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unit 4 MedLawEthics

Unit 4

Invasion of privacy Intrusion into a person's seclusion or into his or her private affairs
Assult to openly threaten bodily harm to someone
Protocol a code prescribing correct behavior in a specific situation, such as a situation arising in a medical office
Lay person a person who is not a member of a given profession, as law or medicine.
Plea 2.defendant's answer to charge: the defendant's answer to a charge in a court of law, especially one stating that he or she is guilty or not guilty
Subpoena A legal document requiring the recipient to appear as a witness in court or to give a deposition
Defense Attorney
Deposition Sworn testimony given and recorded outside the courtroom during the pre-trial phase of the case.
Expert Witness a physician called as a witness to testify to the standard of care regarding the matter in question;if defendant is a specialist, the witness is usually in the same specialty
Fraud Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights
Contributory negligence An affirmation defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.
Comparative negligence an affirmative defense claimed by the defendent, alleging that the plaintiff contributed to the injury by a certain degree
Defamation damaging a person's reputation by making public statements that are both false and malicious
Liable Accountable under the law
Liability Insurance Offers finacial protection; attorney fees, damages, court costs, to cover self, to cover staff
Libel Expressing through publication in print, writing, pictures, or signed statements that injure the reputation of another
Slander The speaking of defamatory words intended to prejudice others against an individual in a manner that jeopardizes his or her reputation or means of livelihood.
Malfeasance The performance of a totally wrongful and unlawful act.
Misfeasance: The performance of a lawful act in an illegal or improper manner
Nonfeasance The failure to act when one should
Duty of care The legal obligation of health care workers to patients and sometimes nonpatients
Feasance The performance of an act
Statute of limitations that period of time established by state law during which a lawsuit may be filed
Tortfeasor One who committed a tort (wrongful act)
Res Judicata The thing has been decided. Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved
Going bare Another way of saying the physician has no liablility (Malpractice) insurance
Release of tortfeasor: a technical defense that prohibits a lawsuit against a person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit
The 4 C's of medical malpractice prevention Clear, concise, complete, chronological
Battery any bodily contact without permission
The 4 D's of nelgigance Duty, Dereliction or Duty Breached, Direct Cause, Damages
Duty the person charged with negligence owed a duty of care to the accuser
Dereliction or Duty breached the health care provider breached the duty of care to the patient
Damages There is a legally recognizable injury to the patientq
Malpractice professional negligence
Commission to perform in a way that a reasonable/prudent healthcare worker would not
Omission Failure to perform an act a reasonable/prudent heatlhcare worker would perform
Contributory neligence conduct by the patient which contributed to the harm the patient suffered. (Patient partly responsible) Not used in Wisconsin
Comparative negligence Compared % of fault (both wrongdoers and patient) If wrongdoers fault is greater than the patient, the percentage affects monetary compensation
Res ipsa Loquitor: The thing speaks for itself; Also known as the Doctrine of Common Knowledge, a situation that is so obviously negligent that no expert witnesses need to be called
Proximate cause That which, in any natural and continuous sequence, unbroken by any intervening cause, produces injury
Risk Management the taking of steps to minimize danger, hazard, and liability
Defensive Medicine the practice or ordering and/or performing medical tests and procedures simply to protect against future liability and to contruct for patients a medical record that documents the health care provider's judgment.
Corporate compliance prevention of criminal prosecutions/civil suits/reduce fines. Prevention against corporate wrong-doing conflicts of interest in business, adherence to laws and regulations
Conflict of Interest A situation in which a person is faced with choosing between financial gain and his or her duty to provide the best possible medical care to patients
Sentinel Event Unexpected occurrence involving death or serious physical or psychological injury to a patient
Credentialing The process verifies a physician’s credentials,License, Malpractice history, Education and training, Hospital privileges, NPDB findings, Work history
Regulatory Compliance a Compliance plan government regulations are upheld
CMS Centers for Medicare and Medicaid
Joint Commission heatlh care regulatory agency, voluntary
Quality Improvement/Quality Assurance (QI) A program of measures taken by health care providers and practitioners to uphold the quality of patient care.
Created by: skopetsky