Chapter 5 Key Terms
Criminal law
medical criminal law is the area of law that deals with criminal offenses in the healthcare sector. This includes crimes committed by healthcare providers, such as doctors, hospitals, and pharmacies, as well as the pharmaceutical and medical device industries.
Civil law
Civil law-Malpractice cases are a type of civil action or civil case, meaning the victim's compensation is being fought for, often without regard for punishing the defendant. Medical malpractice cases aim to gain financial support for help with medical costs, lost income, pain, suffering, and disability.
Torts
Torts-A medical tort is a civil wrong, or malpractice, that occurs when a healthcare professional or organization causes injury to a patient. The injured party can file a lawsuit and seek compensation for damages.
Malpractice
Malpractice-Medical malpractice occurs when a medical professional's actions or omissions cause injury to a patient by failing to meet the accepted standard of care. The standard of care is the level of skill, care, and diligence that a reasonable healthcare professional in the same field would provide in similar circumstances
Negligence
Negligence -Medical negligence, also known as medical malpractice, occurs when a healthcare provider's actions or omissions result in a patient being harmed or their condition worsening
assault and battery
assault and battery-In a medical setting, assault and battery are related legal terms that describe when a medical professional intentionally harms a patient, either by threatening them or by physically touching them without their consent
invasion of privacy
invasion of privacy- A doctor sharing a patient's medical records with someone who is not authorized to see them is an invasion of privacy through public disclosure of private facts. A company using a person's image in an advertisement without their consent is an invasion of privacy through appropriation
False imprisonment
False imprisonment- An intentional act to restrict a patient's movement unlawfully. Another basis for false imprisonment liability exposure involves a situation in which a health care professional is alleged to have compelled a patient to remain in a specific location to undergo treatment against the patient's will.
Abuse
Abuse-Abuse and neglect refer to the actions or inactions of an individual's caregiver or parent inflicting physical, sexual, or emotional harm on the individual.
Defamation
Defamation- Defamation by a patient or their representative relative to the care received or not received from a doctor or hospital is commonly understood to be a false statement of fact, published to a third party. This is harmful to the reputation of the doctor or hospital, Greene says.
slander
slander- Slander in a medical context is when a healthcare professional shares false information about a patient's medical condition with others, which can damage the patient's reputation.
libel
libel- In healthcare, libel is a written or visible statement that is defamatory and harms another person's reputation. Libel is a form of defamation, which is the act of publishing false or derogatory statements about someone without justification
contract
contract- In a medical context, a contract can refer to a mutual agreement between a patient and a healthcare provider, or it can refer to a type of healthcare equipment lease
breach of contract
breach of contract- A medical professional may be liable for breach of contract if they fail to fulfill their contractual obligations to a patient
consent form
consent form-A medical consent form is a legal document that gives patients the information they need to make informed decisions about their health care
scope of practice
scope of practice-In medical terms, scope of practice is the range of activities a licensed health professional is permitted to perform, based on their education, training, and experience. It's important for health professionals to stay within their scope of practice to ensure they are practicing safely, lawfully, and effectively
ethics
ethics- Medical ethics, also known as clinical ethics, is the application of ethical principles to healthcare and medical decisions. It is a set of values that guide healthcare professionals in making decisions that prioritize patient well-being and respect patient dignity. Medical ethics also helps build trust in the healthcare system.
Power of Attorney
Power of Attorney- A type of advance directive that gives a person (called a proxy) the authority to make medical decisions for another person if that person is not able to make their own decisions.
living will
living will-A living will is a legal document that specifies a person's medical treatment preferences if they are unable to make medical decisions for themselves. A living will is a type of advance directive and can include instructions for a variety of medical situations
denial of services
denial of services- A denial of service (DoS) attack is a malicious attempt to make a network, website, or service inaccessible or non-functional
denied payment
denied payment- A declined payment means that a payment was not authorized or accepted.There are many reasons why a payment might be declined
termination of coverage
termination of coverage- Termination of coverage for medical insurance means that a policy is ending and is not being renewed
preexisting condition
preexisting condition-A pre-existing condition is a health problem or injury that a person has before they start a new health insurance plan. Insurance companies typically define what constitutes a pre-existing condition
Omnibus Budget Reconciliation Act (OBRA)
Omnibus Budget Reconciliation Act (OBRA)-The Omnibus Budget Reconciliation Act (OBRA) is a piece of legislation that has had a significant impact on the healthcare system, particularly in the areas of nursing homes and Medicaid