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medical law
medical law and ethics
| Term | Definition |
|---|---|
| criminal law | laws that deal with crimes and their punishments |
| misdemeanor | an offense that is considered less serious than a felony and carries a lesser penalty, usually a fine or imprisonment for less than 1 year. |
| felony | a crime declared by statute to be more serious than a misdemeanor and deserving of a more severe penalty. conviction usually require imprisonment in a penitentiary for longer than 1 year. |
| assault | the crime of trying or threatening to hurt someone physically. |
| battery | intentional touching or using force in a harmful manner, without the person's consent. |
| plaintiff | a person who files a lawsuit initiating a legal action |
| defendant | a person who is being sued or accused of a crime in a court of law |
| subpoena | a written order that commands someone to appear in court to give evidence. |
| deposition | a formal statement that someone who has promised to tell the truth makes so that the statement can be used in court. |
| civil law | laws that deal with the rights of people rather than with crimes |
| contract | a legal agreement between two or more parties |
| breach | infraction or violation of a law, obligation, tie, or standard |
| negligence | the failure to do something that a reasonably prudent individual would do under similar circumstances. |
| administrative law | the body of law in the form of decisions, rules, regulations, and orders created by administrative agencies under the direction of the executive branch of the government used to carry out the duties of such agencies. |
| litigation | a lawsuit or legal action that determines the legal rights and remedies of the person or party |
| mutual assent | an agreement by all parties to contract; must prove there was an offer and acceptance |
| consideration | a benefit of some type for entering into the contract, such as financial reimbursement |
| capacity | parties must be legally able to contract (legal age and of sound mind) |
| legality | subject matter must ne legal |
| medical negligence case | the plaintiff may receive compensation for medical expenses, lost wages, and for the pain and suffering associated with the negligence. |
| legal system | is a guide that is used in health care to ensure patients' and providers' rights are protected. |
| affordable care act (ACA) | was put in place to reform the health care system by providing more Americans with affordable, quality health insurance |
| occupational safety and health administration (OSHA) | this states that employers are accountable for providing a safe and healthful workplace for employees by setting and enforcing standards and by providing training, outreach, education, and assistance. |
| Health insurance portability and accountability act of 1996 (HIPAA) | gives patients rights over their health information and sets rules and limits on who can look at and receive their private info. this applies to protected health info, whether electronic, written, or oral. |
| Controlled substances act (CSA) | a federal policy that regulates the manufacture and distribution of controlled substances. |
| controlled substances | narcotics, depressants, and stimulants |
| title VII of civil rights | prohibits and employer with 15 or more employees from discriminating on the basis of race, national origin, gender, or religion. |
| equal pay act | this mandates the same pay for all people who do substantially equal work regardless of sex. |
| americans with disabilities act (ADA) | forbids discrimination against any applicant or employee who could perform a job regardless of a disability. also requires and employer to provide accommodations that are necessary to help the employee perform a job successfully. |
| family medical leave act (FMLA) | a federal law that requires certain employers to give time off to employees for familial or medical reasons |
| the joint commission (TJC) | accreditation with this helps organizations position for the future of integrated care, strengthen patient safety and quality of care, improve risk management and risk reduction, and provide a framework for organizational structure and management |
| expert witness | a witness in a court of law who is an expert on a particular subject. |
| tort | an action that wrongly causes harm to someone but that is not a crime and that is dealt in a civil court. |
| intentional tort | an intentional wrongful act by a person or entity who means to cause harm, or who knows, or is reasonably certain, that harm will result from the act. |
| slander | to make a false spoken statement that causes people to have a bad opinion of someone |
| libel | a false accusation that is made with malicious intent to hurt the reputation of a person who is living or the memory of a person who is dead, resulting in public embarrassment, contempt, ridicule, or hatred. |
| re ipsa loquitor | a doctrine or rule of evidence in tort law that allows an inference or presumption that a defendant was negligent in an accident injuring the plaintiff o n the basis of circumstantial evidence if the accident was a kind that doesn't usually happen |
| respondeat superior | a doctrine in tort law that makes an employer liable for the wrong of an employee. |
| common law | the laws developed from English court decisions and customs and that form the basis of laws in the U.S. |
| to prove negligence the plaintiff must prove the following | a duty existed, there was a dereliction of duty, the misconduct of the defendant was the direct cause of the injury, damages occurred as a result of the misconduct. |
| common tort in malpractice cases | negligence tort |
| malfeasance | performance of an unlawful, wrongful act |
| misfeasance | performance of a lawful action in an illegal or improper manner |
| nonfeasance | failure to perform a task, duty, or undertaking that one has agreed to perform or has a legal duty to perform. |
| informed consent | a clear and voluntary indication of preference or choice, usually oral or written, and freely given in circumstances where the available options and their consequences have been made clear. |
| implied consent | voluntary agreement with an action proposed by another |
| fraudulent | relating to actions that purposely intend to deceive |
| privacy complaint | anyone can file this to the Office of Civil Rights (OCR) through email, fax, postal mail, or via OCR portal. it must be filed within 180 days of when the know privacy violation occurred. |
Created by:
elshalance
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