Chapter 1
The plaintiff is always the state or federal government in this type of law.
What is Criminal?
Can be defined as those devices or tools used by one side to obtain facts and information about the case.
What is discovery?
This is designed to prevent forced disclosure of information by the health care provider.
What is the physician-patient privilege?
The anti-dumping law is abbreviated as this.
What is EMTALA (Emergency Medical Treatment and Active Labor Act)?
The formal study of moral choices that conform to standards of conduct.
What are ethics?
A written list of a profession’s values and standards of conduct would best be described as this.
What is a code of ethics?
The study of ethical issues resulting from technologic and scientific advances.
What is bioethics?
Complete and accurate description of the patient’s history, condition, and care provided.
What is the legal health record?
This concept provides the original basis for maintaining confidentiality between patient and healthcare provider.
What is the Hippocratic Oath?
Has the right to access patient information in the complete medical record.
Who is the patient?
An element of contract law that refers to an exchange from one party in return for performing contractual obligations.
What is consideration?
Testimony provided under oath outside of the courtroom.
What is a deposition?
Authorization for disclosure that would otherwise be prohibited by statute or regulation.
What is a court order?
COBRA stands for this.
What is the Consolidated Omnibus Budget Reconciliation Act?
Obligation of the healthcare provider to protect patient information.
What is confidentiality?
Recognition that the patient is entitled to determine for herself the extent to which she will receive or forego treatment.
What are patient rights?
The effort to improve the human species through control of hereditary factors.
What is eugenics?
A process in development to combat increased costs associated with the legal discovery of the electronic health record.
What is ECRM (Enterprise Content and Record Management)?
The Freedom of Information Act applies only to this.
Allows a patient greater access to records than is provided for by HIPAA.
What is the Federal Privacy Act?
What the Bill of Rights consist of or could be referred to as.
What is the first 10 amendments to the US Constitution?
In addition to supplying the record, the person who possesses the record could be compelled to deliver it at a certain time and place if the request is accompanied by this.
What is a subpoena duces tecum?
May issue a subpoena.
Who are federal court clerks?
Professional misconduct.
What is malpractice?
Principles of right conduct.
What are morals?
An ethical healthcare model wherein the healthcare professional acted in the role a “father to his children".
What is paternalism?
Voluntary termination of a pregnancy for medically necessary reasons.
What is therapeutic abortion?
This is an example of medical information associated with the health record.
What are test results and operative reports?
Document attesting to the patient’s agreement to treatment permitted or provided.
What is Informed Consent?
Guidelines followed when conducting research involving human subjects refers to this.
What is the Declaration of Helsinki?
Health Insurance Portability and Accountability Act
What is HIPAA?
The authority by which courts and judicial officers may hear and decide a case.
What is jurisdiction?
Notifies the opposing party of the need to preserve relevant electronic evidence.
What is a notice of preservation?
Definition od res ipsa loquitur.
What is the thing speaks for itself?
Limiting access to specialty care in an effort to contain healthcare costs.
What is gatekeeping?
Serving as a role model to employees and others in an organization.
What is the ethical role of a supervisor?
This organization is charged with coordinating the procurement and allocation of human organs and tissues from donors to recipients.
What is UNOS (United Network for Organ Sharing)?
This is an example of financial information associated with the health record.
What is demographic data, such as address?
A healthcare provider can provide treatment to the patient when the patient cannot provide consent to treatment and an authorized individual provides consent. |
What is Substituted Consent?
Choosing subjects equitably to avoid exploitation of vulnerable populations is promoted by this report. |
What is the Belmont Report?
U.S. district courts are bound by decisions of both the U.S. Courts of Appeal and U.S. Supreme Court within the same geographic area.
What is stare decisis?
The unseen information that is located in common text files, such as that which can indicate when the document was created.
What is metadata?
Allows a healthcare record to be admitted into evidence.
What is a business record exception?
Applies when a health care facility becomes responsible for a nurse’s negligent actions.
What is vicarious liability?
The concept of habitual truthfulness and honesty.
What is veracity?
Requires healthcare providers to inform patients about the law and their right to make advance decisions concerning health care.
What is PSDA (Patient Self-Discrimination Act)?
This project's purpose is to map genes found in human DNA.
What is the Human Genome Project?
This is an example of social information associated with the health record.
What is alcohol, tobacco, and work history?
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What is the Patient Self-Determination Act (PSDA)?
Approving an informed consent that accurately describes the risks and benefits to the subject associated with any research to be conducted is a role completed by this board. |
What is the Institutional Review Board (IRB)?
Final judgment of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.
What is the doctrine of res judicata?
When parties to a dispute come together to present evidence in court, the formal setting with authority to adjudicate claims or disputes.
What is a trial?
Created by statute and used to prevent the forced disclosure of, or testimony about, information obtained by the health care provider during the course of treatment.
What is physician-patient privilege?
A breach of duty owed directly to a patient by a hospital.
What is corporate negligence?
Theory founded by Immanuel Kant.
What is Deontology?
In the context of ethics, the belittling or criticizing of skills, knowledge or qualifications of another professional is referred to as this.
What is disparagement?
Describes treatment a patient wishes to have or not have in case of incapacitation.
What is an advanced directive?
Confirms the content of the entry, either by written signature, initials, or computer-generated signature code.
What is authentication?
Provides direction about what medical care is to be provided in the event of incapacitation or inability to make decisions.
What is a living will?
This government agency is responsible for assuring compliance with ethical conduct of research in humans.
Who is the FDA?
An automated system that allows the general public to search pleadings and testimony.
What is an electronic case filing system (ECFS)?
The person being sued.
What is the defendant?
Tool consisting of policies and procedures that address how to respond to the legal process requests.
What is a litigation response plan?
Federal legislation that specifically addresses the release of protected health information.
What is HIPAA?
This principle refers to recognizing that ethical choices may result in adverse outcomes.
What is the double-effect principle?
States that patients have the right to require a covered entity to electronically re-transmit information to an entity designated by the patient.
What is ARRA (American Recovery and Reinvestment Act)?
Ethical questions involved in or occurring during the period closely surrounding birth.
What are perinatal ethics?
The general principles determining the length of time health data, and the health records in which those data are stored, must be maintained by the health care provider.
What are record retention policies?
Implied or tacit consent applies to this.
Procedures involving little or no risk to the patient.
This rule requires that an IRB review determine whether PHI can be used as the researcher suggests in his protocol or whether a waiver of authorization is warranted.
What is the HIPAA Privacy Rule?
Addresses perceived areas of discrimination in employment and insurance.
What is GINA?
Wrongful destruction or alteration of evidence and/or failure to preserve data.
What is spoliation of evidence?
A concept that describes the requirement to anticipate the need for data in a court action.
What is duty to preserve?
A fixed time period in which a lawsuit must be brought.
What is a statute of limitations?
The ethical concept that applies to a legal situation when someone else must decide for an individual because that individual cannot make the decision due to competence.
What is the best-interest standard?
The most accurate sequence in the ethical decision making process can be defined as this.
What is define the issue, determine available options, implement the decision?
The use of the patient’s own body part for tissue transplant.
What is autograft?
Identifies the healthcare provider who has made the entry, either in writing, by dictation, by keyboard, or by keyless data entry.
What is authorship?
Legislation was enacted to allow patients to create advance directives while competent.
What is PSDA?
Third-party payers are categorized as this, as defined by HIPAA regulations.
What is a business associate?