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MED149 Chapter 4

QuestionAnswer
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.
Created by: user-1990156
 

 



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