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MED149 Chapter 4
| Question | Answer |
|---|---|
| Legislative branch (Congress) | Senate, House of Representatives: Write, debate, and pass bills. |
| Executive branch (President) | Executive orders become law without approval of Congress. |
| Judicial branch (Supreme Court) | Interprets and oversees laws. |
| Legislative | Those responsibilities not governed by the federal government are duties of the state. |
| Executive | Governor is the head of the state. |
| Judicial | The courts oversee state laws. |
| Constitutional Laws | Based on U.S. constitution. |
| Case Laws | Set by legal precedent. |
| Statutory Laws | Enacted by state or federal legislatures. |
| Administrative | Enacted to define specific agency powers. |
| Substantive Law | Defines and regulates legal rights and obligations. |
| Procedural Law | Defines rules used to enforce substantive law. |
| Criminal | Law involving crimes against state. |
| Civil | Involves wrongful acts against persons., People can sue another person, a business, or the government. |
| Felony | An offense punishable by death or by imprisonment in a state or federal prison for more than one year. |
| Misdemeanor | A crime punishable by fine or by imprisonment in a facility other than a prison for less than one year. |
| Tort | A civil wrong committed against a person or property excluding breach of contract. |
| Tort must involve | Injury, damage to property, or deprivation of civil liberties. |
| A Tort may be | intentional or unintentional |
| Tortfeasor | Person guilty of a tort. |
| Jurisdiction | Power to hear a case, Power to decide a case. |
| Federal courts | Jurisdiction over federal law such as antitrust, federal crimes, patents, and fraud in Medicare/Medicaid. |
| State courts: | Each state is slightly different. Structure includes local courts, trial courts, appellate courts, and the state supreme court. |
| Plaintiff | Person bringing charges. |
| Prosecution | Government as plaintiff in criminal case. |
| Defendant | Party against whom charges are brought. |
| Officers of the court | Judges, Attorneys, Court clerks, Bailiffs, Court reporters, Juries |
| Four elements of a contract | Agreement, Consideration., Legal subject matter, Contractual capacity. |
| Types of Contracts | Expressed contracts & Implied contracts |
| Expressed contracts | Written or oral agreement in which all terms are explicitly stated. |
| Implied contracts | Unwritten or unspoken agreement whose terms result from the actions of the parties involved. |
| Termination of Contracts between Physician and Patient | Failure to pay for services. Failure to keep appointments. Failure to follow physician instructions. Patient seeks services of another physician. |
| Laws Governing Payment of Fees for Service | Third-party payer contract. Fair Debt Collection Practices Act. Implied contracts. Managed care plan contracts. |
| Rights of Patients | • Considerate and respectful care. • Information on diagnosis, treatment, and prognosis. • Information to give informed consent. • Refusal of treatment. • Confidentiality. • Continuity of care. • Knowledge of hospital rules. |