MEDICAL LAW AND ETHICS Flashcards

Terms Definitions
Cap
limit.
Malpractice
professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient.
define privacy
Freedom from unauthorized intrustion
Negligence
an unintentional action that occurs when a person either performs or fails to perform an action that a “reasonable person” would or would not have committed in a similar situation.
consent
to give permission, approve, or allow; may be written, verbal, informed, or implied
Punitive damages
also called exemplary damages, monetary award by a court to a person who has been harmed in an especially malicious and willful way; meant to punish the offender.
Breach
neglect of an understanding between two parties; failing to perform a legal duty.
Mercy killing
another term for voluntary euthanasia.
implied consent
inference by signs, inaction, or silence that consent has been granted
REVOKE
take away, as in revoke a license.
Prognosis
prediction for the course of a disease.
Intentional torts
occur when a person has intentionsionally or delibrately injured by another such crimes as assault, battery, false imprisionment, defematinon of character, fraud. embezzelment and invasion of privacy.
Viatical settlements
allows people with terminal illnesses, such as AIDS, to obtain money from their life insurance policies by selling them.
conglomerate
a corporation of a number of different companies operating in a number of different fields
The responsibility of the state as sovereign and guardian of persons with a legal disability.
Parens patriae.
Res ipsa loquitur
Latin phrase meaning “the thing speaks for itself.”
Vital statistics
major events or facts from a person’s life, such as live births, deaths, induced termination of pregnancy, and marriages
Revocation
the act of taking away or recalling, such as taking away a license to practice medicine.
Professional Service Corporation
Specific type of corporation in which licensed individuals organize to render a professional service to the public. Such licensed individuals include physicians, lawyers, and dentists.
The 6th amendment concerns..
The right to a speedy trial.
PRIMARY CARE PHYSICAN (PCP)
HMO-designated physician to manage and control an enrolled patient’s medical care.
Breach of contract
the failure, without legal excuse, to perform any promise or to carry out any of the terms of an agreement; failure to perform a contractual duty
define  Confidentially of Alcholol and DRug ABuse, patient records
A federal statue  that protects patients with histories of substance abuse reagarding the release of information about treatment
GOOD SAMARITAN LAWS
Enter state laws that help protect healthcare professionals and ordinary citizens from liability while giving emergency care to accident victims.
your back text here.
Criminal laws
set up to protect the public from the harmful acts of others.
STATUTE OF LIMITATIONS
the period of time that a patient has to file a lawsuit.
Substitute judgment rule
used when decisions must be made for a person who cannot make his or her wishes known.
Do you have the right to view  all of your records
no you do not.
Just cause
legal reason.
PER DIEM
daily rate (4)
Chromosome
threadlike structures within the nucleus (center) of a cell that transmit genetic information.
liability
The state of being liable, responsible, legally bound or obligated as to make good on any loss or damage that may occur.
RECIPOCITY
also called the responsible person standard, means the healthcare professional must provide the information that a prudent, reasonable person would want before making a decision about treatment or refusal of treatment.
INDIGENT
a person who is without funds.
Anencephaly
missing a brain and spinal cord.
guardian ad litem
court-appointed guardian to represent a minor or unborn child
The transplantation of a persons own tissue from one part of the body to another is called what?
Autograft.
Direct cause
the continuous sequence of events, unbroken by any intervening cause, that produces an injury and without which the injury would not have occurred.
Indictment
a written charge presented to the court by the grand jury against a defendant.
Withdrawing life-sustaining treatment
discontinuing a treatment or procedure, such as artificial ventilation, after it has started.
gatekeeper
a term referring to HMO primary care providers responsible for refferring members to specialists with the intent of matching the clients needs and preferences with the appropriate and cost effective use of those specialsts services.
The responsibility of a seller or manufacturer for any defective product unduly threatening personal safety.
Strict liability.
Creditor
person or institution to whom a debt is owed.
Implied consent
an agreement that is made through inference by signs, inaction, or silence.
Defendant
person or group of people sued civilly or prosecuted criminally in a court of law.
Compensatory damages
an amount of money awarded by the court to make up for loss of income or emotional pain and suffering.
A guardian appointed to prosecute or defend a suit for an incapacitated party.
Guardian ad litem.
Mediation
using the opinion of a third party to resolve a civil dispute in a nonbinding decision.
Enter Unintentional torts
such as negligence, occur when the patient is injured as a result of the healthcare professional’s not exercising the ordinary standard of care.
Passive euthanasia
allowing a patient to die by forgoing treatment.
Which will has to do with the persons medical wishes?
Living will.
Morbidity rate
the rate of sick people or cases of disease in relationship to a specific population.
How long must you wait to get rid of medical records according to HIPAA?
6 years.
Class action lawsuit
lawsuit filed by one or more people on behalf of a larger group of people who are all affected by the same situation.
Which will has to do with a persons estate and assets?
Last will and testament.
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