Law and Ethics

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1

Crime

An act that violates criminal law.

2

Litigation

A lawsuit.

3

Litigant

either party directly involved in a lawsuit.

4

Plaintiff

One who intiates(institutes a lawsuit)

5

Defendant

A person who is being sued.

6

Summons

A legal notice to a defendant in a lawsuit requiring his/her appearance in court at a certain time and place.

7

Subpoena

A writ that commands a witness to appear at a trial and to give testimony.

8

Subpoena duces tecum

An order to appear in court with documents (ex: A patients medical record)

9

Judgment

the final decision of the court in a lawsuit.

10

Statute-of -limitations

Time established for filing a lawsuit.

11

Medical arbitration panel

established to listen and investigate patients' complaints about medical care of excessive fees.

12

Breach

The breaking of a law, duty, or promise.

13

Breach of duty

Violation or omission of a legal or moral duty.

14

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.

15

Reasonable care

Actions by a healthcare worker that are considered reasonable as compared to healthcare workers in the same area (field)

16

Incompetence

Lack of physical or mental fitness.

17

False imprisonment

Holding or detaining a person against his/her will

18

Will

A legal statement of how an individuals property is to be distributed after death.

19

Contract

An agreement between two or more parties for the doing or not doing of some definite thing.

20

Privileged Communication

Info. given by the patient to medical personnal which cannot be disclosed without the consent of the person who gave it.

21

Malpractice

Negligence by a professional person.

22

Bioethics

The branch of moral issues, questions, and problems arising in the practice of medicine and biomedical research.

23

Etiquette

Conduct, courtesy, and manners customary in the medical profession.

24

Law

A rule of conduct made by a government body.

25

Can compromise

The welfare and safety of the public.

26

Treason

Crimes against the country (Ex: selling classified info. to another country)

27

Felonies

A major crime for which greater punishment is imposed.

28

Misdemeanor

A less serious crime.

29

Constitutional law

defines the rights, responsibilities and powers of government.

30

Administrative of Law

describes the rights and power of government agencies (Ex: IRS)

31

International law

Deals with treaties and agreements between/ among countries.

32

Civil law statute

that enforces private rights and responsibilities.

33

Tort law

Governs wrongs or injuries suffered by someone because of another.

34

Assault

A threat to touch (threatened battery)

35

Battery

Unlaw touching

36

Duress

coercing or persuading a patient, physically or verbally by threat or by pressure, to do something s/he does not want to do.

37

Defamation of character

Unauthorized, untrue disclosure. Injuring the name and reputation of another person by making false statements to another person.

38

Libel

Written defamation of character.

39

Slander

spoken demation of character.

40

Assault an Battery

An example of an intentional tort.

41

Property Law

Governs the ownership of personal property of real estate.

42

Inheritance Law

Concerned with the transfer of property after an owner's death.

43

Family law

Defines the rights/obligatiions of families.

44

Corporation Law

Concerned with the formation and operation of incorporated business.

45

Reciprocity

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)

46

Criminal offenses

murder,narcotic violations,arsons,fraud,rape,bad checks,income tax invasion,forgery,mail fraud

47

Unprofessional conduct

Willingful betrayal of doctor-patient confidentially

48

Fee spliting

sharing a fee with another doctor, lab or drug company not based on services performed.

49

Fraud

to prove fraud it must show there is an intent to deceive.filing false medicare/medicare/medicaid forms. Preparing/submitting false medical reports

50

unprofessional or personal incompetence

If the dr. is declared mentally incompetent insane.Advanced age,certaing illnesses injuries that impair memory or judgment

51

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.

52

Rights of the patient

choose the physician from whom s/he wants treatment.

53

Rights of the physician

The right to choose and refuse patients.

54

Physicians Obligations

A physician must provide a standard of care.

55

Reasonable

The physicians' skills experience, and knowledge must be average when compared to "like" physician.

56

Physicain is not obligated to

Accept new patients or former patients with new problems.

57

Physicians Obligations

Return a patient to the state of health experience before the patient became ill or injured.

58

Patients Obligations

The patient is obligated to tell the dr. the truth about the nature and duration of symptons and to provide a medical history.

59

Negligence

The failure to do something that a reasonable person in the same/ similar circumstances would have done or would not have done.

60

Malfeasance

the performance of an act that is wholly wrongful or unlawful.(ex: purposely overdosing a patient.

61

Misfeasance

improper performance of a lawful act.

62

nonfeasance

failing to perform an act that is one's requirement duty or that is required law.

63

Duty

the dr. owed a duty to the patient.

64

Derelict

the dr. failed to act as a responsible physician would have acted.

65

Direct

the injury is a direct result of the physician's negligence

66

Damages

Injuries suffered by the patient.

67

Monterary Compensation

awarded to the injured party.

68

Nominal

A token compensation awarded when the court wants to recognize that an individual's right was violated.

69

Compensatory

monetary compensation for physical impairment,pain and suffering, loss of earnings, or additional medical expenses as a result of the negligence.

70

Punitive

Compensation awarded beyond actual damages as the wrong doer's punishment.

71

Res Ispa Loquitor

" Thing speaks for itself " Physicains mistake is completely obvious

72

Respondeat Superior

" Let the masters answer" The employers (physicians) is liable for the actions of his/her employers.

73

Res Judicata

" The thing has benn decided ( A person cannot be tried for the same crime twice.

74

Consent

permission granted by a person voluntarily in his/her competent mind.

75

Durable Power of attorney

someone who will make decisions regarding medical care on a patients behalf if the patient is unable to do so.

76

Living will

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.

77

Informed consent

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.

78

Doctors patient contract

essential elements, offer consideration and acceptance

79

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.

80

Abandonment

when a dr. withdraws from the care of a patient without reasonable notice of withdrawal to the patient.

81

Confidentiality in the dr. pt relationship

the dr.-pt relationship is confidential ethically and illegally.

82

Ethics

right and wrong conduct.

83

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.