Law And Ethics Module 2

Front 1

alternative dispute resolution (ADR)

Back 1

Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court.

Front 2

confidentiality

Back 2

The act of holding information in confidence, not to be released to unauthorized individuals

Front 3

damages

Back 3

Monetary awards sought by plaintiffs in lawsuits.

Front 4

depostition

Back 4

Sworn testimony given and recorded outside the courtroom during the pretrial phase of a case.

Front 5

duty of care

Back 5

The obligation of health care professionals to patients and, in some cases, nonpatients.

Front 6

interrogatory

Back 6

A written set of questions requiring written answers from a plaintiff or defendant under oath.

Front 7

malfeasance

Back 7

The performance of a totally wrongful and unlawful act

Front 8

misfeasance

Back 8

The performance of a lawful act in an illegal or improper manner

Front 9

nonfeasance

Back 9

The failure to act when one should.

Front 10

privileged communication

Back 10

Information held confidential within a protected relationship.

Front 11

res ipsa loquitur

Back 11

Literally, "the thing speaks for itself"; a situation that is so obviously negligent that no expert witnesses need be called. Also known as the doctrine of common knowledge.

Front 12

standard of care

Back 12

The level of performance expected of a health care worker in carrying out his or her professional duties

Front 13

subpoena

Back 13

A legal document requiring the recipient to appear as a witness in court or to give a deposition.

Front 14

subpoena duces tecum

Back 14

A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit.

Front 15

summons

Back 15

A written notification issued by the clerk of the court and delivered with a copy of the complaint to the defendant in a lawsuit, directing him or her to respond to the charges brought in a court of law

Front 16

testimony

Back 16

Statements sworn to under oath by witnesses testifying in court and giving depositions.

Front 17

wrongful death statutes

Back 17

State statutes that allow a person's beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence

Front 18

affirmative defenses

Back 18

Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence.

Front 19

assumption of risk

Back 19

A legal defense that holds the defendant is not guilty of a negligent act, since the plaintiff knew of and accepted beforehand any risks involved.

Front 20

claims-made insurance

Back 20

A type of liability insurance that covers the insured only for those claims made (not for any injury occurring) while the policy is in force.

Front 21

comparative negligence

Back 21

An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.

Front 22

contributory negligence

Back 22

An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.

Front 23

denial

Back 23

A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking

Front 24

emergency

Back 24

A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances.

Front 25

liability insurance

Back 25

Contract coverage for potential damages incurred as a result of a negligent act.

Front 26

occurrence insurance

Back 26

A type of liability insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy is in force, regardless of when the claim is made.

Front 27

prior acts insurance coverage

Back 27

A supplement to a claims-made policy that can be purchased when health care practitioners change insurance carriers.

Front 28

res judicate

Back 28

Literally, "The thing has been decided"; legal principle that a claim cannot be retried between the same parties if it has already been legally resolved.

Front 29

quality improvement (QI)

Back 29

A program of measures taken by health care providers and practitioners to uphold the quality of patient care. Also called quality assurance

Front 30

release of tortfeasor

Back 30

A technical defense to a lawsuit that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit.

Front 31

risk management

Back 31

The taking of steps to minimize danger, hazard, and liability.

Front 32

self-insurance coverage

Back 32

An insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards.

Front 33

statute of limitations

Back 33

That period of time established by state law during which a lawsuit may be filed.

Front 34

tail coverage

Back 34

An insurance coverage option available for health care practitioners: when a claims-made policy is discontinued, it extends coverage for malpractice claims alleged to have occurred during those dates that claims-made coverage was in effect.

Front 35

technical defenses

Back 35

Defenses used in a lawsuit that are based upon legal technicalities.

Front 36

Confidentiality of Alcohol and Drug Abuse, Patient records

Back 36

A federal statute that protects patients with histories of substance abuse regarding the release of information about treatment.

Front 37

doctrine of informed consent

Back 37

The legal basis for informed consent, usually outlined in a state's medical practice acts.

Front 38

doctrine of professional discretion

Back 38

A principle under which a physician can exercise judgment as to whether to show patients who are being treated for mental or emotional conditions their records. Disclosure depends on whether, in the physician's judgment, such patients would be harmed by viewing the records

Front 39

fiduciary duty

Back 39

A physician's obligation to his or her patient, based upon trust and confidence

Front 40

Good Samaritan acts

Back 40

State laws protecting physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help the victim of an accident or other emergency

Front 41

health information technology (HIT)

Back 41

The application of information processing, involving both computer hardware and software, that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication and decision making.

Front 42

medical record

Back 42

A collection of data recorded when a patient seeks medical treatment.