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unit 4 MedLawEthics
Unit 4
| Question | Answer |
|---|---|
| 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 |
| Examination | |
| 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
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