Med Law Midterm

rules or actions prescribed by a government authority that have a binding legal force

relates to morals, principles, and judgment; uses reason and logic to analyze problems

concerns issues related to practice of medicine

regulate how medicine is practiced in each state, provide legal definition for the practice of medicine, list requirements and methods for licensure, defines what is unprofessional conduct

greatest good for the greatest number of people 

emphasis on individual rights

focuses on performing duty 

based on a “veil of ignorance” to allow decision-makers to be impartial in their decisions

emphasis on people, not on decisions or principles involved

1. Is it legal, 2. Is it balanced, 3. How does it make me feel

the ability to understand the feelings of others without actually experiencing the pain or distress that a person is going through

unwelcomed sexual advances or requests for sexual favors 

the practical application of moral standards to the conduct of individuals involved in organizations 

also known as pay equity, the theory that extends equal pay requirements

addresses relationship between individuals and their government 

passed by legislative bodies, either congress or state legislature

established from court decisions, based on precedent 

concerns relationships between individuals, businesses, and government, will award monetary damages, includes tort law, and medical malpractice and contract law

civil injury or wrongful act, committed against another person or property, results in harm 

assault, battery, false imprisonment, defamation of character, fraud, invasion of privacy

negligence

addresses breach or neglect of legally binding agreement between two parties 

agreement entered into orally or in writing 

agreement shown through inference by signs, inaction, or silence

withdrawing medical care from a patient without providing sufficient notice 

either party fails to comply with terms of the agreement 

filed by one or more people on behalf of a larger group of people

protects public from harmful acts of others

may result when two parties are unable to solve a dispute by themselves 

the person or institution who brings an action into litigation 

the person or institution who is being sued 

court order to appear in court and bring records

making false or malicious statements about another person 

imminent apprehension of bodily harm

bodily harm and unlawful touching 

district courts, court of appeals, supreme court

an approval or sanction 

cooperation of one state in granting license to practice medicine to a physician already licensed in another state 

graduate from accredited school and pass national exam of competency 

meet standards set by accreditation body and pass national exam of competency 

information to a patient that a reasonable person may want, also called the “reasonable person standard”, physician must provide diagnosis, risks and expected benefits of treatment, alternative treatments, prognosis, cost and expected pain

a federal law that gives all patients right to have privacy respected and records help confidential 

period of time a patient has to file a lawsuit 

state laws help protect health care professionals and ordinary citizen from liability while giving care in emergency 

employer liable for acts of employee within scope of employment 

provides accreditation for different medical related programs 

offers a wide range of services to members for a predetermined fee by a limited group of providers 

patient must use a medical provider who is under contract with the insurer for an agreed-upon fee 

health care coverage for elderly or seriously disabled or with end stage renal disease or other debilitating ailments, regardless of wealth or income

a joint federal state program that offers financial assistance to insure poor and indigent 

business run by individual to whom franchisor grants exclusive right to market product or service in certain market area 

employees may have a moral or religious objection to assisting with certain procedures 

a primary care physician or insurance company that approves all patient referrals and nonemergency services, hospitalizations, or tests

a hospital payment system that classifies each medicare patient by illness

when a physician practices alone

a legal agreement to share in the business operation of a medical practice 

a legal agreement in which physicians agree to share a facility and staff by not profits and losses 

consists of three or more physicians who share the same facility and practice together 

both patient and physician must agree to form relationship for there to be contract for services 

both patient and physician must agree to form relationship for there to be contract for services 

select patients, refuse service, determine type of service, to be paid, withdraw from relationships, and take vacations

all patients are entitled to have privacy respected and medical records handled confidentially 

not taking patients if they are indigent or just lack medical insurance 

a physician may be charged with it if formal notice of withdrawal is not given 

fails or refuses to cooperate 

unable to provide for own needs, status is decided by court of law 

confidential information told to a physician or attorney by a patient 

person under the age of 18 

person assigned by court to stand in place of parents 

state takes over care for a minor 

patient indicates by behavior that he or she accepts procedure 

patient indicates by behavior that he or she accepts procedure 

professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient 

unintentional action that occurs when a person performs or fails to perform an action that a reasonable person would or would not have committed in a similar situation 

performing a wrong or illegal act 

improperly performing an otherwise proper or lawful act 

failure to perform a necessary action 

one side must demonstrate a greater weight of evidence than the other side 

means “the thing speaks for itself” 

court awarded payment to make up for loss of income or emotional pain and suffering

monetary awarded by court to person harmed in malicious and willful way; meant to punish offender 

Slight or token payment awarded by court 

deliberate misrepresentation or concealment of facts from another person for unlawful or unfair gain 

employer lends an employee to someone else 

means “the thing has been decided” 

settling dispute without judge; decision is binding 

opinion of third party for non-binding decision 

a physician must sign certificate of live birth 

public health officer hold inquest if death from unknown or violent cause 

physician who investigates unexplained deaths and can perform autopsy 

examination after death to determine cause of death 

diseases transmitted from one person to another; considered a threat to public 

childhood vaccines required by law 

only those with a DEA number may issue prescriptions for narcotics 

require triplicate form, cannot be refilled 

confidential counseling and referral service for employees and their families