Medical Law & Ethics Midterm – Flashcards
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Virtue Ethics
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Refers to the theory that people who have moral virtues will make the right decisions.
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Contributory Negligence
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An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.
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Law of Agency
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The law that governs the relationship between a principal and his or her agent.
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Ethics
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Standards of behavior, developed as a result of one's concept of right and wrong.
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Comparative Negligence
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An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.
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etiquette
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Standards of behavior considered to be good manners among members of a profession as they function as individuals in society.
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accessory
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one who contributes to or aids in the commission of a crime—by a direct act, by an indirect act (such as encouragement), by watching and not giving aid, or by concealing the criminal's crime
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Assumption of Risk
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A legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved.
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Law
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Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.
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Tortfeasor
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The person guilty of committing a tort.
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Denial
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A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking.
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Confidentiality
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Keeping medical information strictly private.
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Negligence
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An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances.
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Justice
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Providing to an individual what is his or her due.
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Copayment
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fees are flat fees that insurance plan subscribers pay for certain medical services.
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General liability
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three areas of general liability for which a physician/employer is responsible? The practice's building and grounds. Automobiles used as part of employees' duties. Employee safety
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Veracity
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Truth telling
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patient portal
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A secure online Web site that gives patients 24-hour availability to health care providers.
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Invasion Of Privacy
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An intrusion into a person's seclusion or private affairs, public disclosure of private facts about a person, false publicity about a person, or use of a person's name or likeness without permission
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Precedent
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Decisions made by judges in the various courts that become rule of law and apply to future cases
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Telemedicine
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Remote consultation by patients with physicians or other health professionals via telephone, closed-circuit television, or the Internet.
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Nuisance
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a person, thing, or circumstance causing inconvenience or annoyance.
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Beneficience
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Acts performed by a health care practitioner to help people stay healthy or recover from illness.
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Reciprocity
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The process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination.
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Assault
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The open threat of bodily harm to another, or acting in such a way as to put another in the "reasonable apprehension of bodily harm."
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Duty Oriented Theory
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Duty-oriented theories provide a foundation for rules of morality and for the idea of individual rights
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Felony
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s a crime that is punishable by death or a year or more in prison. Conviction of a felony is grounds for revocation or suspension of the license to practice medicine.
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Battery
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An action that causes bodily harm to another. It is broadly defined as any bodily contact made without permission.
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Common Sense
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Sound practical Judgement
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Misdemeanor
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A crime punishable by fine or by imprisonment in a facility other than a prison for less than one year.
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Tort
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A civil wrong committed against a person or property, excluding breach of contract.
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People Skills
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are those traits and capabilities that allow you to get along well with others and to relate well to patients or clients in a health care setting.
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Constitutional Law
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Law that derives from federal and state constitutions.
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Malfeasance
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The performance of a totally wrongful and unlawful act.
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Critical Thinking Skills
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The ability to think analytically, using fewer emotions and more rationality.
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Case Law
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Law established through common law and legal precedent.
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Misfeasance
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The performance of a lawful act in an illegal or improper manner.
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Res Judicata
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"The thing has been decided." Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved.
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Administrative Law
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Enabling statutes enacted to define powers and procedures when an agency is created.
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Nonfeasance
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The failure to act when one should.
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Respondeat Superior
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Literally, "Let the master answer." A doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees' duties.
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Statutory Law
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Law passed by the U.S. Congress or state legislatures.
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Liable
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Legally responsible or obligated.
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res ipsa loquitur
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"The thing speaks for itself"; also known as the doctrine of common knowledge. A situation that is so obviously negligent that no expert witnesses need be called.
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Criminal Law
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Law that involves crimes against the state.
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Duty Of Care
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The legal obligation of health care workers to patients and, sometimes, nonpatients.
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Malpractice
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refers to an individual's right to seek monetary compensation in the form of damages for a wrong done.
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Punitive Damages
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damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
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Qui Tam
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who as well for the king as for himself sues in this matter." Qui tam cases are different from other types of lawsuits, such as those involving personal injuries, because the person bringing the lawsuit is not the one who has been harmed.
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Early Medical Codes Of Ethics
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Code of Hammurabi Hippocratic oath Percival's Medical Ethics American Medical Association Principles
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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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Certification
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A voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate.
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Registration
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A credentialing procedure whereby one's name is listed on a register as having paid a fee and or/ met certain criteria within a profession.
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Accredidation
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Official authorization or approval for conforming to a specified standard for health care education programs, health care facilities, & managed care plans.
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Endorsement
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Endorsement—the process by which a license may be awarded based on individual credentials judged to meet licensing requirements in the new state of residence.
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Who was Hippocrates and how did he contribute to medical law and ethics?
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Hippocrates was a Greek physician known as the father of medicine. He practiced medicine and his writings influenced the Hippocratic oath which was published by his students.
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What is Teleological or consequence-oriented theories?
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Decision-making theory that judges the rightness or wrongness based on the outcomes or predicted outcomes.
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Apps are popular as well in health care. What type is the most popular medical app?
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Drug reference
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What is Standard of Care? What are examples?
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The level of performance expected of a health care practitioner in carrying out his or her professional duties. Examples:In some instances, depending on the situation and state law, physicians may have a duty under standard of care to warn nonpatients of danger, as in the case of a psychiatric patient who threatens harm to others or in the case of a patient with a communicable disease.
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risk management
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taking steps to minimize danger, hazard, and liability. Risk management is an important concept in the prevention of medical lawsuits
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What are the stages of moral development? Be able to identify examples. How was this formulated?
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children form ways of thinking through their experiences that include understandings of moral concepts such as justice, rights, equality, and human welfare Formulated by Piaget and later expanded by Kohlberg
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The Affordable Care Act requires insurance companies to cover dependent children for how long? Are there any stipulations?
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Must cover dependent children up to age 26. Cannot deny insurance to children with preexisting medical conditions.
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What is the purpose of a medical practice act?
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Each state's medical practice acts also mandate the establishment of medical boards, whose purpose is to protect the health, safety, and welfare of health care consumers through proper licensing and regulation of physicians and, in some jurisdictions, other health care practitioners.
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What are the current thoughts on value development?
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Psychologists, philosophers, and social scientists all study human behavior. Many subscribe to the idea that human behavior is a reflection of our attention to our needs or to our values
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The Patient Protection and Affordable Care Act is also known as what? What does this provide?
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PPACA:A federal law enacted in 2010 to expand health insurance coverage and otherwise regulate the health insurance industry. prevents insurance companies from denying coverage to children with preexisting medical conditions and provides health coverage for individuals with preexisting conditions who have been uninsured for six months.
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Know Maslow's Hierarchy of Needs-based motivation and how best defined.
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Maslow's theory, there are five stages of need that influence our behavior. We must satisfy each need in order, and the resulting progression is called a hierarchy. Maslow defined needs 1 to 3 as deficiency, or D-needs. Needs 4 and 5 are growth needs, also known as being, or B-needs. 1.The need for basic life—food and shelter. 2.The need for a safe and secure environment. 3.The need to belong and to be loved. 4.The need for esteem, where status, responsibility, and recognition are important. 5.The need for self-actualization, for personal growth and fulfillment. Originally, Maslow believed that the needs followed a strict order, but in his later years he allowed for the possibility that some people may not require meeting all the D-needs before moving on to the B-needs.
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What is the purpose of having formalized codes of ethics in health care?
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to govern behavior of members and to increase the level of competence and standards of care within the group.
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Compare and contrast morals versus ethics.
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ethics refer to rules provided by an external source, e.g., codes of conduct in workplaces or principles in religions. Morals refer to an individual's own principles regarding right and wrong.
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