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Medical Law
| Question | Answer |
|---|---|
| Pluralistic | Referring to numerous district ethnic, religious, and cultural groups that coexist in society |
| Bond | An insurance contract by which a bonding agency guarantees payment of a specified sum to an employer in the event of a financial loss to the employer caused by the act of a specified employee; a legal obligation to pay specific sums |
| Burglary | Breaking and entering with intent to commit a felony |
| Capitation | Health care providers are paid a fixed monthly fee for a range of services for a rnage of services for each HMO member in their care |
| Conglomerate | A corporation of a number of different companies operating in a number of different fields |
| Co-payment | Amedical expense that is a member's respondibility; usually a fixed amount of $5 to $20 |
| Deductible | A cost-sharing arrangement in which the member pays a set amount toward covered services before the insurer begins to make any payments. Typically, HMO members do not pay deductibles |
| Fee-for-service | Pays providers for each service performed |
| Gatekeeper | A term referring to HMO primary care provider responsible for referring member to specialists with the intent of matching the client's needs and preferences with the appropriate and cost-effective use of those specialists' services |
| Group practice | Type of business management in which three or more individuals organize to render professional service and share the same equipment and personnel |
| Health maintenance organization (HMO) | Prepaid health care services rendered by participating physicians and providers to an enrolled group of persons |
| Joint venture | A type of business management where hospitals, physicians, and clinics form to offer client care |
| Liability | The state of being liable, responsible, legally bound or obligated, as to make good any loss or damage that occurs |
| Managed care | A type of health care plan; generally one of two types, namely HMO or preferred provider organization (PPO) |
| Opt-out-option | Members or clients can seek treatment from providers outside the health care plan but pay more to do so |
| Partnershiip | Type of business management involving the association of two or more individuals who are co-owners of their business |
| Pay for performance (P4P) | A type of business agreement between a medical service provider and an insurer organization in which the fees for specific services are predetermined for an already established group of clients assigned to or selected by the provider |
| 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 |
| Sole proprietorship | Type of business management owned by a single individual |
| Theft | Actual taking and carrying of someone else's personal property without consent or authority and with the intent to permanently deprive a person of it |
| Certification | Documentation, usually from a professional organization, that an individual has met certain requirements set forth by that organization |
| Endorsement | An agreement in which one state recognizes the licensing procedure of another state, considers it valid, and grants a license to practice. Sometimes referred to as reciprocity |
| Licensed practical nurse (LPN)or licensed vocational nurse (LVN) | Person who has graduated from a 1-year practical nurse vocational or college program and has passed the state licensing examination for practical or vocational nurses. An LPN or LVN works under the direct supervision of a registered nurse or physician |
| Licensure | Legal permission, granted by state stautes, to perform specific acts; for instance, a physician is licensed to practice medicine |
| Medical assistant (MA) | Person who assists the physician in both administrative and clinical duties; education varies from on-the-job training to 2 years in an accredited program for medical assisting. may be certified or registered by successfully passing the POE |
| Medical laboratory technician (MLT) | Person who has graduated from a certificate program or associate degree program and then works under the supervision of a physician or medical technologist in a laboratory. May be certified by a POE |
| Medical technologist (MT) | Person who has graduated from a 2- to 4-year college or university program in medical technology that includes 1 year of clinical training in the laboratory |
| Medical transcriptionist | Person who may, or may not, have formal training; will have superior kepboarding and grammar skills; transcribes medical dictation, on- or off-site |
| Nurse practitioner | Nurse practitioner is an RN (usually with a Bachelor's degree) who has successfully completed addtional training in an NP program at the masters or doctoral level |
| Physician assistant (PA) | Person with 1 to 4 years of education in an approved program for PA's; a PA works under supervision of a physician |
| Professional coder | Coders are responsible for the correct applicationof procedures, supplies, and diagnostic codes used for billing professional medical services |
| Reciprocity | An agreement by which two states recognize the licensing procedures of each other, consider them valid, and grant licenses to practice based on the other state's licensure. In some states, it is referred to as endorsement |
| Registered nurse | Person who has graduated from a 2-year associate degree, 3- year diploma, or a 4- to 5-year bachelor's degree program and passed the state licensing examination for RNs. |
| Registration | An entry in an official record listing names of persons satisfying certain requirements and level of education |
| Administer a drug | To introduce a drug into the body of a client |
| Appelllant | One who appeals a court decision to higher court |
| Arraignment | The procedure of calling someone before a court to answer a charge |
| Civil case | Court action between private parties, corporations, gov ernment bodies, or other organizations. Compensation is usually monetary. Recovery of private rights is sought |
| Closing arguments | Summary and last statements made by opposing attorneys at a hearing or trial |
| Controlled Substances Act | Federal law regulating the administration, dispensing, and prescription of particular substances that are categorized in five schedules |
| Court of appeals | Court that reviews decisions made by a lower court; may reverse, remand, modify, or affirm lower court decision |
| Court order | An order issued only by a judge to appear or to request certain records. The release of any records requested in a court order does not require the client's permission |
| Criminal case | Court action brought by the state against individual(s) or groups of people accused of committing a crime; punishment usually imprisonment or a fine; recovery of rights of society |
| Cross-examination | Examination of a witness by an opposing attorney at a hearing or trial |
| Defendant | The person or group accused in a court action |
| Deposition | A written record of oral testimony made before a public officer for use in a lawsuit |
| Direct examination | Examination of a witness by the attorney callling the witness at a hearing or trial |
| Dispense a drug | To deliver controlled substances in a bottle, box, or some other container to the client. Under the Controlled Substances Act, the definiition also inludes the administering of controlled substances |
| Examination of witness | Questioning of a witness by attorneys during a court action |
| Expert witness (medical) | Person trained in medicine who can testify in a court of law as to what the professional standard of care is in the same or similar communities |
| Felony | A serious crime such as murder, larceny, assault, or rape. The punishment is usually severe |
| Higher (superior) court | The court to which appeals of trial court decisions can be made; a court with broader judicial authority than a lower or inferior court |
| Judge | A public official who directs court proceedings, instructs the jury on the law governing the case, and pronounces sentence |
| Jury | Six to 12 individuals, usually randomly selected, who are administered an oath and serve in court proceedings to reach a fair verdict on the basis of the evidence presented |
| Law | Rule or regulation that is advisable or obligatory to observe |
| Litigation | A lawsuit; a contest in court |
| Lower (inferior) court | Usually, the court in which a case is first presented to the trial court; a court with limited judicial authority |
| Misdemeanor | Type of crime less serious than a felony |
| Opening statements | Statements made by opposing attorneys at the beginning of a court action to outline what they hope to establish in the trial |
| Plaintiff | The person or group initiating the action in litigation |
| Prescribe a drug | To issue a drug order for a client |
| Probate(estate) court | State court that handles wills and settles estates |
| Sentencing | Imposition of punishment in a criminal proceeding |
| Small claims court | Special court intended to simplify and expedite the handling of small claims or debts |
| Subpoena | An order to appear in court under penalty or failure to do so |
| Subpoena duces tecum | A court order requiring a witness to appear and bring certain records or tangible items to a trial or deposition |
| Summons | An order, in a civil case, from the court directing the sheriff or other appropriate official to notify the defendant where and when to appear |
| Verdict | Findings or decision of a jury |
| Agent | An agent is a person (the health care employee) appointed by a principal party (the physician or provider) to perform authorized acts in the name and under the control and direction of the principal |
| Alternative dispute resolution (ADR) | Methods outside the judicial system used to solve potential malpractice actions; methods include arbitration and mediation |
| Assault | Assault refers to a threat to inflict injury with an apparent ability to do so |
| Battery | Battery is the unlawful touching, beating, or laying hold of persons or their clothing without consent |
| Breach of contract | Failure to comply with the terms of a valid contract |
| Defamation | Spoken or written words concerning someone that tend to injure that person's reputation and for which damages can be recovered. Two types of defamation are libel, which is false, defamatory writing, such as published material, effigy, or picture |
| Malfeasance | Commission of an unlawful act |
| Medical malpractice | Professional negligence of physicians or providers |
| Misfeasance | Improper performance of an act resulting in injury to another |
| Negligence (medical) | Doing some act that a reasonable and prudent physician or provider would not do or failing to do some act that a reaonable and prudent physician or provider woudl do |
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