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JURISPRUDENCE, ETHICS AND BASIC ECONOMICS
ass clinical sciences
72
Health Care
Professional
07/24/2013

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Cards

Term
Study or application of the principles of law and justice
Definition
Jurisprudence
Term
Transfer of a patient to another doctor without the patient’s consent
Definition
Abandonment
Term
Any individual authorized to act on behalf of a principal
Definition
Agent
Term
An agreement process which has no appeal after the final decision
Definition
Binding arbitration
Term
An employee who is loaned temporarily to another employer who is responsible for the loaned employee’s action during this period
Definition
Borrowed servant
Term
Burden of proving a claim lies with the person making the claim
Definition
Burden of proof
Term
Place where malpractice cases are handled
Definition
Civil court
Term
A commitment to do something for which consideration is given and for which is recognized by the law
Definition
Contract
Term
Due consideration, mutual consent by two or more competent parties regarding an object which is legal
Definition
Contract requirements
Term
An act which is harmful to the society as a whole.
Definition
Crime
Term
Action brought by the injured party [plaintiff]
Definition
Civil action
Term
Sworn statement of fact which may later be introduced as evidence
Definition
Deposition
Term
Interrogation of a witness by the party who called the witness to testify
Definition
Direct examination
Term
Legal document that identifies another individual who is empowered to make decisions on your behalf in your absence or if you are unable to make your wishes known
Definition
Durable power of attorney
Term
Interrogation of a witness by the party against whom compliant is made
Definition
Cross examination
Term
Information introduced to establish a fact or to disprove it
Definition
Evidence
Term
The most trustworthy source of information should be offered in court
Definition
best evidence rule
Term
Evidence offered in written form
Definition
documentary
Term
Evidence offered in the form of a written or verbal statement
Definition
testimonial
Term
Information gleaned from one’s own experience with the issue and not opinion or what was said by someone else [hearsay]
Definition
First hand knowledge
Term
The law that prohibits a person who renders care in good faith in an emergency from being sued for damage as a result of acts or omissions
Definition
Good Samaritan law
Term
Evidence for which there is no direct evidence or first hand knowledge
Definition
Hearsay
Term
A harmful action brought about by willfulness or intent
Definition
Intentional tort
Term
False written statement which harms the reputation of another
Definition
Libel
Term
Failing to perform up to the standard of care expected by practitioners in the same field or community
Definition
Malpractice
Term
A person not of legal age; thus requiring adult consent
Definition
Minor
Term
A person not of legal age who is in the armed forces, mother of a child or one who has left home and is self-sufficient
Definition
emancipated minor
Term
Failing to conform to the standard of care set by the law
Definition
Negligence
Term
Not of sound mind
Definition
Non compos mentis
Term
Someone who shares the responsibility, profits and loss in a business
Definition
Partner
Term
Any association between two or more co-owners who share the responsibilities, profits and loss in a business
Definition
Partnership
Term
The person who is making the complaint
Definition
Plaintiff
Term
One who appoints an agent to act on his behalf
Definition
Principal
Term
Information which does not have to be divulged in a court of law
Definition
Privileged communication
Term
The matter has been decided on
Definition
Res adjudicata [judicata]
Term
The matter speaks for itself
Definition
Res ipsa loquitor
Term
An employer is responsible for all of the harmful actions of his employees
Definition
Respondeat superior
Term
False verbal statement made about a person
Definition
Slander
Term
Action which causes harm or loss to another person or their property
Definition
Tort
Term
Aka respondeat superior-the boss is responsible for subordinate errors
Definition
Vicarious liability
Term
Instruction to speak the truth
Definition
Voire dire
Term
Person who has information about a particular subject or event
Definition
Witness
Term
Person must be of sound mind and not under any restriction
Definition
Witness-competency
Term
Person with the education or experience of a particular subject
Definition
Witness-expert
Term
System of moral principles or standards governing conduct
Definition
Ethics
Term
Fundamental truths on which ethical decisions can be made
Definition
Ethical Principle
Term
Autonomy, beneficence, confidentiality, fidelity, justice, non-maleficence and veracity
Definition
Ethical principle examples
Term
Fundamental patient right to make informed decisions regarding their care
Definition
Autonomy
Term
The responsibility of the doctor to seek the best for the patient
Definition
Beneficence
Term
The pledge that binds the doctor to hold in strict confidence those things learned about the patient during the course of care
Definition
Confidentiality
Term
When a doctor’s wishes clashes with an ethical imperative e.g. veracity and the desire to lie about the prognosis of a condition
Definition
Conflict
Term
Contractual obligation between patient and doctor
Definition
Doctor-patient relationship
Term
Rule that is used to determine the morality of an act that has both beneficent and maleficent effects
Definition
Double effect
Term
When two or more principles appear to be in conflict, e.g. beneficence and non-maleficence
Definition
Ethical Dilemma
Term
Family Educational Rights and Privacy Act= provides that educational agencies and institutions that receive funding under a program administered by the U. S. Department of Education must provide students with access to their education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. It also prohibits the educational agency from sharing this information with a third party without your permission.
Definition
FERPA
Term
Duty to comply with the reasonable expectations of the patient
Definition
Fidelity
Term
Responsibility of loyalty owed to a patient to provide the best care
Definition
Fiduciary responsibility
Term
Health Insurance Portability and Accountability Act=a group of federal laws that establishes rights, protection and other standards of care for people with pre-existing medical conditions
Definition
HIPAA
Term
Action that is counter to HIPAA guidelines; most common is the disclosure of your personal health information to a third party without your approval
Definition
HIPAA violation
Term
Approval to proceed with a procedure given willingly by a competent patient after full disclosure of the benefits and risks and alternative to the proposed plan of care
Definition
Informed Consent
Term
Principle dealing with fairness regardless of sex, creed, age etc in the distribution of goods and services
Definition
Justice
Term
The duty of the doctor to avoid or refrain from harming the patient
Definition
Non-malfeasance
Term
Power of the courts to protect the interests of those who cannot protect themselves
Definition
Parens patria
Term
Belief that the doctor like a parent knows what is best for the patient
Definition
Paternalism
Term
Beneficial results attributed to a biologically inert substance or technique
Definition
Placebo effect
Term
The duty of both patient and the doctor to tell the truth
Definition
Veracity
Term
Monetary value attached to a particular service provided
Definition
Fee for service
Term
Business practice in which the patient pays for his treatment
Definition
Cash practice
Term
Part of the cost of care borne by the patient in a health insurance scheme
Definition
Co-payment
Term
Federally-sponsored health insurance for certain low-income people
Definition
Medicaid
Term
Federally-sponsored health insurance for those over the age of 65
Definition
Medicare
Term
Part of cost paid by the health insurance scheme
Definition
Third party payment
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