Law and Ethics
An act that violates criminal law.
either party directly involved in a lawsuit.
One who intiates(institutes a lawsuit)
A person who is being sued.
A legal notice to a defendant in a lawsuit requiring his/her appearance in court at a certain time and place.
A writ that commands a witness to appear at a trial and to give testimony.
Subpoena duces tecum
An order to appear in court with documents (ex: A patients medical record)
the final decision of the court in a lawsuit.
Time established for filing a lawsuit.
Medical arbitration panel
established to listen and investigate patients' complaints about medical care of excessive fees.
The breaking of a law, duty, or promise.
Breach of duty
Violation or omission of a legal or moral duty.
Invasion of privacy
A violation of a person's right to have his/her name. photograph, or private affairs exposed or made public without consent.
Actions by a healthcare worker that are considered reasonable as compared to healthcare workers in the same area (field)
Lack of physical or mental fitness.
Holding or detaining a person against his/her will
A legal statement of how an individuals property is to be distributed after death.
An agreement between two or more parties for the doing or not doing of some definite thing.
Info. given by the patient to medical personnal which cannot be disclosed without the consent of the person who gave it.
Negligence by a professional person.
The branch of moral issues, questions, and problems arising in the practice of medicine and biomedical research.
Conduct, courtesy, and manners customary in the medical profession.
A rule of conduct made by a government body.
The welfare and safety of the public.
Crimes against the country (Ex: selling classified info. to another country)
A major crime for which greater punishment is imposed.
A less serious crime.
defines the rights, responsibilities and powers of government.
Administrative of Law
describes the rights and power of government agencies (Ex: IRS)
Deals with treaties and agreements between/ among countries.
Civil law statute
that enforces private rights and responsibilities.
Governs wrongs or injuries suffered by someone because of another.
A threat to touch (threatened battery)
coercing or persuading a patient, physically or verbally by threat or by pressure, to do something s/he does not want to do.
Defamation of character
Unauthorized, untrue disclosure. Injuring the name and reputation of another person by making false statements to another person.
Written defamation of character.
spoken demation of character.
Assault an Battery
An example of an intentional tort.
Governs the ownership of personal property of real estate.
Concerned with the transfer of property after an owner's death.
Defines the rights/obligatiions of families.
Concerned with the formation and operation of incorporated business.
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)
murder,narcotic violations,arsons,fraud,rape,bad checks,income tax invasion,forgery,mail fraud
Willingful betrayal of doctor-patient confidentially
sharing a fee with another doctor, lab or drug company not based on services performed.
to prove fraud it must show there is an intent to deceive.filing false medicare/medicare/medicaid forms. Preparing/submitting false medical reports
unprofessional or personal incompetence
If the dr. is declared mentally incompetent insane.Advanced age,certaing illnesses injuries that impair memory or judgment
Legal required disclosures
Required to protect the health and welfare. Filing reports of certain commnicable disease to government agencies is done to protect the welfare of the community.
Rights of the patient
choose the physician from whom s/he wants treatment.
Rights of the physician
The right to choose and refuse patients.
A physician must provide a standard of care.
The physicians' skills experience, and knowledge must be average when compared to "like" physician.
Physicain is not obligated to
Accept new patients or former patients with new problems.
Return a patient to the state of health experience before the patient became ill or injured.
The patient is obligated to tell the dr. the truth about the nature and duration of symptons and to provide a medical history.
The failure to do something that a reasonable person in the same/ similar circumstances would have done or would not have done.
the performance of an act that is wholly wrongful or unlawful.(ex: purposely overdosing a patient.
improper performance of a lawful act.
failing to perform an act that is one's requirement duty or that is required law.
the dr. owed a duty to the patient.
the dr. failed to act as a responsible physician would have acted.
the injury is a direct result of the physician's negligence
Injuries suffered by the patient.
awarded to the injured party.
A token compensation awarded when the court wants to recognize that an individual's right was violated.
monetary compensation for physical impairment,pain and suffering, loss of earnings, or additional medical expenses as a result of the negligence.
Compensation awarded beyond actual damages as the wrong doer's punishment.
Res Ispa Loquitor
" Thing speaks for itself " Physicains mistake is completely obvious
" Let the masters answer" The employers (physicians) is liable for the actions of his/her employers.
" The thing has benn decided ( A person cannot be tried for the same crime twice.
permission granted by a person voluntarily in his/her competent mind.
Durable Power of attorney
someone who will make decisions regarding medical care on a patients behalf if the patient is unable to do so.
A legal document addressed to the patient's family and physicians stating what type of treatment a patient wishes or does not wish to have when patient is terminally ill or incapacited.
a description of the proposed procedure (Normal risks /hazards or possible complications connected with the treatment in terms that the patient fully understand prior to submitting to thr treatment.
Doctors patient contract
essential elements, offer consideration and acceptance
Letter of withdrawal for terminating care of a patient
the dr.must notify the patient in writing. The doctor is not obligated to notify the patient verbally.
when a dr. withdraws from the care of a patient without reasonable notice of withdrawal to the patient.
Confidentiality in the dr. pt relationship
the dr.-pt relationship is confidential ethically and illegally.
right and wrong conduct.
Controlled substance act of 1970
Requires a doctor who administers narcotics to be registered with the DEA ( drug enforcement Agency)and have a narcotics' license.