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Lesson 4 - Medical Law, Ethics, and Confidentiality
Medical law, ethics, and confidentiality for the medical assistant
104
Other
Not Applicable
06/21/2010

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Term
Breach of Contract
Definition
Failure to comply with an established agreement as apecified in a written contract.
Term
Abandonent
Definition
Failure to make arrangments for a patients medical care.
Term
Emancipated Minors
Definition
Person under the age of majority who has been declared by a court to be independent and resposible for his own depts.
Term
Agent
Definition
Representative of a facility, hospital, or doctor's office who represents in word and actions the supervising physician.
Term
Respondeat Superior (Latin phrase)
Definition
Meaning "let the master answer" a legal doctrine that places responsibility on a physician for the actions of her employee.
Term
Restitution
Definition
Monetary compensation for a loss or injury.
Term
Vicarious Liability
Definition
Liability of an employer for the wrong doing of an employee while on the job.
Term
Statute
Definition
Law
Term
Tort
Definition
Wrongful act committed by a person that causes harm to another person or property.
Term
Licensure
Definition
Designation signifying that a person has met the standards and requirements of their profession and is legally able to offer specific services for monetary reimbursement.
Term
Age of Majority
Definition
Legal status of adulthood, as recognized by the state. (18 years of age)
Term
Felony
Definition
Serious crime against the public that is punishable by serving time in person.
Term
Why may a state revoke a physician's license?
Definition
*Conviction of a crime
*Felony or Fraud
*Unprofessional conduct
*Addiction to drugs or alcohol
*Breach of confidentiality
*False advertising
*Unethical behaviors toward patients...
Term
Litigation
Definition
In medicine, a legal action that determines the rights and remedies a patient can pursue in the event of suspected medical malpractice.
Term
What is a "Standard of Care?"
Definition
The minimum safe professional conduct under specific conditions as determined by professional peer organizations, must be maintained at all times.
Term
Negligence
Definition
Unintentional failure of a health care professional to meet his resposibilities to a patient, resulting in injury to the patient.
Term
Unintentional Tort
Definition
When negligence results in harm to a patient.
Term
What can an act of negligence involve?
Definition
Nonfeasance, Malfeasance, and Res ipsa loquitor
Term
Nonfeasance
Definition
Failure to do what a prudent person would do that results in harm to a patient.
Term
Malfeasance
Definition
Performance of an improper act that results in harm to a patient.
Term
Res ipsa loquitor(Latin phrase)
Definition
Means "the thing speaks for itself," used in legal situations when neglegance is clearly evident.
Term
What two types of consent may be obtained when providing care to a patient?
Definition
Implied and Informed
Term
Implied Consent
Definition
Occurs when a patient consents to treatment through their actions.
Term
Informed Consent
Definition
Involves a written form that is signed by the patient.
Term
When obtaining consent, what must the physician ensure that the patient understands?
Definition
The procedure, why the procedure is being performed, who will perform the procedure, expected results of the procedure, risks of performing the procedure and of doing nothing, available alternative treatments, and how the risks and benifits compare to those of the recommended procedure.
Term
What are some barriers to obtaining informed consent?
Definition
Hearing impaired, patient speaks a different language, unconsciousness, or the patient does not understant the physician's explaination of care.
Term
The Good Samaritan Law protects who?
Definition
Anyone who offers emergency help within the scope of their training and ability.
Term
Malpractice
Definition
Action by a health care proffesional that injures a patient and fails to meet reasonable standards of professional care.
Term
How is the medical form of negligence(malpractice) proven?
Definition
By four criteria, commonly known as the "Four Ds."
Term
What are the "Four Ds?"
Definition
Duty, Deriliction of Duty, Direct cause, and Damage
Term
Duty
Definition
Proof that a patient-physician relationship excists.
Term
Deriliction of Duty
Definition
Proof that the physician failed to meet the standard of care.
Term
Expert Witness
Definition
Person who is called to testify in court due to their status as an expert on a given subject or in a specialty.
Term
Direct Cause
Definition
Proof that the damage suffered by the patient is a direct result of the actions of the physician.
Term
Damage
Definition
Proof that omission or commission by the physician caused the patient injury or harm.
Term
Plaintiff
Definition
Person bringing charges in court.
Term
Defendand
Definition
Person accused in a court of law.
Term
Subpoena
Definition
Legal document that requires a person to appear in court or be available for deposition.
Term
Deposition
Definition
Formal gathering of information during which the individual who has recieved the subpoena must answer questions.
Term
Perjury
Definition
To lie or omit information in a deposition.
Term
Subpoena Ducetecum(Latin phrase)
Definition
Meaning "bring with you under penalty of punishment" a legal document that requires a person to appear in court with specified documents.
Term
Intentional Tort
Definition
Considered gross negligence, a form of negligence that involves an intentional act or failure to act, that causes harm.
Term
Damages
Definition
Monetary award paid by the physician to the patient as directed by the court.
Term
What do intentional torts include?
Definition
Assault, Battery, Defamation, False Imprisonment, Fraud, and Invasion or Privacy.
Term
Assault
Definition
A threat or percieved threat of bodily harm to another person.
Term
Battery
Definition
Involves touching someone on a socially inappropriate way without their permission.
Term
Defamation
Definition
To cause harm to a person's reputation by providing false information in writing or by spoken word.
Term
Libel
Definition
Dishonoring or defaming a person through written documents.
Term
Slander
Definition
Dishonoring or defaming a person through verbal attacks.
Term
False Imprisonment
Definition
Holding a patient against their will.
Term
Fraud
Definition
Intentional misrepresentation of facts for financial gain.
Term
Invation of Privacy
Definition
Public release of patient's information without their consent.
Term
Criminal Law
Definition
Branch of public law that deals with the rights and resposibilities of the government to maintain public order.
Term
Civil Law(Private Law)
Definition
Branch or private law that deals with accidental, rather than intentional, injury to a person or personal property.
Term
Noncompliance
Definition
Failure of a patient to follow physician's treatment plan.
Term
How does a physician who has agreed to treat a patient fulfill their portion of the contract?
Definition
Dignosing and treating the patient to the best of thier ability, being available to the patient for care and return phone calls, and arranging for a different physician to be available in the event of the physician's absence.
Term
Statute of Limitations
Definition
Law that sets a time limit within which a person can bring a lawsuit.
Term
What are risk managment guidelines?
Definition
They outline appropriate behaviors annd procedures that decrease risk of patient dissatisfaction during an office visit.
Term
HIPPA
Definition
Health Information Portability and Acountability Act
Term
PHI
Definition
Protected Health Information
Term
What is some patient information considered to be PHI?
Definition
Insurance information, HIPPA forms, health history forms, phyical examintation notes, progress notes, laboratory notes, and diagnostic reports.
Term
Demonstrate an understanding of HIPPA compliance
Definition
The HIPPA act protects the privacy of a patient involving anything that includes information about a patient that could be used to identify them.
Term
Name three types of safeguards that a medical practice should institute to avoid the misuse of PHI
Definition
Admistrative, Technical, and Physical.
Term
Omission
Definition
Something neglected or left undone.
Term
Commission
Definition
To carry into action deliberately.
Term
Administrative Safegaurds for PHI include what?
Definition
*Verifying the identity of an individual who is picking up health records, and on the phone before giving information.
*Checking a patient's medical record for special instructions regarding contacting the patient before making a call to the patient.
Term
What does Technical Safegaurds for PHI include?
Definition
*Username and password for each staff member to access patient computer records.
*Instituting firewall protection
*Deleting username and passwords of staff members who have discontinued employment.
*Using software that tracks users activities.
Term
What does Physical Safegaurds for PHI include?
Definition
*Not leaving patient files out in the open
*Filing records before cleaning staff arrives.
*Not having conversations that include patient PHI in a place where you may be overheard.
Term
Durable Power of Attorney
Definition
Written legal designation of a person to make medical decisions on behalf of another person.
Term
Living Will
Definition
Written directions to a physician that instruct the physician about whether or not to maintain life-support systems in the event of a patient's terminal illness.
Term
Morals
Definition
Deeply held personal beliefs about what constitutes right or wrong behavior.
Term
Ethics
Definition
Study of human behavior and moral choices based on a set of priciples; rules or standards governing professional conduct.
Term
Bioethics
Definition
Study of the ethical implications of discoveries and advances in modern medicine and health care.
Term
Ethical Principles
Definition
Rules about how people ought to behave.
Term
What are the most common ethical priciples applied to health care?
Definition
Nonmaleficence, beneficence, autonomy, distributive justice, paternalism, veracity, and fidelity.
Term
Nonmaleficence
Definition
Duty to do no harm.
Term
Beneficence
Definition
Duty to provide a good or benifit.
Term
Autonomy
Definition
Right to self determination.
Term
Distributive Justice
Definition
Priciples regarding the fair distribution of scarce resoures.
Term
Paternalism
Definition
Practice of providing for people without giving them rights or responsibilites.
Term
Veracity
Definition
Quality of truthfulness.
Term
Fidelity
Definition
Concept of loyalty or faithfulness.
Term
What are the three major goals of the Patient's Bill of Rights?
Definition
1) To help patients feel more confident in the US health care system.
2) To stress the importance of a strong relationship between patients and their health care providers.
3) To stress the key role patients play in staying healthy by laying out rights and responsibilities for all patients and health care providers.
Term
What are eight key areas of the Patient Bill of Rights?
Definition
*Information for patients
*Choice of providers and plans
*Access to emergency services
*Taking part in treatment decisions
*Respect and non-descrimination
*Confidentiality
*Complaints and appeals
*Consumer Responsibility.
Term
Access to Emergency Services
Definition
When your health is in danger, the right to be screened and stabalized using emergency services.
Term
Complaints and Appeals
Definition
The right to a fair, fast, and objective review of any complaints you have about your health plan and health care provider.
Term
Information for Patients
Definition
The right to accurate and easily-understood Information about your health plan, health care professionals, and facilities.
Term
Taking Part in Treatment Decisions
Definition
The right to know the treatment options and take part in decisions about your care.
Term
Confidentiality
Definition
The right to talk privately with health care providers and to have your health care information protected.
Term
Choice of Provider and Plans
Definition
The right to choose health care providers who can give you high quality health care when you need it.
Term
Respect and Non-descrimination
Definition
The right to considerate, respectful care from your health care providers, that does not discriminate against you.
Term
Consumer Responsibilities
Definition
Patient responsibilities such as paying medical bills, being respectful to health care providers, etc...
Term
Name the 5 levels of body structures starting with the smallest
Definition
1)Cells 2)Tissues 3)Organs 4)Body Systems 5)Organsisms
Term
Name the 5 body cavities
Definition
1)Cranial 2)Spinal 3)Thoracic 4)Abdomonal 5)Pelvic
Term
Name the 4 Tissues
Definition
1)Epithelial 2)Connective 3)Muscle 4)Nervous
Term
Epithelial Tissue
Definition
Covers the body and lines the surfaces of cavities and hollow organs
Term
Connective Tissue
Definition
Includes soft tissue such as fat and blood cells, and hard tissues such as bomes, ligaments, and cartilage
Term
Muscle Tissue
Definition
Has unique property of shortening in length to produce movement
Term
Nervous Tissue
Definition
Composed of specialized cells that are found in locations such as eyes, ears, and brain
Term
Name one genetic disorder
Definition
Down's Syndrome, Cleft Lip, Clubfoot, Sickle-Cell Anemia, Huntington's, Tay-Sachs disease.
Term
A fluid with a pH less than <7 is called what?
Definition
Acid
Term
Give an example of a fluid with a pH<7
Definition
Gastic Acid
Term
A fluid with a pH greater than >7 is called what?
Definition
Basic
Term
Give an example of a fluid with a pH>7
Definition
Blood
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