Purpose & Confidentiality: A Seven-Step Model
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Sources of Law
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Constitutional, Statutory, Regulatory, and Common Law
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Purpose of law
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set rules by law for everyone to follow.
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Confidentiality
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Client's right to privacy
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Seven-step model
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1.Determine the facts 2.Define the precise ethical issue 3.Identify the major principles, rules, and values 4.Specify the alternatives 5.Compare values and alternatives 6.Assess the consequences 7.Make a decision
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Federal Law VS State Law
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Federal Law pre-empts State Law. Federal Law is higher or comes before State Law
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Physician-Patient Contract
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Offer, Acceptance and consideration
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Medical Patients Rights Act
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provides that all patients have the right to have their personal privacy respected and their medical records handled with confidentiality.
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Testifying in court
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ALWAYS tell the truth, Stay calm, no opinions
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Licensure
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A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors.
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Requirements for Licensure
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18 or older; graduate of an accredited school of PT; pass board examination
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Endorsement
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Approval or sanction
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Registration
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A list of individuals on an official record who meet the qualifications for an occupation.
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Reciprocity
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A physician already licensed in one state may be granted a license to practice in another state.(A when second state believes requirements are equivalant)
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Examination
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an examined license
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Revocation
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- taking back offer.
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Discovery Rule
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Legal theory that provides that the statute of limitations begins to run at the time the injury is discovered or when the patient should have known of the injury
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Gatekeeper
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A primary care physician who acts as a coordinator of all care for patients
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Managed Care Organization
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an agency that provides managed care service
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How they limit MCO
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Choice of physicians by referral
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HMO
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Health Maintenance Organization-Pre-Determined Fees, A group plan offering prepaid medical care to its members
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PPO
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Preferred Provider Organization-Co-Pays-, Can see someone outside of network
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EPO
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Exclusive Proveder Organization-Fee-for-service-Combines concepts of HMO and PPO.
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DRGs
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Diagnosis Related Group- Medicare institutes , used by insurance companies for reimbursement
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Fee-Splitting
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An agreement to pay a fee to another physician or agency for the referral of patients; this is illegal in some states and is considered an unethical medical practice.
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Patients Bill of Rights
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Rights of consideration and respectful. Rights to make decisions
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HIV Testing
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Have to give consent...Allowed in most states
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Privileged Communication
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confidential information that has been told to a physician (or attorney) by the patient
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Advance Directives
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Patient has the right to self determination prior to medical necessity.
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DNR
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DO NOT RESUSCITATE
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Durable Power of Attorney
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a legal agreement that allows an agent or representative of the patient to act on behalf of the patient
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Minors
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All persons under 18 years of age
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Consent
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Agreement, permission to do something
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Denial
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Plaintiff must prove defendant did, most common defense if defendant caused harm or injury
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Liability
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legal responsibility for ones actions
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Assumption of Risk
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A doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.
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Law Of Agency
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Medical employee acting on behalf of employer
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Borrowed servant doctrine
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a special application of respondeat superior in which an employer lends an employee to someone else.
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HIPAA
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The Health Insurance Portability and Accountability Act, a federal law protecting the privacy of patient-specific health care information and providing the patient with control over how this information is used and distributed.
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Negligence
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An unintentional wrong in which a person did not act in a reasonable and careful manner and a person or the person's property was harmed
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4 Ds Of Negligence
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duty, dereliction, direct or proximate cause, and damage
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Duty
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A moral or legal obligation; a responsibility
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Dereliction
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neglect of duty; abandonment
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Direct or Proximate
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the injury was proximately or closely related to the physicians negligence
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Damages
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injuries/damages caused by defendant
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Malfeasance
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(n) an illegal act, especially by a public official
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Misfeasance
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Improper performance of a lawful act
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Nonfeaseance
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Failure to perform an action
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Types of Damages
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Compensatory and punitive and nominal
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Punitive
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Intended to punish; penalizing
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Compensatory
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A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.
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Nominal
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(adj) token awarded by court
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Repondant Superior
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Let the master answer
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Guardian ad Litem
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court appointed guardian to represent a minor or unborn child in litigation
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In loco parentis
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in place of the parents when possesses their legal rights and benefits
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res judicata
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"The thing has been decided." A claim cannot be retried between the same parties if it has already been legally resolved.
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Res ipsa loquitur
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"The thing speaks for itself
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stare decisis
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"Let the decision stand"
