to do what was reasonable and careful person would do |
| Damages | Patient was injured or harmed |
| Direct Cause | Breech of duty directly caused the patient injury |
| Tort Law | (The Umbrella) Area of civil law that provides remedys |
| Malfeasance | Doing something wrong or improper that causes harm |
| Misfeasance | Doing a lawful act improperly or carelessly |
| Nomfeasance | Failing to do something that should have been done |
| Res Ispa Loquitor | Speaks for itself |
| Defamation | Slander is spoken and lible is written |
| Malpractice | When a healthcare professional fails to provide care that meets the accepted standard |
| Assult | Threatening a patient (verbal) |
| Battery | Unwanted touching without consent (physical) |
| False Imprisonment | Preventing a patient from leaving |
| Defamation | Making false statements that harm a persons reputation |
| Intentional infliction of emotional distress | Extreme and outrageous behavior causing severe emotional distress |
| Statue of limitations | Time limit to file lawsuit after injury |
| Fruad | Intentionally deceiving someone for personal gain |
| Negligence | Breech of duty/ dereliction |
| Criminal Offense Examples | Stealing medication, patient abuse, falsifying records, and practing without a license |
| Respondeat Superior | "Let the master answer" |
| Administrative Law | Covers regulations set by government agencies |
| Terminating a contract | In writing, by certified mail, with recipt, and gives patient 30 days to find new physician |
| Contract Law | Enforceable promises and agreements between two or more persons to do or not to do a particular action Offer, acceptance, consideration, and competence |
| Proper Treatment | Physician is not liable if patient does not share critical information |
| Patient Rights | Gives consent for treatment, expect appropiate standard of care, and confidentiality |
| Patient obligations | Expected to follow physicians instructions, expected to pay for medical services |
| Informed Consent | Explanation of advantages/risks to treatment, alternatives available to patient, potential outcome to treatment, and what may happen without treatment, and understandable language |
| Minor | Under the age of 18 and cannot consent to treatment for: pregnancy, birth control information, psychiatric care, substance abuse, and testing or treatment for sexually transmitted disease |
| Emancipated Minor | Legally released from the control of their parents or guardians and can consent to medical treatment Live on their own, married, self-supporting, and armed forces |
| Living will | Patient requests the life-sustaining treatment/ nutritional support not be used to prolong life |
| Durable Power of Attorney (DPOA) | Allows an agent or representative to act on behalf of the patient |
| Advance Directive | Generally included the living will but the durable power of attorney |
| Litigation | term for lawsuit tried in court |
| Subpoena | A request for medical records; only submit only what is asked |
| Informed Consent | The nature of treatment, benefits, risks, alternatives, and the right to refuse without penalty |
| Patient Care Partnership | Collaborative relationship between patients, their families, and the healthcare team |
| Food And drug Administration (FDA) | Federal agency under the department of health and human services that ensures all safety efficacy, and security of human and veterinary drugs, vaccines, medical devices, food, cosmetics and more also approve drugs and monitor side affects |
| Durg Enforcement Administration (DEA) | Federal agency under the department of justice that regulates controlled substances to prevent misuse, abuse, and illegal trafficking also enforces laws related to the production, distribution and dispensing of controlled substances |
| Routine Medical Care | Check ups, immunizations, treatments for minor illnesses |
| Mental Health | Counseling or therapy |
| Reproductive Health services | Birth control, pregnancy, STD testing and treatment |
| Substance Abuse Treatment | Evaluation and treatment for drug and alcohol use |
| Emergency Care | Prevent serious harm or save life |
| MA Role | Verify state laws, explain confidentiality limits, and document consent according to policy |
| Code of Hammurabi | One of the earliest written code of ethics that governed the conduct of medicine, including laws for physicians and penalties for wrongdoing |
| Hippocratic Oath | Foundation of medical ethics, written by Hippocrates known as the "Father of medicine" |
| Ethics | Moral principals related to human character, conduct, and distinction between right and wrong that guides how we treat people and make decisions |
| Morals | Personal beliefs about right and wrong based on values and upbringing. |
| Conflicts between morality & ethics | What one person believes is morally right may conflict with professional ethics or legal standard. |
| Ethics | Professional standards, Enforced by licensing board or professionals organizations, and Penalties: discipline, suspension, reprimand, and loss of certification |
| Law | Government rules, enforced by government agencies and courts Penalties: Fines, lawsuits, jail time, and loss of license |
| Bio ethics | End-of-life, organ donation, genetic research, reproductive rights, stem-cell research, genetic testing |
| HIPAA (Health Insurance Portability Act) | Protects patients privacy and security of sensitive health and medical information |
| PHI (Protected Health Information) | Protects patients confidential health information |
| AMA (American Medical Association) | Represents physicians and medical students; focuses on medicine, policy, and patient care advocacy |
| AAMA (American Association of Medical Assistants) |
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