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70 Cards in this Set

  • Front
  • Back
a standard of behavior and a concept of right and wrong beyond the legal consideration in any given situation
Ethics
Crimes against the state. Murder, arson, and rape.
Criminal Law
a crime punishable by death or by imprisonment in a state or federal prison for more than one year.
felony
less serious crimes and are punishable by fines or imprisonment in a facility other than a federal prison for 1 year or less
Misdemeanors
a rule of conduct or action prescribed or formally recognized as binding or enforced by controlling authority, such as local, state, and federal government
Law
Crimes against a person. A person can sue another person, a business, or the government
Civil Law
A civil wrong against a person or property that causes physical injury or damage to someone's property that causes physical injury or that deprives someone of his or her personal liberty or freedom
Tort
When one person intentionally harms another, the law allows the injured party to seek a remedy in a civil suit
Intentional Tort
Open threat or bodily harm to another, or acting in a way as to put another in the reasonable apprehension of bodily harm
Assualt
an action that causes bodily harm to another. Any bodily contact made without permission
Battery
speaking damaging words intended to negatively influence others against an individual in a manner that jeopardizes his or her reputation or means of livelihood
Slander
Publishing in print damaging words, pictures, or signed statements that will injure the reputation of another
Libel
Deceitful practices in depriving another of there rights, usually for the gain of another
Fraud
Acts that are not intended to cause harm but are committed unreasonably or with a disregard for the consequences
Unintentional Tort
A voluntary agreement between two parties in which specific promise are made for a consideration
Contract
When a health care practitioner fails to exercise ordinary care and the patient is injured. Also known as.....malpractice
Negligence
Charged if either party fails to comply with the terms of a legally valid contact
Breach of Contract
A contract that clearly states in writing or spoken
Expressed Contract
A contract which the conduct of the parties, rather than expressed words, indicates acceptance and creates the contract
Implied Contract
The patient has given permission, either expressed or implied for the physician to examine them, to perform tests that aid in reaching a diagnosis, or to treat a known or found medical condition
Consent
The patients right to receive all information to there condition and to make a decision regarding treatment based upon that knowledge
Informed Concent
Person under the age of majority
Minors
Withdrawing from a case and must be undertaken very carefully to avoid charges of abandonment
Terminating Care
A physician who terminates care of a patient must do so in a formal, legal matter, following these four steps
1. Write a letter to the patient explaining the reason for withdrawal. 2. Send the letter by certified mail with a return receipt requested. 3. Put a copy of the letter in the patients file.4. Summarize in the patients chart what actions were taken
The act or practice of controlling risk
Risk Management
Lawsuits by patients against physicians for errors in diagnosis or treatment
Malpractice
The four D's of negligence
1. Duty
2. Derelict
3. Direct Cause
4. Damages
A process in which the opposing sides choose a person or persons outside the court system, often with special knowledge in the field, to hear and decide the dispute
Arbitration
A written court order addressed to a specific person, requiring that person's presence in court on a specific date, at a specific time
Subpoena
Employee is considered to be acting as a doctor's agent while performing professional tasks
Law of Ageny
Specialty coverage to protect he physician and staff against financial losses due to lawsuits filed against them by their clients or others
Professional Liability Coverage
4 Reasons patients sue
1. Unrealistic expectations 2. Poor rapport, poor communication 3. Greed 4. Poor quality of care
Laws that set the deadline or maximum period of time with in which a lawsuit or claim may be filed. Common is 2 yrs
Statute of Limitation
2 examples for a civil claim for professional malpractice
Medical and Legal
4 C's of medical malpractice prevention
1. Caring
2. Communication
3. Competence
4. Charting
The term used by various organizations, including insurance carriers, to ensure healthcare providers are appropriately qualified to provide services and meet all the necessary requirements to do so
Credentialing
FDA....
The Food and drug Administration requires that drug manufactures perform clinical tests on new drugs before humans use these drugs
Someone who will make decisions regarding medical care on their behalf if they are unable to do so
Durable Power of Attorney....also known as....Healthcare Proxy
U.S. Department of Labor. Tells medical offices the precautions to take to minimize the risk of disease or injury
Occupational Safety and Health Administration (OSHA)
Has 2 main sections of law. Addresses healthcare portability. Prevention of healthcare fraud and abuse
HIPAA
Designed to provide strong privacy protections that do not interfere with patient access to healthcare or the quality of healthcare delivery
HIPAA Privacy Rule
Individually identifiable health information that is transmitted or maintained by electronic or other media like computer storage devices
Protected Health Information (PHI)
TPO....
Treatment, payment, and operations

(Shared Information)
Specifies how patients information is protected on computer networks, the internet, disks, and other storage media and extranets
Security Rule of HIPAA
6 things in the HIPAA security rule
1. Chart security
2. Reception area security
3. Patient care area security
4. Fax security
5. Copier security
6. Printer security
6 Principles for preventing improper release of information from the medical offie
1. If doubtful, do not release information 2. If the patient wants to disclose confidental information it is un ethical for the physician not to do so 3. All patients treated with the same degree of confidentiality 4. Be aware of all applicable laws and regulations 5.If need to break confidentiality, use good judgement 6. Get written release
Issues that arise related to medical advances. Particularly sensitive and highly personal issues in the medical field
Bioethics
Hippocratic Oath
To use the form of treatment believed to be best for the patient, to refrain from harmful action, and to keep a patient's private information confidential
A physician practicing alone assumes all the benefits for and liabilities of the business
Solo Practice
When 2 or more physicians decide to practice together
Partnership Practice
A medical practice model in which three or more licensed physicians share the collective income, expenses, facilities, equipment, records, and personnel for the practice
Group Practice
Two types of law that pertain to healthcare professionals
Civil and Criminal Law
The place or event where one is greeted
Reception
A group of colors that work well together
Color family
Waste that can be dangerous to those who handle it or to the environment
Infectious or biohazardous waste
Prevents discrimination based solely on a person's physical or mental disability
Americans with Disabilities Act (ADA)
Act passed to eliminate discrimination against the elderly
Older American Act of 1965
Using another person's name or insurance to seek healthcare
Medical Identity theft
Law requires certain businesses, including most medical offices and other healthcare facilities, to develop written programs to detect the warning signs, of identity theft
Red Flag Rule
3 Steps to the identity theft protection program
1. Prevention
2. Detection
3. Mitigation
4 main computers used today
1. Supercomputers
2. Mainframe Computers
3. Minicomputers
4. Personal Computers
The components of hardware are...
Hardware
OSHA
Occupational Safety & Health Administration
HIPAA
Health Insurance Portability & Accountability Act
PHI
Protected Health Information
HIV
Human Immunodeficiency Virus
AIDS
Acquired Immunodeficiency Disease Syndrome
HBV
Hepatitis B Virus
CDC
Centers for Disease Control
TPO
Treatment, Payment, Operations