law & ethics CH 4-6
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liable | show 🗑
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show | level of performance expected from health care professional
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duty of care | show 🗑
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show | responsible for our actions or failure to act rationally
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show | place records outside doors facing toward the door, don't display patient photos with any identifiable marks
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show | holding information, not to be released to unauthorized people
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privileged communication | show 🗑
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when can confidentiality be waived? | show 🗑
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Malfeasance | show 🗑
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show | legal act done badly/poorly
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Nonfeasance | show 🗑
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In negligence you have to prove the 4D’s | show 🗑
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show | Joint Commission on Accreditation of Healthcare Organizations
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show | “the thing speaks for itself” common knowledge
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show | monetary awards sought by plaintiffs in lawsuits
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wrongful death statutes | show 🗑
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Summons and complaint | show 🗑
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Subpoena | show 🗑
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show | sworn testimony outside of the court usually in a lawyer’s office, trying to see how strong your case is and poke holes in it
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interrogatory | show 🗑
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Subpoena duces tecum | show 🗑
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testimony | show 🗑
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courtroom conduct | show 🗑
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Alternative Dispute Resolution (ADR) | show 🗑
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show | unintentional tort of negligence
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when a patient sues a doctor for negligence, who has the burden of proof the plaintiff or the defendant? | show 🗑
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types of damages | show 🗑
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general compensatory | show 🗑
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show | losses not directly caused by the wrong and dollar loss must be proved
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consequential | show 🗑
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show | harsh punishment and amount of damages may be set by law
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show | pateint wasnt hurt much and small token awarded
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denial | show 🗑
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show | risks, what if you do nothing, other options, why treatment needed
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show | denial, contributory, technical, affirmative (something else caused the issue)
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show | the facility, give patient only copies
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show | the patient
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show | patient must write letter, sign and state specifically what they want fixed, doctor makes sure mistake has been made,one line through bad information, put correction above, date and your initials
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show | Cxx appointments (cancelled appointments), Missed appointments, Refills, and Treatment refusals
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Statute of limitations | show 🗑
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show | state laws about communicable disease patient have that you have to report to the state department
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Doctrine of professional discretion | show 🗑
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show | living away from home, self-supporting, married, or military
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how long do you have to Retain medical records | show 🗑
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show | has to be destroyed so no one can ever read it like burning or shredding
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Abortion laws | show 🗑
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show | "the things has been decided" claim cannot be retried if it has already been resolved
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show | option available to doctors from former carriers to continue coverage for dates claims-made was in effect
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show | supplement to claims-made that can be purchased from a new carrier when doctor changes carriers
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self-insurance coverage | show 🗑
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show | varies
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fiduciary duty | show 🗑
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show | verify the phone number of receiving location, dont fax if others in room can view the material, dont leave unattended, dont discard without shredding, use fax cover sheet that states, "confidential: to addressee only. please return if recieved in error
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those who must have agent to give consent | show 🗑
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