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Module 1
Human Relations & Comm. 1 -- Chapter 3 (review)
| Term | Definition |
|---|---|
| Ethics | Branch of philosophy relating to moral standards |
| Etiquette | A customary code of conduct, courtesy and manners |
| Biomedicine | Advances in Medicine |
| Examples of Biomedicine | Stem Cell Research, Life Support, Gene Therapy, IN-Vitro Fertilization |
| Principle of autonomy | Right to make decisions about one’s own life |
| Principle of Beneficence | Action of helping others and performing actions that result in benefit to another person |
| Principle of Nonmalfeasance | “First Do No Harm” |
| Distributive Justice | Principle by which a society or healthcare community decide to allocate resources that are in scarce supply. (Utilitarianism) |
| Advanced directive | Making your wishes known in advance (in writing and verbally) |
| Living Will | Document stating the desires of a person should he or she become incompetent because of injury or illness |
| Durable Power of Attorney | Legal document establishing a person to make decisions for you |
| Healthcare proxy or agent | A person elected to make decisions on behalf of another person in regards to healthcare |
| Uniform Anatomical Gift Act | Right to choose Organ donation 18 Years and older |
| Minor | A person under the age of 18 |
| Mature Minor | A person judged to be mature enough to understand the MD’s Instructions. Such a minor seeking medical care for treatment of drug or alcohol abuse, contraception, STD’s and pregnancy. |
| Emancipated Minor | Person between the age of 15-18 who is either married, in the military or court emancipated. |
| Contract | A voluntary agreement between two parties with the intent of benefiting each other. |
| Contract Law | Addresses breach and neglect of legally binding agreement between two parties |
| Expressed Contract | An agreement entered into either orally or in writing, everything must be clearly stated |
| Implied Contract | Agreement shown through inference by signs, inaction or silence |
| Third party contract | Contracts with insurance companies and outside vendors |
| Breach of Contract | Either party fails to comply with the terms of the agreement |
| Abandonment | Withdrawing medical care from a patient without providing sufficient notice |
| Boot Letter | Releasing patient from practice properly |
| Fraud | An intentional perversion of the truth |
| DEA | Drug Enforcement Agency |
| FDA | Food and Drug Administration |
| Medical Practice Acts | Statutes that govern the right to practice in a State Vary from State to State; Protects the health and safety of the general public; Specify the rules and regulations for license renewal, suspensions and revocation |
| Good Samaritan Law | State laws that protect healthcare professionals and ordinary citizens from liability in case of an emergency |
| Tort | A civil injury, wrong act, committed against another person or property that results in harm and is compensated in money damages |
| Malpractice | Negligence by a professional |
| Intentional Tort | intentionally or deliberately injured by another |
| Unintentional Tort | such as negligence- occur when the patient is injured as a result if the healthcare professionals not exercising the ordinary standard of care |
| Standard of Care | Ordinary skills and care that must be used by all medical practioners |
| Malfeasance | Performing a wrongful or illegal act |
| Misfeasance | Improperly performing an otherwise proper or lawful act |
| Nonfeasance | Failure to perform a necessary action |
| Contributory negligence | he patient has contributed to the injury |
| 4 D's of Health Professionals | Duty Dereliction Direct or proximate cause Damages |
| Duty | The professional has a duty to the injured person |
| Dereliction | Professional failed to meet that duty |
| Direct or Proximate Cause | Continuous sequence of events, unbroken by any intervening cause that produces injury would not have occurred |
| Damages | Injuries caused by defendant (Health Care Professional) |
| Special Compensation | Monies owed due to loss of income |
| Discovery Rule | Begins when problem is discovered |
| Statute of Limitations | Amount of time someone has to file lawsuit |
| OSHA | Occupational Safety Health Administration -Guidelines for workplace safety |
| CLIA | Clinical Laboratory Improvement Amendments -Regulates all laboratories and ensures proper protocol is being implemented |
| Res ipsa loquitor- | "The thing speaks for itself" |
| Respondeat Superior- | "Let the Master Answer" |
| Subpoena Deuces Tecum | Under Penalty, Take with you" -Commands the doctor and the original medical record in court |
| Subpoena | "Under Penalty" -Commands a witness to appear at a trial |
| Res Judicata | The thing has been decided" -Decision already made by a judge/ binding |
| Deposition | Oral or written testimony |
| Damages | Injuries |
| Common or Case Law | -Established from court decisions -Made by judges when they apply previous court decisions to a current case. -Dependent upon interpretation of previous laws |
| Criminal Law | Classified as Felony or Misdemeanors Penalties are fines, imprisonment or both |
| Administrative Law | Branch of public law-regulations set by government agencies |
| Examples of Administrative Law | -Fraud -Health Department regulations -Licensing and supervision of controlled substances -Sets regulations against homicide, euthanasia, assault and battery |
| Non compos mentis | not of sound mind |
| Prognosis | Prediction of the course of a disease |
| Assault | The immediate threat of bodily harm |
| Battery | Bodily harm, unlawful touching |
| Fraudulent | deceitful |
| Indictment | A written charge presented to the court by grand jury against defendant |
| Stare Decisis | "Let the decision stand" |
| Assumption of Risk | A legal defense that prevents the plaintiff from recovering damages if the plaintiff voluntarily accepts the risk of activity (Consent Forms) |
| Affirmative Defense | Allows the defendant (physician) to present evidence that the patients condition was the result of factors other than negligence |
| Denial Defense | Plaintiff (injured) must prove the defendant (physician) did a wrongful, negligent act Jury must determine if the defendant caused the injury |
| Libel | written defamation of character |
| Arbitration | the use of an arbitrator usually a retired judge to settle a dispute outside of court |
| Slander | spoken defamation of character |
| Risk management | Identifying problem practices or behaviors, then taking action to control or eliminate them |
| Expert testimony | Statement given concerning a scientific, technical, or professional matter by a person with authority regarding the matter, such as a physician |
| Consent form | One-time signed document used to disclose personally identifiable health information for treatment, payment, or routine health care operations; not required by law |
| Medical Law | Addresses legal rights and obligations that affect patients and protect individual rights (ie: rights of health care employees) |
| Applied ethics | Practical application -- methods to identify morally correct actions |
| Civil Law | Private law that usually results in a payout/monetary compensation |
| 3 questions to ask when deciding if something is ethical: | Is it legal; is it balanced; how does it make you feel? |
| Grand Jury | Decides if there is enough evidence to send to trial -- issues indictment |
| Trial Jury | Determines innocence/guilt based on the evidence and testimonies |
| Examples of bioethical dilemmas: | Stem cell research; abortion; playing God; medical advancements (things you might be opposed to based on personal, religious, ethical beliefs |
| Bioethics | Moral issues and dilemmas that occur as a result of modern medical advancements |
| Relationship between Medical Law--Ethics--Bioethics | Protect self, patient, employer -- also note that something may be unethical but not necessarily illegal |
| Arbitration | Legally binding ruled upon by judge and cannot be brought back to court |
| Mediation | Settling outside of court -- not legally binding |
| Constitutional law | Addresses the relationship between individuals and their government (Amendments) |
| Statutory and Regulatory Law | Laws passed by Legislative bodies, Congress or state |
| Doctor's defense against malpractice | Affirmative defense (allows Dr. to present evidence) Denial defense (plaintiff must prove wrong doing) Expert witnesses (Dr. can bring professional witness to back up) |
Created by:
monkmaroni
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