Medical Law and Ethics Final Exam Review Newest Update 2025

What is Civil Law - -concerns relationships either between individuals or between individuals and the government, an individual can sue another person, a business, or the government, include divorces, child custody, auto accidents, slander, and trespassing What is Criminal Law - -are made to protect the public as a whole from the harmful acts of others, a criminal act is one in which a person or institution commits an illegal act or a failure to act Legislative Branch - -referred to as Congress, is the lawmaking body, composed of members of the Senate and House or Representatives and is responsible for passing legislation into laws Executive Branch - -administers and enforces the law, consisting of the President of the US, his cabinet, and various advisors Judicial Branch - -interprets the laws, consisting of judges and the federal courts, including the Supreme Court Contract Law - -breach, or neglect, of a legally binding agreement between two parties Expressed Contract or Consent - -is an agreement that clearly states all the terms, it can be entered into orally or in writing, the physician either makes you sign a contract or tells you orally Implied Contract or Consent - -is one in which is shown through inference by signs, inaction, or silence, ex. patient reaching their arm out so you can take their BP while the MA is obtaining the BP cuff Termination of the Contract - -a breach of contract occurs when either party fails to comply with the terms of the agreement What are the 7 torts - -Assault, Battery, False Imprisonment, Defamation of Character, Fraud, Invasion of Privacy, and Embezzlement Information included in a patients Medical Record - -personal patient information, full name, address, telephone number, date of birth, martial status, employer, and insurance information MEDICAL LAW MEDICAL LAW Felony - -carries a punishment of death or imprisonment in a state or federal prison for more than one year; murder, rape, sodomy, robbery, larceny, arson, burglary, tax evasion, and practicing medicine without a license Misdemeanor - -less serious offense, carries a punishment of fines or imprisonment in jail for up to one year; traffic violations, disturbing the peace, and minor theft What two categories do Criminal Acts fall under; the main two laws - -felony and misdemeanors Double-Blind Test - -neither the experimenter nor the patient know who is getting the research treatment, this considered to be an objective means of gathering test data because it eliminates any bias, or preference, the researcher may have towards a specific research method or treatment; EX: giving three men pills to help with hair growth on their heads but only one out of the three actually receives the medication, most of the time the physician does not know who was given the actual medication for treatment, only the tester does Expulsion - -(being forced out) or suspension of a physician from membership in the medical association, physicians who are accused of unethical behavior or conduct in violation of these standards can be issued a warning or censure by the AMA but not all physicians belong to the AMA Nontherapeutic Research - -research that will not directly benefit the research subject/patient, the justification for all medical research is that the benefit must outweigh the risk; human beings cannot be used for testing purposed unless they consent to participate Posthumous - -(after death) use of their organs through some type of written document, including a donor card; falls under the Uniform Anatomical Gift Act permitting competent adults to either allow or forbid giving organs of the dead Revocation - -(taking away) of the physicians license, if some alleges, or declares without proof, that a physician has committed a criminal act, the AMA is required to report it to the state licensing board or governmental agency; violations of the law, followed by a convection for the crime can also result into fines and imprisonment Social Utility Method of Allocation - -based on careful screening and matching of the donor with the recipient to determine if there is a strong chance of the recipient's survival; one basis for determining the allocation of organs is to give them to patients who will benefit the most Therapeutic Research - -form of medical research that may directly benefit the subject/patient; patients must sign an Informed Consent form and the patient must be informed about all the risks involved with the research subject/patient MEDICAL LAW MEDICAL LAW What is AAPT - -American Association Pharmacy Technicians What is AAPC - -American Academy of Professional Coders What is AAMA - -American Association Medical Assistants What are the three codes of Ethics - -the Nuremberg, Nurses (ANA), and Medical Assistants AAMA) Who is the father of Medical - -Hippocratic What is a Schedule I Drug - -highest potential for addiction/abuse, not accepted for medical use, may be used for research purposed, Examples would be marijuana, heroin, and LSD; cannot be prescribe What is a Schedule II Drug - -high potential for addiction/abuse, accepted for medical use in USA, Examples would be codeine, cocaine, morphine, opium, and secobarbital; a DEA- licensed physician must complete the required triplicate prescription form in their handwriting, prescriptions must be filled within 7 days and may not be refilled, law requires these drugs to be kept on file for 2 years What is a Schedule III Drug - -moderate-to-low potential for addiction/abuse, Examples would be butabarbital, anabolic steroids, and APC with codeine; A DEA number is not required to prescribe these drugs, but the physician must handwrite the order. 5 refills are allowed during a 6 month period, only the physician may telephone these drugs What is a Schedule IV Drug - -lower potential for addiction/abuse the schedule III drugs, Example would be chloral hydrate, phenobarbitol, and diazepam; the prescription must be signed by the physician, 5 refills are allowed over a 6 month period What is a Schedule V Drug - -low potential for addiction/abuse, Examples would be cough medications containing codeine, and lomotil; inventory records must be maintained on these drugs What is a Health Maintenance Organization (HMO) - -a type of managed care plan in which a range of healthcare services are made available to plan members for a predetermined fee per member, by limited group of providers; use a physician as the primary care physician to manage and control enrolled patients medical care, must have a referral to see a specialist, restricted to certain physicians or hospitals out of network What is a Preferred Provider Organization (PPO) - -a plan in which the patient used medical providers who are under contract with the insurance for an agreed fee in order to receive copayment from the insured; is a fee-for-service program not based on a prepayment or a fixed monthly fee paid to the healthcare provider for proving patient services, members are not restricted to certain designed physicians or hospitals MEDICAL LAW MEDICAL LAW What is are Types of Abuse - -child, elder, spousal, substance What is are Signs of Abuse - -repeated injuries, bruises such as blackened eyes and unexplained swelling, unexplained fractures, bite marks, unusual marks such as cigarette burns, bruising or swelling in the genital area, signs of inadequate nutrition such as sunken eyes and weight loss, venereal disease and genital abrasions and infections, makeup used to hide bruises, and sunglasses worn inside to hide black-eyes How long does the AHIMA require Medical Records to be kept for Adult Patient Records - -10 years after the most recent encounter How long does the AHIMA require Medical Records to be kept for Minor's Health Record - -age of maturity plus statute of limitations How long does the AHIMA require Medical Records to be kept for Fetal Heart Monitor Records - -10 years after infant reaches maturity How long does the AHIMA require Medical Records to be kept for Medicare and Medicaid Records - -5 years How long does the AHIMA require Medical Records to be kept for Register of Birth - permanently How long does the AHIMA require Medical Records to be kept for Register of Death - permanently How long does the AHIMA require Medical Records to be kept for Register of Surgical Procures - -permanently How long does the AHIMA require Medical Records to be kept for Immunization Records - -permanently How long does the AHIMA require Medical Records to be kept for Chemotherapy Records - -permanently What are the Stages of Dying - -denial, anger, bargaining, depression, and acceptance What is a Active Euthanasia - -the intentional killing of the terminally ill, involves a second party directly introducing a lethal dose of medication, such as by injection into the dying person; doing it yourself, intentionally killing of the terminally ill What is a Passive Euthanasia - -allowing a patient to die naturally, is legal everywhere; involves withholding medical interventions that would only serve to sustain the life of the patient and is normally the patients wishes and choice MEDICAL LAW MEDICAL LAW What is a Mercy Killing - -is the action (or inaction) of a second person to help or hasten the death of the person who wishes to die; voluntary euthanasia What is a Empathy - -ability to understand the feelings of others without actually experimenting their pain or distress; acting in this caring way expresses sensitivity to patients or fellow employees feelings What is a Ethics - -is the branch of philosophy related to morals, moral principles, and moral judgments, a more practical explanation from experts tells us that ethical behavior is that which puts the common good above self interest; the obligation of what we "should' or "ought to" do Laws - -are rules or actions prescribed by an authority such as the federal government and the court system that have a binding legal force; medical law addresses legal rights and obligations that affect patients and protect individual rights, inclu