Medical Law and Ethics Chapters 1-4 Already Passed

Medical Law and Ethics Chapters 1-4 Already Passed illegal not following the written law ethical right moral conduct unethical against tight moral conduct -behavior that is not following ethical guideline litigious excesively inclined to sue laws are rules or actions prescribed by a government authority that have a legal binding force ethics a branch of philosophy related to morals, moral principels, and moral judgement medical ethics ethical concerns or issues related to the practice of medicine utilitariianism greatest good for the greatest number rights based ethics emphasis on the indiciduals rights duty based ethics focus on performing duty justics based ethics based on a "veil of ignorance" to allow decision makers to be impartiel to their decisions virtue based ethics has an emphasis on people not on decisions or principles involved beneficence the action of helping others and performing actions that would result in benefit to another person fidelity loyalty and faithfulness to others gentleness a mild tenderhearted approach to other people humility not proud or arrogant justice fairness in all our actions with other people perseverance persisting with a task or idea even against obstacles responsibility a sense of accountability for ones actions sancity of or respect for life the sacredness of human life tolerance a respect for those whos opinions practice race religion and nationality differ from our own work an effort applied toward some end goal respect ability to consider and honor another persons beliefs and opinions integrity unwavering adherence to ones principles honesty quality of truthfulness no matter what the situation fairness treating everyone the same empathy the action of understanding, being aware, and vicariously experiencing the feelings, thoughts, and experience of another person sympathy feeling sorry for or pitying someone else compassion ability to have a gentle, caring attitude toward patients and fellow employees loyalty sense of faithfulness or commitment to a person or persons privacy or confidentiality ability to safeguard another persons confidences and information due process entitlement of employees of the government and public companies to have certain procedures followed when they believe their rights are in jeopardy workplace free from sexual harassment any type of gender harassment whether male or female is seen as one person exerting power comparable worth known as pay equity, theory that extends equal pay requirements to all persons who are doing equal work ethical dilemma a situation in which there is no clear legal or ethical "right or wrong" bioethics moral dilemmas and issues resulting rom advanced medicine and medical research relating to life medical etiquette certain rules or standards of professional behavior that physicians practice in their relationships or conduct with other physicians federal system power divided between central (federal) government and smaller (state) government checks and balances designed so that no one single branch of government could control the entire government. also means each branch of government is scrutinized by the other government legislative branch law making body which consists of the senate and the house of representatives; originate the legislation executive branch president, cabinet, and advisor; enforces the laws judicial branch judges and federal courts; interprets the laws (judge) constitutional law addresses relationship between individuals and the government statutory and regulatory law passed by legislative bodies either congress or state legislature common or case laws established from court decisions based on precedent; old case decisions still influence todays health care professionals tort civil wrong committed against a person or property; excludes a breach of contract assault threat of bodily harm battery actual bodily harm false imprisonment violation of ones liberty defamation of character slander/libel fraud deceitful practice invasion of privacy break in confidentiality negligence an unintentional action that occurs when a person either performs or fails to perform an action that a "reasonable person" would or would not have committed in a similar situation contract voluntary agreement between parties with the intent of benefiting each other expressed contract agreement entered into orally or written; all components of contract must be clearly stated implied contract agreement shown through inference by signs in action or silence abandonment withdrawing medical care from a patient without providing sufficient notice in writing breach of contract either party fails to comply with the terms of the agreement class action lawsuit filed by one or more people on behalf of a larger group of people; the members of the group are all affected by the same situation public/ criminal law protects public from harmful acts of others penalties are fine, imprisonment or both administrative law regulations set by government agencies licensing and supervision of prescribing controlled substances, health department regulations and regulations against homicide infanticide euthanasia assault battery and fraud federal court district (municipal) court of appeals (circuit court) us supreme court state court district (municipal trial) state courts of appeals state supreme court grand jury consists of 12-23 private citizens, hears evidence about case, determines if case merits court hearing, serves as filter, votes on whether indictment to trial court litigation may result when 2 parties are unable to save a dispute by themselves plaintiff person or institution who brings an action into litigation defendant person or institution who is being sued settling out of courts occurs when attorneys from both sides work out a settlement waiver both parties give up their rights to a jury trial trials begins with opening statements made by attorneys for each side of the case closing arguments attorneys for the plaintiff and the defendant make closing speeches or summaries of their case appeal plaintiff or defendant may ask a higher court to review the decision summary judgment request made by an attorney, takes place in a civil trial, asks the court judge to declare no need for a trial, means neither plaintiff nor defendant entitled to win based on existing law subpoena legal request from the court discovery process by which facts are discovered deposition oral testimony before an official of the court subpoena duces tecum court order to appear in court and bring records civil case court looks at the preponderance of evidence criminal case proof beyond a reasonable doubt private or civil law concerns relationships between or between individuals, businesses and government; awards monetary damages, includes tort law and contract law revocation to remove the ability to practice endorsement approval or sanction reciprocity cooperation of one state in granting a license to practice medicine to a physician already licensed in another state unprofessional conduct falsifying records, gross immortality commission of a crime medicare/Medicaid fraud, rape, murder, larceny, narcotics, conviction personal incapacity physical or mental incapacity licensure graduated from an accredited school and passes a national exam of competency certification meet the standards met by the accreditation body and you passed the national exam of competency accreditation voluntary request of official review by accrediting agency examine policy and procedures of agency must demonstrate that the institution maintains high standards confidentiality keeping private all information about the patient medical patient rights act a federal law that gives all patients right to have privacy respected and records held confidential HIPAA health insurance portability and accountability act discovery rule time begins when the problem is discovered or when the patient should have know of the injury gatekeeper physician or insurance case manger who determines if care is necessary medicare federally funded health care coverage for elderly or seriously disabled or with end stage renal disease or other debilitating ailments regardless of wealth or income medicaid federal program implemented by individual states financial assistance to insure poor and indigent solo practice physician practices alone partnership legal agreement to share in the business operation of a medical practice between 2 or more physicians associate practice legal agreement to share the facility and staff but not profits loses or patients group practice 3 or more physicians who share the same facility and practice together sharing profits loses and patients professional corporation physicians who have created a legal corporation for liability reasons; manages by a board of directors registration a health professional whose name is listed in an official record or registry- assuming certain requirements are met registration given by the AMT with examination general public purpose of the medical practice acts it to protect... statue of limitations how long a person has to follow a lawsuit insurance companies example of a third party payer court decision common law is established through insurance companies exaple of a third party payer