Medical Law And Ethics

Front 1

access

Back 1

The availability of health care and the means to purchase health care services.

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accreditation

Back 2

Official authorization or approval for conforming to a specified standard.

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active euthanasia

Back 3

A conscious medical act that results in death.

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administer

Back 4

To instill a drug into the body of a patient.

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administrative law

Back 5

Enabling statutes enacted to define powers and procedures when an agency is created.

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affirmative action

Back 6

Programs that use goals and quotas to provide preferential treatment for minority persons determined to have been underutilized in the past.

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affirmative defenses

Back 7

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

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Agency for Healthcare Research and Quality (AHRQ)

Back 8

The lead federal agency responsible for tracking and improving the quality, safety, efficiency, and effectiveness of health care for Americans.

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agent

Back 9

One who acts for or represents another. In performing workplace duties, the employee acts as the agent, or authorized representative, of the employer.

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allopathic

Back 10

Literally, “different suffering”; referring to the medical philosophy that dictates training physicians to intervene in the disease process, through the use of drugs and surgery.

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alternative dispute resolution (ADR)

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

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Amendments to the Older Americans Act

Back 12

A 1987 federal act that defines elder abuse, neglect, and exploitation, but does not deal with enforcement.

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American Medical Association Principles

Back 13

A code of ethics for members of the American Medical Association written in 1847.

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amniocentesis

Back 14

A test whereby the physician withdraws a sample of amniotic fluid (the fluid surrounding the developing fetus inside the mother's womb) from the uterus of a pregnant woman. The fluid is then tested for genetic or other conditions that may lead to abnormal development of the fetus.

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artificial insemination

Back 15

The mechanical injection of viable semen into the vagina.

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associate practice

Back 16

A medical management system in which two or more physicians share office space and employees but practice individually.

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assumption of risk

Back 17

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.

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autonomy (or self-determination)

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The word autonomy comes from the Greek words auto (self) and nomos (governance). It is generally understood as the capacity to be one's own person, to make decisions based on one's own reasons and motives, not manipulated or dictated to by external forces.

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autopsy

Back 19

A postmortem examination to determine the cause of death or to obtain physiological evidence, as in the case of a suspicious death.

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baby boom generation

Back 20

Those individuals born between 1946 and 1964.

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beneficence

Back 21

Refers to the acts health care practitioners perform to help people stay healthy or recover from an illness.

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bioethicists

Back 22

Specialists who consult with physicians, researchers, and others to help them make difficult ethical decisions regarding patient care.

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bioethics

Back 23

A discipline dealing with the ethical implications of biological research methods and results, especially in medicine.

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brain death

Back 24

Final cessation of bodily activity, used to determine when death actually occurs; circulatory and respiratory functions have irreversibly ceased, and the entire brain (including the brain stem) has irreversibly ceased to function.

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breach of contract

Back 25

Failure of either party to comply with the terms of a legally valid contract

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case law

Back 26

Law established through common law and legal precedent.

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categorical imperative

Back 27

This principle means that there are no exceptions (categorical) from the rule (imperative). The right action is one based on a determined principle, regardless of outcome.

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certification

Back 28

A voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate.

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checks and balances

Back 29

The system established by the U.S. Constitution that keeps any one branch of government from assuming too much power over the other branches.

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Chemical Hygiene Plan

Back 30

The Standard for Occupational Exposures to Hazardous Chemicals in Laboratories, which clarifies the handling of hazardous chemicals in medical laboratories.

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Child Abuse Prevention and Treatment Act

Back 31

A federal law passed in 1974 requiring physicians to report cases of child abuse and to try to prevent future cases.

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chromosome

Back 32

A microscopic structure found within the nucleus of a plant or animal cell that carries genes responsible for the organism's characteristics.

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civil law

Back 33

Law that involves wrongful acts against persons.

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Clinical Laboratory Improvement Act (CLIA)

Back 34

Also called Clinical Laboratory Improvement Amendments. Federal statutes passed in 1988 that established minimum quality standards for all laboratory testing.

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clone

Back 35

An organism begun asexually, usually from a single cell of the parent.

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cloning

Back 36

The process by which organisms are created asexually, usually from a single cell of the parent organism.

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code of ethics

Back 37

A system of principles intended to govern behavior—here, the behavior of those entrusted with providing care to the sick.

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code set

Back 38

Under HIPAA, terms that provide for uniformity and simplification of health care billing and record keeping.

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coma

Back 39

A condition of deep stupor from which the patient cannot be roused by external stimuli.

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common law

Back 40

The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition.

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common sense

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Sound practical judgment.

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comparative negligence

Back 42

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

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compassion

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The identification with and understanding of another's situation, feelings, and motives.

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confidentiality

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

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Confidentiality of Alcohol and Drug Abuse, Patient Records

Back 45

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

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consent

Back 46

Permission from a patient, either expressed or implied, for something to be done by another. For example, consent is required for a physician to examine a patient, to perform tests that aid in diagnosis, and/or to treat for a medical condition.

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consequence-oriented (or teleological) theories

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Consequence-oriented or teleological theories judge the rightness of a decision based on the outcome or predicted outcome of the decision.

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constitutional law

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Law that derives from federal and state constitutions.

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contract

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A voluntary agreement between two parties in which specific promises are made for a consideration.

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contributory negligence

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

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Controlled Substances Act

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The federal law giving authority to the Drug Enforcement Administration to regulate the sale and use of drugs.

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coroner

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A public official who investigates and holds inquests over those who die from unknown or violent causes; he or she may or may not be a physician, depending on state law.

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corporation

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A body formed and authorized by law to act as a single person.

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cost

Back 54

In this context, the amount individuals, employers, state and federal governments, HMOs, and insurers spend on health care in the United States.

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courtesy

Back 55

The practice of good manners.

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covered entity

Back 56

Health care providers and clearinghouses that transmit HIPAA transactions electronically, and must comply with HIPAA standards and rules.

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covered transactions

Back 57

Electronic exchanges of information between two covered-entity business partners using HIPAA-mandated transaction standards.

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criminal law

Back 58

Law that involves crimes against the state.

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critical thinking

Back 59

The ability to think analytically, using fewer emotions and more rationality.

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curative care

Back 60

Treatment directed toward curing a patient's disease.

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cybermedicine

Back 61

A form of telemedicine that involves direct contact between patients and physicians over the Internet, usually for a fee.

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damages

Back 62

Monetary awards sought by plaintiffs in lawsuits.

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defendant

Back 63

The person or party against whom criminal or civil charges are brought in a lawsuit.

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de-identify

Back 64

To remove all information that identifies patients from health care transactions.

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denial

Back 65

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

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deontological (or duty-oriented) theory

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Focuses on the essential rightness or wrongness of an act, not the consequences of the act.

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deposition

Back 67

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

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designated record set

Back 68

Records maintained by or for a HIPAA-covered entity.

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discrimination

Back 69

Prejudiced or prejudicial outlook, action, or treatment.

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dispense

Back 70

To deliver controlled substances in some type of bottle, box, or other container to a patient.

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DNA (deoxyribonucleic acid)

Back 71

The combination of proteins, called nucleotides, that is arranged to make up an organism's chromosomes.

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doctrine of informed consent

Back 72

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

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doctrine of professional discretion

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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.

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do-not-resuscitate (DNR) orders

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Orders written at the request of patients or their authorized representatives that cardiopulmonary resuscitation not be used to sustain life in a medical crisis.

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Drug Enforcement Administration (DEA)

Back 75

A branch of the U.S. Department of Justice that regulates the sale and use of drugs.

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durable power of attorney

Back 76

An advance directive that confers on a designee the authority to make a variety of legal decisions based on the grantor, usually including health care decisions.

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duty of care

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

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duty-oriented (or deontological) theory

Back 78

Focuses on the essential rightness or wrongness of an act, not the consequences of the act.

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e-health

Back 79

Term used for the use of the Internet as a source of consumer information about health and medicine.

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electronic data interchange (EDI)

Back 80

The use of uniform electronic protocols to transfer business information between organizations via computer networks.

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electronic health record (EHR)

Back 81

Contains the same information as any medical record, but in electronic form.

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electronic transmission

Back 82

The sending of information from one network-connected computer to another.

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emancipated minors

Back 83

Individuals in their mid- to late teens who legally live outside their parents' or guardians' control.

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employment-at-will

Back 84

A concept of employment whereby either the employer or the employee can end the employment at any time, for any reason.

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encryption

Back 85

The scrambling or encoding of information before sending it electronically.

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endorsement

Back 86

The process by which a license may be awarded based on individual credentials judged to meet licensing requirements in a new state.

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epigenetics

Back 87

The study of changes in gene activity that do not involve alterations to the genetic code, but are still passed down to at least one successive generation.

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ethics

Back 88

Standards of behavior, developed as a result of one's concept of right and wrong.

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ethics committee

Back 89

Committee made up of individuals who are involved in a patient's care, including health care practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases.

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ethics guidelines

Back 90

Publications that detail a wide variety of ethical situations that professionals (in this case, health care practitioners) might face in their work and offer principles for dealing with the situations in an ethical manner.

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etiquette

Back 91

Standards of behavior considered to be good manners among members of a profession as they function as individuals in society.

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executive order

Back 92

A rule or regulation issued by the president of the United States that becomes law without the prior approval of Congress.

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expressed contract

Back 93

A written or oral agreement in which all terms are explicitly stated.

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Fair Debt Collection Practices Act (FDCPA)

Back 94

A federal statute prohibiting certain unfair and illegal practices by debt collectors and creditors. It prohibits certain methods of debt collection, including harassment, misrepresentation, threats, dissemination of false information about the debtor, and engagement in unfair or illegal practices in attempting to collect a debt.

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Federal False Claims Act

Back 95

A law that allows for individuals to bring civil actions on behalf of the U.S. government for false claims made to the federal government, under a provision of the law called qui tam (from Latin meaning “to bring an action for the king and for oneself”).

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federal preemption

Back 96

A doctrine that can bar injured consumers from suing in state court when the products that hurt them had met federal standards.

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federalism

Back 97

The sharing of power among national, state, and local governments.

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felony

Back 98

An offense punishable by death or by imprisonment in a state or federal prison for more than one year.

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fiduciary duty

Back 99

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

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firewall

Back 100

Hardware, software, or both designed to prevent unauthorized persons from accessing electronic information.

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Food and Drug Administration (FDA)

Back 101

A federal agency within the Department of Health and Human Services that oversees drug quality and standardization and must approve drugs before they are released for public use.

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forensics

Back 102

A division of medicine that incorporates law and medicine and involves medical issues or medical proof at trials having to do with malpractice, crimes, and accidents.

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fraud

Back 103

Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights.

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gatekeeper physician

Back 104

The primary care physician who directs the medical care of HMO members.

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gene

Back 105

A tiny segment of DNA found on a chromosome in a cell. Each gene holds the formula for making a specific enzyme or protein.

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gene therapy

Back 106

The insertion of a normally functioning gene into cells in which an abnormal or absent element of the gene has caused disease.

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General Duty Clause

Back 107

A section of the Hazard Communication Standard that states that any equipment that may pose a health risk must be specified as a hazard.

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genetic counselor

Back 108

An expert in human genetics who is qualified to counsel individuals who may have inherited genes for certain diseases or conditions.

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genetic discrimination

Back 109

Differential treatment of individuals based on their actual or presumed genetic differences.

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genetic engineering

Back 110

Manipulation of DNA within the cells of plants and animals, through synthesis, alteration, or repair, to ensure that certain harmful traits will be eliminated in offspring and that desirable traits will appear and be passed on.

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genetics

Back 111

The science that accounts for natural differences and resemblances among organisms related by descent.

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genome

Back 112

All the DNA in an organism, including its genes.

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genometrics

Back 113

The science of determining how genes cause the expression of certain traits in individuals.

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Good Samaritan acts

Back 114

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.

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gross domestic product (GDP)

Back 115

America's total value for all goods and services produced.

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group practice

Back 116

A medical management system in which a group of three or more licensed physicians share their collective income, expenses, facilities, equipment, records, and personnel.

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Hazard Communication Standard (HCS)

Back 117

An OSHA standard intended to increase health care practitioners' awareness of risks, to improve work practices and appropriate use of personal protective equipment, and to reduce injuries and illnesses in the workplace.

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Health Care and Education Reconciliation Act (HCERA)

Back 118

Enacted in 2010, a federal law that added to regulations imposed on the insurance industry by the Patient Protection and Affordable Care Act.

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Healthcare Integrity and Protection Data Bank (HIPDB)

Back 119

A national health care fraud and abuse data collection program established by HIPAA for the reporting and disclosure of certain adverse actions taken against health care providers, suppliers, or practitioners.

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health care practitioners

Back 120

Those who are trained to administer medical or health care to patients.

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health care proxy

Back 121

A durable power of attorney issued for purposes of health care decisions only.

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Health Care Quality Improvement Act (HCQIA) of 1986

Back 122

A federal statute passed to improve the quality of medical care nationwide. One provision established the National Practitioner Data Bank.

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health information technology (HIT)

Back 123

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.

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Health Insurance Portability and Accountability Act (HIPAA) of 1996

Back 124

A federal law passed in 1996 to protect privacy and other health care rights for patients. The act helps workers keep continuous health insurance coverage for themselves and their dependents when they change jobs, and protects confidential medical information from unauthorized disclosure and/or use. It was also intended to help curb the rising cost of health care fraud and abuse.

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health maintenance organization (HMO)

Back 125

A health plan that combines coverage of health care costs and delivery of health care for a prepaid premium.

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heredity

Back 126

The process by which organisms pass on genetic traits to their offspring.

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heterologous artificial insemination

Back 127

The process in which donor sperm is mechanically injected into a woman's vagina to fertilize her eggs.

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Hippocratic oath

Back 128

A pledge for physicians, developed by the Greek physician Hippocrates circa 400 B.C.E.

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homologous artificial insemination

Back 129

The process in which a husband's sperm is mechanically injected into his wife's vagina to fertilize her eggs.

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hospice

Back 130

A facility or program (often carried out in a patient's home) in which teams of health care practitioners and volunteers provide a continuing environment that focuses on the emotional and psychological needs of the dying patient.

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Human Genome Project

Back 131

A scientific project funded by the U.S. government, begun in 1990 and successfully completed in 2000, for the purpose of mapping all of a human's genes. This Web site is an excellent resource: www.ornl.gov/sci/techresources/Human_Genome/home.shtml.

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implied contract

Back 132

An unwritten and unspoken agreement whose terms result from the actions of the parties involved.

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implied limited contract

Back 133

A contract created when a physician or other health care worker treats a patient in an emergency situation. The agreement does not extend to the relationship after the emergency ends.

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indemnity

Back 134

A traditional form of health insurance that covers the insured against a potential loss of money from medical expenses resulting from an illness or accident.

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individual (or independent) practice association (IPA)

Back 135

A type of HMO that contracts with groups of physicians who practice in their own offices and receive a per-member payment (capitation) from participating HMOs to provide a full range of health services for HMO members.

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infertility

Back 136

The failure to conceive for a period of 12 months or longer due to a deviation from or interruption of the normal structure or function of any reproductive part, organ, or system.

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intentional tort

Back 137

A civil wrong committed against a person or property, excluding breach of contract.

Hint 137

See Tort

Front 138

interrogatory

Back 138

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

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in vitro fertilization (IVF)

Back 139

Fertilization that takes place outside a woman's body, literally, “in glass,” as in a test tube.

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involuntary euthanasia

Back 140

The act of ending a terminal patient's life by medical means without his or her permission.

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jurisdiction

Back 141

The power and authority given to a court to hear a case and to make a judgment.

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just cause

Back 142

An employer's legal reason for firing an employee.

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justice

Back 143

What is due an individual.

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law

Back 144

Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.

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law of agency

Back 145

The law that governs the relationship between a principal and his or her agent.

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legal precedents

Back 146

Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by legislation.

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liability insurance

Back 147

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

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liable

Back 148

Legally responsible or obligated

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libel

Back 149

Expressing through publication in print, writing, pictures, or signed statements that injure the reputation of another.

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licensure

Back 150

A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors.

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life expectancy

Back 151

The number of years an individual can expect to live, calculated from his or her birth.

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life span

Back 152

The number of years an individual actually lives.

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limited data set

Back 153

Protected health information from which certain specified, direct identifiers of individuals have been removed.

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litigious

Back 154

Prone to engage in lawsuits.

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living will

Back 155

An advance directive that specifies an individual's end-of-life wishes.

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malfeasance

Back 156

The performance of a totally wrongful and unlawful act.

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managed care

Back 157

A system in which financing, administration, and delivery of health care are combined to provide medical services to subscribers for a prepaid fee.

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mature minors

Back 158

Individual in their mid- to late teens, who, for health care purposes, are considered mature enough to comprehend a physician's recommendations and give informed consent.

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medical boards

Back 159

Bodies established by the authority of each state's medical practice acts for the purpose of protecting the health, safety, and welfare of health care consumers through proper licensing and regulation of physicians and other health care practitioners.

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medical ethicists

Back 160

Specialists who consult with physicians, researchers, and others to help them make difficult ethical decisions regarding patient care.

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medical examiner

Back 161

A physician who investigates suspicious or unexplained deaths.

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medical management

Back 162

The management of patient care and populations.

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medical practice acts

Back 163

State laws written for the express purpose of governing the practice of medicine.

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medical record

Back 164

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

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Medical Waste Tracking Act

Back 165

The federal law that authorizes OSHA to inspect hazardous medical wastes and to cite offices for unsafe or unhealthy practices regarding these wastes.

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mentally incompetent

Back 166

Unable to fully understand all the terms and conditions of a transaction, and therefore unable to enter into a legal contract.

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minimum necessary

Back 167

Term referring to the limited amount of patient information that may be disclosed, depending on circumstances.

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minor

Back 168

Anyone under the age of majority: 18 years in most states, 21 years in some jurisdictions.

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misdemeanor

Back 169

A crime punishable by fine or by imprisonment in a facility other than a prison for less than one year.

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misfeasance

Back 170

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

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moral values

Back 171

One's personal concept of right and wrong, formed through the influence of the family, culture, and society.

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multipotent stem cells

Back 172

Stem cells that can become a limited number of types of tissues and cells in the body.

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mutation

Back 173

A permanent change in DNA.

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mutual assent

Back 174

An understanding and consent to the terms of an agreement by both parties for the contract to be legally valid.

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National Childhood Vaccine Injury Act

Back 175

A federal law passed in 1986 that created a no-fault compensation program for citizens injured or killed by vaccines, as an alternative to suing vaccine manufacturers and providers.

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National Vaccine Injury Compensation Program (VICP)

Back 176

A no-fault federal system of compensation for individuals or families of individuals injured by childhood vaccination.

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National Organ Transplant Act

Back 177

Passed in 1984, a statute that provides grants to qualified organ procurement organizations and established an Organ Procurement and Transplantation Network (OPTN).

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National Practitioner Data Bank (NPDB)

Back 178

A repository of information about health care practitioners, established by the Health Care Quality Improvement Act of 1986.

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needs-based motivation

Back 179

Human behavior is based on specific human needs that must often be met in a specific order. Abraham Maslow is the best-known psychologist for this theory.

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negligence

Back 180

An unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would not or would have done in similar circumstances.

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nonfeasance

Back 181

The failure to act when one should.

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nonmaleficence

Back 182

As paraphrased from the Hippocratic oath, means the duty to “do no harm.”

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Notice of Privacy Practices (NPP)

Back 183

A written document detailing a health care provider's privacy practices.

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Occupational Exposure to Bloodborne Pathogen Standard

Back 184

An OSHA regulation designed to protect health care workers from the risk of exposure to bloodborne pathogens.

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Occupational Safety and Health Administration (OSHA)

Back 185

Established by the Occupational Safety and Health Act, the organization that is charged with writing and enforcing compulsory standards for health and safety in the workplace.

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occurrence insurance

Back 186

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.

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open access plan

Back 187

A managed care feature whereby subscribers may see any in-network health care provider without a referral.

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palliative care

Back 188

Treatment of a terminally ill patient's symptoms to make dying more comfortable; also called comfort care.

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parens patriae

Back 189

A legal doctrine that gives the state the authority to act in a child's best interest.

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partnership

Back 190

A form of medical practice management system whereby two or more parties practice together under a written agreement specifying the rights, obligations, and responsibilities of each partner.

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passive euthanasia

Back 191

The act of allowing a patient to die naturally, without medical interference.

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Patient Protection and Affordable Care Act (PPACA)

Back 192

A federal law enacted in 2010, to expand health insurance coverage and otherwise regulate the health insurance industry. Many provisions of the law were scheduled to take effect in 2014 and 2015.

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Patient Self-Determination Act

Back 193

A federal law passed in 1990 that requires hospitals and other health care providers to provide written information to patients regarding their rights under state law to make medical decisions and execute advance directives.

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permissions

Back 194

Reasons under HIPAA for disclosing patient information.

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persistent vegetative state (PVS)

Back 195

Severe mental impairment characterized by irreversible cessation of the higher functions of the brain, most often caused by damage to the cerebral cortex.

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personalized medicine

Back 196

The products and services that leverage the science of genomics and proteomics and capitalize on the trends toward wellness and consumerism to enable tailored approaches to prevention and care.

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pharmacogenomics

Back 197

The science that defines how individuals are genetically programmed to respond to drugs.

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physician-hospital organization (PHO)

Back 198

A health care plan in which physicians join with hospitals to provide a medical care delivery system and then contract for insurance with a commercial carrier or an HMO.

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plaintiff

Back 199

The person bringing charges in a lawsuit.

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pluripotent stem cells

Back 200

Stem cells that can become almost all types of tissues and cells in the body.

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point-of-service (POS) plan

Back 201

A health care plan that allows members to seek health care from nonnetwork physicians but pays the highest benefits for care when it is given by the primary care physician (PCP) or via a referral from the PCP.

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precedent

Back 202

Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by a legislature; also known as case law.

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preferred provider organization (PPO)

Back 203

A network of independent physicians, hospitals, and other health care providers who contract with an insurance carrier to provide medical care at a discount rate to patients who are part of the insurer's plan. Also called preferred provider association (PPA).

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prescribe

Back 204

To issue a medical prescription for a patient.

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primary care physician (PCP)

Back 205

The physician responsible for directing all of a patient's medical care and determining whether the patient should be referred for specialty care.

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principle of utility

Back 206

Requires that the rule used to make a decision bring about positive results when generalized to a wide variety of situations.

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privacy

Back 207

Freedom from unauthorized intrusion.

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prior acts insurance coverage

Back 208

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

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privileged communication

Back 209

Information held confidential within a protected relationship.

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procedural law

Back 210

Law that defines the rules used to enforce substantive law.

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prosecution

Back 211

The government as plaintiff in a criminal case.

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protected health information (PHI)

Back 212

Information that contains one or more patient identifiers.

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proteomics

Back 213

The study of the proteins that genes create or “express.”

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protocol

Back 214

A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office.

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public policy

Back 215

The common law concept of wrongful discharge when an employee has acted for the “common good.”

Front 216

quality

Back 216

The degree of excellence of health care services offered.

Front 217

quality assurance

Back 217

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

Hint 217

See quality improvement (QI)

Front 218

quality improvement (QI)

Back 218

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

Hint 218

See quality assurance

Front 219

reasonable person standard

Back 219

That standard of behavior that judges a person's actions in a situation according to what a reasonable person would or would not do under similar circumstances.

Front 220

reciprocity

Back 220

The process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination.

Front 221

registration

Back 221

A credentialing procedure whereby one's name is listed on a register as having paid a fee and/or met certain criteria within a profession.

Front 222

release of tortfeasor

Back 222

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 223

res ipsa loquitur

Back 223

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 224

res judicata

Back 224

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 225

respondeat superior

Back 225

Literally, “let the master answer.” A doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees' duties.

Front 226

revocation

Back 226

The cancellation of a professional license.

Front 227

right-to-know laws

Back 227

State laws that allow employees access to information about toxic or hazardous substances, employer duties, employee rights, and other workplace health and safety issues.

Front 228

risk management

Back 228

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

Front 229

role fidelity

Back 229

All health care practitioners have a specific scope of practice, for which they are licensed, certified, or registered, and from which the law says they may not deviate.

Front 230

rule

Back 230

A document that includes the HIPAA standards or requirements.

Front 231

safe haven laws

Back 231

State laws that allow mothers to abandon newborns to designated safe facilities without penalty.

Front 232

self-determination (or autonomy)

Back 232

The word autonomy comes from the Greek words auto (self) and nomos (governance). It is generally understood as the capacity to be one's own person, to make decisions based on one's own reasons and motives, not manipulated or dictated to by external forces

Hint 232

See autonomy.

Front 233

self-insurance coverage

Back 233

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

Front 234

Smallpox Emergency Personnel Protection Act (SEPPA)

Back 234

A no-fault program to provide benefits and/or compensation to certain individuals, including health care workers and emergency responders, who are injured as the result of the administration of smallpox countermeasures, including the smallpox vaccine.

Front 235

sole proprietorship

Back 235

A form of medical practice management in which a physician practices alone, assuming all benefits and liabilities for the business.

Front 236

stakeholders

Back 236

Those who have a vested interest in the health care industry in the United States, and in any efforts to reform the industry.

Front 237

standard

Back 237

A general requirement under HIPAA.

Front 238

standard of care

Back 238

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

Front 239

State Children's Health Initiative Program (SCHIP)

Back 239

A program enacted by the Balanced Budget Act of 1997 to help low-income children under 19 who are not covered by Medicaid.

Front 240

state preemption

Back 240

If a state's privacy laws are stricter than HIPAA privacy standards, state laws take precedence.

Front 241

statute of frauds

Back 241

State legislation governing written contracts.

Front 242

statute of limitations

Back 242

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

Front 243

statutory law

Back 243

Law passed by the U.S. Congress or state legislatures.

Front 244

stem cells

Back 244

Cells that have the potential to become any type of body cell.

Front 245

subpoena

Back 245

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

Front 246

subpoena duces tecum

Back 246

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

Front 247

substantive law

Back 247

The statutory or written law that defines and regulates legal rights and obligations.

Front 248

summary judgment

Back 248

A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial.

Front 249

summons

Back 249

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 250

surety bond

Back 250

A type of insurance that allows employers, if covered, to collect up to the specified amount of the bond if an employee embezzles or otherwise absconds with business funds.

Front 251

surrogate mother

Back 251

A woman who becomes pregnant, usually by artificial insemination or surgical implantation of a fertilized egg, and bears a child for another woman.

Front 252

tail coverage

Back 252

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 253

technical defenses

Back 253

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

Front 254

telemedicine

Back 254

Remote consultation by patients with physicians or other health professionals via telephone, closed-circuit television, or the Internet.

Front 255

teleological (or consequence-oriented) theories

Back 255

Consequence-oriented or teleological theories judge the rightness of a decision based on the outcome or predicted outcome of the decision.

Hint 255

See consequence-oriented (or teleological) theories.

Front 256

terminally ill

Back 256

Referring to patients who are expected to die within six months.

Front 257

tertiary care settings

Back 257

Those care settings providing highly specialized services.

Front 258

testimony

Back 258

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

Front 259

thanatology

Back 259

The study of death and of the psychological methods of coping with it.

Front 260

third-party payer contract

Back 260

A written agreement signed by a party other than the patient who promises to pay the patient's bill.

Front 261

tort

Back 261

A civil wrong committed against a person or property, excluding breach of contract.

Front 262

tortfeasor

Back 262

The person guilty of committing a tort.

Front 263

transaction

Back 263

Transmission of information between two parties for financial or administrative activities.

Front 264

treatment, payment, and health care operations (TPO)

Back 264

A HIPAA term for qualified providers, disclosure of PHI to obtain reimbursement, and activities and transactions among entities. Treatment means that a health care provider can provide care; payment means that a provider can disclose PHI to be reimbursed; health care operations refers to HIPAA-approved activities and transactions.

Front 265

Unborn Victims of Violence Act

Back 265

Also called Laci and Conner's Act, a federal law passed in 2004 that provides for the prosecution of anyone who causes injury to or the death of a fetus in utero.

Front 266

Uniform Anatomical Gift Act

Back 266

A national statute allowing individuals to donate their bodies or body parts, after death, for use in transplant surgery, tissue banks, or medical research or education.

Front 267

Uniform Determination of Death Act

Back 267

A proposal that established uniform guidelines for determining when death has occurred.

Front 268

Uniform Rights of the Terminally Ill Act

Back 268

A federal statute passed in 1989 to guide state legislatures in constructing laws to address advance directives.

Front 269

unintentional tort

Back 269

A civil wrong committed against a person or property, excluding breach of contract.

Hint 269

See tort.

Front 270

utilitarianism

Back 270

A person makes value decisions based on results or a rule that will produce the greatest balance of good over evil, everyone considered.

Front 271

veracity

Back 271

Truth telling.

Front 272

verification

Back 272

The requirement under HIPAA to verify any request as legitimate before protected health information is released.

Front 273

virtue ethics

Back 273

Focuses on the traits, characteristics, and virtues that a moral person should have.

Front 274

vital statistics

Back 274

Numbers collected for the population of live births, deaths, fetal deaths, marriages, divorces, induced terminations of pregnancy, and any change in civil status that occurs during an individual's lifetime.

Front 275

void

Back 275

Without legal force or effect.

Front 276

voidable

Back 276

Able to be set aside or to be revalidated at a later date.

Front 277

voluntary euthanasia

Back 277

The act of ending a patient's life by medical means with his or her permission.

Front 278

workers' compensation

Back 278

A form of insurance established by federal and state statutes that provides reimbursement for workers who are injured on the job.

Front 279

wrongful death statutes

Back 279

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 280

wrongful discharge

Back 280

A concept established by precedent that says an employer risks litigation if he or she does not have just cause for firing an employee.

Front 281

xenotransplantation

Back 281

Transplantation of animal tissues and organs into humans.