Human Relations & Comm. 1 -- Chapter 3 (review)
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| Ethics | Branch of philosophy relating to moral standards
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| Etiquette | A customary code of conduct, courtesy and manners
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| Biomedicine | Advances in Medicine
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| Examples of Biomedicine | Stem Cell Research, Life Support, Gene Therapy, IN-Vitro Fertilization
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| Principle of autonomy | Right to make decisions about one’s own life
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| Principle of Beneficence | Action of helping others and performing actions that result in benefit to another person
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| Principle of Nonmalfeasance | “First Do No Harm”
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| Distributive Justice | Principle by which a society or healthcare community decide to allocate resources that are in scarce supply. (Utilitarianism)
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| Advanced directive | Making your wishes known in advance (in writing and verbally)
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| Living Will | Document stating the desires of a person should he or she become incompetent because of injury or illness
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| Durable Power of Attorney | Legal document establishing a person to make decisions for you
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| Healthcare proxy or agent | A person elected to make decisions on behalf of another person in regards to healthcare
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| Uniform Anatomical Gift Act | Right to choose Organ donation 18 Years and older
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| Minor | A person under the age of 18
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| Mature Minor | A person judged to be mature enough to understand the MD’s Instructions. Such a minor seeking medical care for treatment of drug or alcohol abuse, contraception, STD’s and pregnancy.
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| Emancipated Minor | Person between the age of 15-18 who is either married, in the military or court emancipated.
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| Contract | A voluntary agreement between two parties with the intent of benefiting each other.
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| Contract Law | Addresses breach and neglect of legally binding agreement between two parties
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| Expressed Contract | An agreement entered into either orally or in writing, everything must be clearly stated
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| Implied Contract | Agreement shown through inference by signs, inaction or silence
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| Third party contract | Contracts with insurance companies and outside vendors
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| Breach of Contract | Either party fails to comply with the terms of the agreement
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| Abandonment | Withdrawing medical care from a patient without providing sufficient notice
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| Boot Letter | Releasing patient from practice properly
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| Fraud | An intentional perversion of the truth
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| DEA | Drug Enforcement Agency
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| FDA | Food and Drug Administration
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| Medical Practice Acts | Statutes that govern the right to practice in a State Vary from State to State; Protects the health and safety of the general public; Specify the rules and regulations for license renewal, suspensions and revocation
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| Good Samaritan Law | State laws that protect healthcare professionals and ordinary citizens from liability in case of an emergency
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| Tort | A civil injury, wrong act, committed against another person or property that results in harm and is compensated in money damages
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| Malpractice | Negligence by a professional
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| Intentional Tort | intentionally or deliberately injured by another
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| Unintentional Tort | such as negligence- occur when the patient is injured as a result if the healthcare professionals not exercising the ordinary standard of care
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| Standard of Care | Ordinary skills and care that must be used by all medical practioners
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| Malfeasance | Performing a wrongful or illegal act
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| Misfeasance | Improperly performing an otherwise proper or lawful act
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| Nonfeasance | Failure to perform a necessary action
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| Contributory negligence | he patient has contributed to the injury
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| 4 D's of Health Professionals | Duty Dereliction Direct or proximate cause Damages
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| Duty | The professional has a duty to the injured person
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| Dereliction | Professional failed to meet that duty
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| Direct or Proximate Cause | Continuous sequence of events, unbroken by any intervening cause that produces injury would not have occurred
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| Damages | Injuries caused by defendant (Health Care Professional)
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| Special Compensation | Monies owed due to loss of income
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| Discovery Rule | Begins when problem is discovered
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| Statute of Limitations | Amount of time someone has to file lawsuit
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| OSHA | Occupational Safety Health Administration -Guidelines for workplace safety
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| CLIA | Clinical Laboratory Improvement Amendments -Regulates all laboratories and ensures proper protocol is being implemented
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| Res ipsa loquitor- | "The thing speaks for itself"
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| Respondeat Superior- | "Let the Master Answer"
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| Subpoena Deuces Tecum | Under Penalty, Take with you" -Commands the doctor and the original medical record in court
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| Subpoena | "Under Penalty" -Commands a witness to appear at a trial
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| Res Judicata | The thing has been decided" -Decision already made by a judge/ binding
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| Deposition | Oral or written testimony
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| Damages | Injuries
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| Common or Case Law | -Established from court decisions -Made by judges when they apply previous court decisions to a current case. -Dependent upon interpretation of previous laws
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| Criminal Law | Classified as Felony or Misdemeanors Penalties are fines, imprisonment or both
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| Administrative Law | Branch of public law-regulations set by government agencies
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| Examples of Administrative Law | -Fraud -Health Department regulations -Licensing and supervision of controlled substances -Sets regulations against homicide, euthanasia, assault and battery
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| Non compos mentis | not of sound mind
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| Prognosis | Prediction of the course of a disease
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| Assault | The immediate threat of bodily harm
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| Battery | Bodily harm, unlawful touching
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| Fraudulent | deceitful
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| Indictment | A written charge presented to the court by grand jury against defendant
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| Stare Decisis | "Let the decision stand"
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| Assumption of Risk | A legal defense that prevents the plaintiff from recovering damages if the plaintiff voluntarily accepts the risk of activity (Consent Forms)
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| Affirmative Defense | Allows the defendant (physician) to present evidence that the patients condition was the result of factors other than negligence
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| Denial Defense | Plaintiff (injured) must prove the defendant (physician) did a wrongful, negligent act Jury must determine if the defendant caused the injury
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| Libel | written defamation of character
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| Arbitration | the use of an arbitrator usually a retired judge to settle a dispute outside of court
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| Slander | spoken defamation of character
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| Risk management | Identifying problem practices or behaviors, then taking action to control or eliminate them
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| Expert testimony | Statement given concerning a scientific, technical, or professional matter by a person with authority regarding the matter, such as a physician
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| Consent form | One-time signed document used to disclose personally identifiable health information for treatment, payment, or routine health care operations; not required by law
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| Medical Law | Addresses legal rights and obligations that affect patients and protect individual rights (ie: rights of health care employees)
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| Applied ethics | Practical application -- methods to identify morally correct actions
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| Civil Law | Private law that usually results in a payout/monetary compensation
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| 3 questions to ask when deciding if something is ethical: | Is it legal; is it balanced; how does it make you feel?
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| Grand Jury | Decides if there is enough evidence to send to trial -- issues indictment
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| Trial Jury | Determines innocence/guilt based on the evidence and testimonies
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| Examples of bioethical dilemmas: | Stem cell research; abortion; playing God; medical advancements (things you might be opposed to based on personal, religious, ethical beliefs
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| Bioethics | Moral issues and dilemmas that occur as a result of modern medical advancements
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| Relationship between Medical Law--Ethics--Bioethics | Protect self, patient, employer -- also note that something may be unethical but not necessarily illegal
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| Arbitration | Legally binding ruled upon by judge and cannot be brought back to court
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| Mediation | Settling outside of court -- not legally binding
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| Constitutional law | Addresses the relationship between individuals and their government (Amendments)
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| Statutory and Regulatory Law | Laws passed by Legislative bodies, Congress or state
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| Doctor's defense against malpractice | Affirmative defense (allows Dr. to present evidence)
Denial defense (plaintiff must prove wrong doing)
Expert witnesses (Dr. can bring professional witness to back up)
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