Test Bank - Medical Law and Ethics

ethics branch of philosophy applied ethics practical applications of moral standard laws binding rules determined by authority medical ethics moral conduct to regulate behavior of medical professionals beneficence principles of doing good veil of ignorance justice-based three-step ethics model Kenneth Blanchard and Norman Vincent Peale's approach to ethics R/O rule out a diagnosis gut feeling decision based on emotion A problem that occurs when using a duty-based approach to ethics is? the conflicting opinions regarding what our responsibility is Moral issues that occur as a result of modern medicinal technology are covered under what specific discipline? bioethics When trying to solve an ethical dilemma, it is necessary to... use logic to determine the solution The three-step approach to solving ethical dilemma is based on... asking ourselves... -how our decision would make us feel if we had to explain our actions to a loved one -if the intended action is legal -if the intended action results in a balanced decision A utilitarian approach to solving ethical dilemmas might be used when? allocating a limited supply of donor organs An illegal act is almost always... unethical a practical application of ethics is? applied ethics An employee who is entitled to a fair hearing in the case of a dismissal from a job is an example of? rights-based and justice-based ethics Laws that effect the medical profession... -often overlap with ethics -have a binding force -are determined by a governmental authority Modern laws... -may allow some unethical acts such as lying on job applications -are interpreted by some people to require no ethical responsibility beyond what the law requires medical etiquette standards of professional behavior breach failure deposition oral testimony to be used in court plaintiff person who sues another party defendant person who is being sued felony serious crime such as practicing medicine without a license misdemeanor less serious crime such as a traffic violation waive give up the right to something tort part 1 law that covers harm to another person subpoena order for a person or documents to appear in court Precedent earlier ruling applied to present case Sources of law include all of the following except: executive law Subpoena duces tecum means "under penalty, take with you" Stare decisis means "let the decision stand" Administrative law cover all of the following except All of the above -health department regulations -licensing of prescription drugs -internal revenue service regulations -fraud The person who brings the action into litigation is called a(n) plaintiff A court order that requires a witness to appear in court with certain records is called subpoena duces tecum The common law of the past that is based on a decision made by judges is called case law The threat of doing bodily harm to another person-stating, for example, "If you wont allow us to continue this procedure, we will have to tie your hands" is assault Standard of care refers to the care that all of the above -a reasonable person would use -is ordinary care -a prudent person would use -healthcare pros in all specialties must practice Removing one's clothing in order to allow the physician to a perform a physical exam is a(n) implied contract endorsement sanction guardian ad litem court appointed representative revoked medical license taken away respondeat superior "let the master answer" statue of limitations period of time that a patient has to file a lawsuit discovery rule begins at the time the injury is noticed or should have been noticed reciprocity one state granting a license to a physician in another state standard of care ordinary skill that medical practitioners use Good Samaritan law law to protect the healthcare professional non-renewal of license practicing medicine without a license According to the Medical Patients Rights Act, patient information can never be given to a third party The term for a court-appointed person to represent a minor or unborn child is litigation is guardian ad litem Standard of care refers to -ordinary skill -type of care given to patients by other practitioners in the same locality The statue of limitations varies somewhat from state to state but is typically one to three years Respondeat superior means that the employer is liable for the actions of the employee A process by which a physician in one state is granted a license to practice medicine in another state is reciprocity Patients' rights to have their personal privacy respected and their medical records handled with confidentiality is covered in the Medical Patients Rights Act The prudent person rule refers to the information that a reasonable patient would need When a physician places an ambiguous order, the healthcare professional -can decline to carry out the order -should immediately notify the physician Both physicians and employees are all of the above -liable in the lawsuit -have the same responsibility to protect patient's confidentiality -operate under the standard of care -must be trained to perform a procedure before attempting it HMO health maintenance organization EPO exclusive provider organization PPO Preferred provider organization solo practice physician practices alone associate practice physicians agree to share expenses of the facility sole proprietorship one physician may employ others corporation managed by a board of directors third party payer insurance company Medicaid financial assistance for the indigent Medicare financial assistance for the elderly Under this plan, a healthcare provider is paid a set amount based on the category of care provided to the patient DRG (diagnostic related groups) Medicare patients who are members of HMOs may now, by law appeal a denial of treatment A type of managed care in which the selection of providers is limited to a defined group who are all paid on a modified fee-for-service basis is a(n) exclusive provider organization (EPO) a legal agreement in which physicians agree to share a facility and staff but not the profits and losses is a(n) associate practice the advantage of a corporation is that is -offers protection from loss of individual assets -may offer fringe benefits -will remain in effect after the death of a member a physician who is board certified may be addressed as -diplomat -fellow MCOs are able to manage costs by -shifting some financial risk back to physicians -shifting some financial risk back to hospitals This federal legislation provides healthcare for indigent persons and is administered by individual states Medicaid the managed care system -has a gatekeeper to determine who recieve medical treatments -provides a mechanism for approval -provides care for a fixed monthly fee -includes HMOs, PPOs, and EPO's the American college of surgeons confers a fellowship degree upon its applicants -when they complete additional training -when they have documentation of 50 surgical cases during the previous three years