Ch. 05 Legal and Ethical Responsibility - Key Terms
Criminal law
-the area of law that addresses possible illegal actions taken and must be proven in court beyond reasonable doubt.
assault and battery
assault is attempted battery. Medical battery is similar to battery, but the harm occurs in a medical setting and includes harmful or offensive touching of a patient by a medical professional.
slander
the action or crime of making a false SPOKEN statement damaging to a person's reputation
scope of practice
the activities that an individual health care practitioner is permitted to perform within a specific profession
denied payment
when an insurance company decides not to pay for services or products they have agreed to cover.
Civil law
the victim's compensation is being fought for, often without regard for punishing the defendant.
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.
libel
a defamatory statement in writing or other visible forms, whereas slander is a spoken defamatory statement.
ethics
the disciplined study of morality in medicine and concerns the obligations of physicians and health care organizations to patients as well as the obligations of patients.
termination of coverage
the date on which the Coverage of the Life Insured ceases under the Policy for reasons mentioned in the Section on Termination of Coverage in this Policy.
Torts
a fancy way of saying “malpractice.” Medical torts are triggered when a healthcare professional or organization causes patient injury. The aggrieved party files a suit and asks for compensation due to the damage.
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.
contract
the costs of employer-furnished first aid and medical facilities, including personnel or retainer fees for nurses and physicians that are not allocated to individual claims.
Power of Attorney
a legal document that lets you give someone legal authority to make important decisions about your medical care.
preexisting condition
A health problem, like asthma, diabetes, or cancer, you had before the date that new health coverage starts.
Malpractice
a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient.
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.
breach of contract
when one or more of the terms of the contract are violated
living will
A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation.
Omnibus Budget Reconciliation Act (OBRA)-.
This nursing home reform act was enacted by Congress to protect people from abuse in nursing homes. The intention of OBRA is to prevent people from being admitted or being kept in nursing homes who do not need or want to be there.
Negligence
a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient.
Defamation
a false statement of fact, published to a third party. This is harmful to the reputation of the doctor or hospital
consent form
a formal agreement that a patient signs to give permission for a medical procedure
denial of services
when a healthcare insurance payer refuses to reimburse a provider for services rendered to a patient according to their benefits.