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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
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Ethics
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Crimes against the state. Murder, arson, and rape.
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Criminal Law
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a crime punishable by death or by imprisonment in a state or federal prison for more than one year.
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felony
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less serious crimes and are punishable by fines or imprisonment in a facility other than a federal prison for 1 year or less
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Misdemeanors
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a rule of conduct or action prescribed or formally recognized as binding or enforced by controlling authority, such as local, state, and federal government
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Law
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Crimes against a person. A person can sue another person, a business, or the government
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Civil Law
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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
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Tort
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When one person intentionally harms another, the law allows the injured party to seek a remedy in a civil suit
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Intentional Tort
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Open threat or bodily harm to another, or acting in a way as to put another in the reasonable apprehension of bodily harm
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Assualt
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an action that causes bodily harm to another. Any bodily contact made without permission
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Battery
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speaking damaging words intended to negatively influence others against an individual in a manner that jeopardizes his or her reputation or means of livelihood
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Slander
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Publishing in print damaging words, pictures, or signed statements that will injure the reputation of another
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Libel
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Deceitful practices in depriving another of there rights, usually for the gain of another
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Fraud
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Acts that are not intended to cause harm but are committed unreasonably or with a disregard for the consequences
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Unintentional Tort
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A voluntary agreement between two parties in which specific promise are made for a consideration
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Contract
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When a health care practitioner fails to exercise ordinary care and the patient is injured. Also known as.....malpractice
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Negligence
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Charged if either party fails to comply with the terms of a legally valid contact
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Breach of Contract
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A contract that clearly states in writing or spoken
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Expressed Contract
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A contract which the conduct of the parties, rather than expressed words, indicates acceptance and creates the contract
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Implied Contract
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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
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Consent
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The patients right to receive all information to there condition and to make a decision regarding treatment based upon that knowledge
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Informed Concent
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Person under the age of majority
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Minors
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Withdrawing from a case and must be undertaken very carefully to avoid charges of abandonment
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Terminating Care
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A physician who terminates care of a patient must do so in a formal, legal matter, following these four steps
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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
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The act or practice of controlling risk
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Risk Management
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Lawsuits by patients against physicians for errors in diagnosis or treatment
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Malpractice
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The four D's of negligence
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1. Duty
2. Derelict 3. Direct Cause 4. Damages |
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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
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Arbitration
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A written court order addressed to a specific person, requiring that person's presence in court on a specific date, at a specific time
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Subpoena
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Employee is considered to be acting as a doctor's agent while performing professional tasks
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Law of Ageny
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Specialty coverage to protect he physician and staff against financial losses due to lawsuits filed against them by their clients or others
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Professional Liability Coverage
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4 Reasons patients sue
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1. Unrealistic expectations 2. Poor rapport, poor communication 3. Greed 4. Poor quality of care
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Laws that set the deadline or maximum period of time with in which a lawsuit or claim may be filed. Common is 2 yrs
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Statute of Limitation
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2 examples for a civil claim for professional malpractice
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Medical and Legal
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4 C's of medical malpractice prevention
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1. Caring
2. Communication 3. Competence 4. Charting |
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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
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Credentialing
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FDA....
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The Food and drug Administration requires that drug manufactures perform clinical tests on new drugs before humans use these drugs
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Someone who will make decisions regarding medical care on their behalf if they are unable to do so
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Durable Power of Attorney....also known as....Healthcare Proxy
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U.S. Department of Labor. Tells medical offices the precautions to take to minimize the risk of disease or injury
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Occupational Safety and Health Administration (OSHA)
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Has 2 main sections of law. Addresses healthcare portability. Prevention of healthcare fraud and abuse
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HIPAA
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Designed to provide strong privacy protections that do not interfere with patient access to healthcare or the quality of healthcare delivery
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HIPAA Privacy Rule
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Individually identifiable health information that is transmitted or maintained by electronic or other media like computer storage devices
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Protected Health Information (PHI)
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TPO....
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Treatment, payment, and operations
(Shared Information) |
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Specifies how patients information is protected on computer networks, the internet, disks, and other storage media and extranets
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Security Rule of HIPAA
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6 things in the HIPAA security rule
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1. Chart security
2. Reception area security 3. Patient care area security 4. Fax security 5. Copier security 6. Printer security |
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6 Principles for preventing improper release of information from the medical offie
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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
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Issues that arise related to medical advances. Particularly sensitive and highly personal issues in the medical field
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Bioethics
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Hippocratic Oath
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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
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A physician practicing alone assumes all the benefits for and liabilities of the business
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Solo Practice
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When 2 or more physicians decide to practice together
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Partnership Practice
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A medical practice model in which three or more licensed physicians share the collective income, expenses, facilities, equipment, records, and personnel for the practice
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Group Practice
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Two types of law that pertain to healthcare professionals
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Civil and Criminal Law
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The place or event where one is greeted
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Reception
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A group of colors that work well together
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Color family
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Waste that can be dangerous to those who handle it or to the environment
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Infectious or biohazardous waste
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Prevents discrimination based solely on a person's physical or mental disability
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Americans with Disabilities Act (ADA)
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Act passed to eliminate discrimination against the elderly
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Older American Act of 1965
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Using another person's name or insurance to seek healthcare
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Medical Identity theft
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Law requires certain businesses, including most medical offices and other healthcare facilities, to develop written programs to detect the warning signs, of identity theft
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Red Flag Rule
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3 Steps to the identity theft protection program
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1. Prevention
2. Detection 3. Mitigation |
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4 main computers used today
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1. Supercomputers
2. Mainframe Computers 3. Minicomputers 4. Personal Computers |
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The components of hardware are...
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Hardware
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OSHA
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Occupational Safety & Health Administration
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HIPAA
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Health Insurance Portability & Accountability Act
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PHI
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Protected Health Information
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HIV
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Human Immunodeficiency Virus
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AIDS
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Acquired Immunodeficiency Disease Syndrome
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HBV
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Hepatitis B Virus
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CDC
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Centers for Disease Control
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TPO
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Treatment, Payment, Operations
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