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53 Cards in this Set

  • Front
  • Back
A person with the legal right to speak/act on behalf of another. The person is legally responsible for the actions and/or statements made by the agent on his behalf.
AGENT
The breaking or violating of a law, promise, contract or duty.
BREACH
The laws of a state or nation which deal with the enforcement of civil rights. Disputes between citizens; violation of rights by one person to another
Civil Law
Unwritten law that is based on customs or court decisions.
Common Law
A relationship in which one cannot reveal information given to him by another without the express consent (permission) of the other, unless required by law.
Confidential Relationship
Laws that pertain to crime and it's punishments.
Criminal Law
"The Law of Agency" - The doctor is principle; you are his agent.
Doctrine of Respondeat Superior
A set of behavioral/moral standards formed by a particular group or profession which attempts to govern the actions or behavior of the members of that group.
Ethics
A crime more serious than a misdemeanor.
Felony
Laws exempting physicians and other medical professionals from liability for treatment given in accident cases.
Good Samaritan Law
Group established by the local medical society who hear and investigate complaints about physicians in the area regarding professional care or excessive fees charged.
Grievance Committee
To give consent by inference or action but without the express statement.
Implied Consent
To give consent, having full knowledge of the matter at hand and the dangers that may be involved (written).
Informed Consent
State laws which govern the methods and requirements in gaining a license to practice medicine. Includes what a physician can practice in his field(specialty) and grounds for suspension or revocation of license.
Medical Practice Acts
The relative incidence of disease.
Morbidity
Ten section code condensed by the AMA in 1957 to aid the physician to individually and collectively maintain a high level of ethical conduct.
Principles of Medical Ethics
The acceptance of one state's standards as at least equal to or superior to their own.
Reciprocity
The cancellation or summoning back of a license/act.
Revocation
Any written law.
Statute
A civil wrong. (malpractice, liability, slander)
Tort
ethics
set of moral standards, not laws
bioethics
moral issues that arise as a result of science and technology
law
rule enforced by a governing authority
professional courtesy
based on customs and courtesies shown to other professionals, involves discounts or waiver of fees. Physician decides who receives.
Hippocrates
Greek physician
wrote the hippocratic oath
considered the "Father of Medicine
Thomas Percival
English physician
Wrote the fist official code of ethics for physicians
Principles of Medical Ethics
current document with ethical guidelines for physicians
1847, AMA wrote, has 4 sections
Ethical distress
a certain course of action is indicated but something hinders the action, you know the right thing to do but for some reason you can not do it.
Ethical dilemmas
two or more choices are acceptable/correct but doing one precludes doing another, you will make good choice but somethng of value will be lost by not doing the 2nd choice"caught betwn rock and a hard place"
Dilemmas of justice
choices regarding who receives benefits and in what proportion. Organ donations and distribution of scarce or pricey meds.
locus of authority issues
two or more authority figures with their own ideas of how a situation should be handled, but only one will prevail. 1 physician feels a patient needs surgery & the other does not.
5 components of ethical decision making process
1. Gather relevant information
2. i.d. the type of ethical problem
3. determine the type of ethics to use
4. explore the practical alternatives
5. complete the action
Euthanasia
removing life support when no evidence of biologic life
CANNOT be decision of the physican. Ethical dilemma.
AMA does not approve of physician participation
advanced medical directives
used with Durable Power of Attorney in Advance Health Care (DPAHC)
Durable power of attorney
a)Term used for the instructions of HC prior to becoming incapacitated
b)Fed. Law required that Medicare/Medicade patient be given this information.
Clinical trial and investigations
a)physician must follow systematic program with due concern for the welfare, safety, and comfort of the patient, whether they run the study or refer pt to another physician.
b)AMA recognized the value of trials, may be some neg. effects.
c)Voluntary, must have written consent.
Interprofessional relationships
1. physicians are free to choose who they want to treat
2. Can refuse anyone
3. Notification to established pt is necessary , letter of withdrawl, not w/i crisis, availibility of another physician
physicain can be charged w/ abandonment
letter of withdrawl
interprofessional relationships
3. Notification to established pt is necessary, not w/i crisis,
availibility of another physician should be concidered
physician can be charged w/ abandonment
Errors in Physician orders
MAA is ethically obligated to notify the Physician
Physician refererring pt
should only refer when they are sure pt will receive competent tx
"News in the public domain"
information considered public record
Physicians can release information
only Physician can release info considered public knowledge
name, address, age, sex, maritial status, employer, occupation, next of kin, names of parents
More info Physicians can release
nature of accident
diagnosis and prognosis
pt general condition
not allowed to give specifics - lab findings , xrays or autopsy reports
Fees and charges
charging for missed appts is okay with pt prior knowledge
shoudl be reasonable /never excessive
unethical to charge for admitting pt to hospital
inital insurance forms should be free but can charge for subsequent
Fee splitting
fee splitting is unethical
occurs when a physician accepts $ from another physician, lab, or drug company, solely for referral
both parties are guilty of unethical behavior
Advertising
Must be factual info only, and not misleading
testimonials from others regarding quality of care should not used, they are subjective and can be misleading
Ghost surgery
unethical
is substitution of one physician for another w/o pt consent
pt has the right to choose their physician
Medical records
considered physicians property
(or clinic, hospital)
confidential
needs permission to release info unless required by law
otherwise it is a breach of confidentiality or invasion of privacy
Required by law to report
communicable dieseases
animal bites
violent wounds
suspected abuse
drug abuse
any plastic surgery that changed pt fingerprints , or indicates pt is fugitive of justice
if physician dies, moves, or retires, pt must consent to have records tranferred
More on required by law to report
if pt cannot be reached the records cannot be thrown away, they must be stored or destroyed
(burned or shredded)
Must be transferred if requested
Medicaid or Medicare pt records must by kept for 5 years
generally records should be kept indefintely - re; statue of limitations
Know about the Scope of practice
a.guidelines that designate the limitations of your practice as a HCP. Stay within the limits of your practice.
AAMA(American Assoc. of Medical Assist.) Creed
I believe in the principles and purposes of the profession of medical assisting.
I endeavor to be more effective.
I aspire to render greater service.
I protect the confidence entrusted to me.
I am dedicatged to the care and well-being of all people.
I am loyal to my employer.
I am true to the ethics of my prof.
I am strengthened by compassion, courage, and faith.
AAMA Code of Ethics.
The code of Ethics of AAMS shall set forth principles of ethical and moral conduct as they relate to the medical profession and the particular conduct as they relate to the medical prof. and the particular practice of medical assisting. Members of the AAMA dedicated to the conscientious pursuit of their prof. and thus desiring to merit the high regard of the entire medical prof. and the respect of the general public which they serve, do pledge to strive to always :
a)render service with full respect for the diginity of humanity;
b)respect confidential information obtained through employment unless legally authorized or required by responsible performances of duty to divulge such info.;
c)uphole the honor and high principles of the profession and accept its disciplines;
d)seek to continually improve the knowledge and skills of medical assistants for the benefit of patients and professional colleagues;
e)participate in additional service activities aimed toward improving the health and well-being of the c