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10 Cards in this Set
- Front
- Back
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What is Law?
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* system of tools for dealing with disputes/problems
* sets forth a society's standards for behavior * 2 general categories: - Public law - Private law |
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What is Private Law?
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* Sometimes referred to as "civil law"
* involves lawsuits between private parties and - individuals - corporations - government MADE up of CONTRACT law and TORT law |
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Define Public Law
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concerns the relationship between government and
- private citizens - private organizations - other government agencies CATEGORIES include: - criminal law - constititutional law - govt regulations (CMS, IRS, etc.) |
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SOURCES of law:
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- Constititution
- Statute (written law) - administrative decisions/regulations - common law (judge made law) HEALTH care is impacted by laws created by EACH source |
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Key concept: (doctrine of)
res judicata |
- means a thing or matter is decided/settled
- once a court renders a final decision, the parties CANNOT bring another actiion on the same claim |
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Key concept: (doctrine of)
stare decisis |
to stand by things decided
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JURISDICTION
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- the AUTHORITY of courts to HEAR and DECIDE a case
- the authority must be over *parties involved known as personal jurisdiction *question at issue in case, known as suubject matter jurisdiction |
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STAGES OF A LAWSUIT (THE LEGAL PROCESS)
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1. COMPLAINT
2. discovery 3. pretrial conference 4. trial 5. appeal 6. SATISFYING THE JUDGMENT |
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DISCOVERY
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- Tools used to obtain facts and info about the case
- each side seeks info from other - federal rules of civial procedure govern process (or state rules in court) - when info is in elecronic form, process is called "e-discovery" |
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USES of the medical record:
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- supporting direct patient care
- quality improvement efforts - public health monitoring - billing and reimbursement - a legal document recording a patient care episode - disclosure of health info requires patient permission or LEGAL mandate |
