1
Who “owns” a patient’s medical record in private practice?
the provider
A provider is required to report the following to the local health department:
certain crimes (rape, domestic abuse, elder abuse, child abuse, neglect, exploitation, wounds of violence, assault, physical injury due to a firearm)
communicable diseases; sexually transmitted diseases (STDs), such as herpes, HIV, and syphilis
all infectious diseases, such as measles
Who prosecutes a criminal case?
district attorney
OSHA is an agency of which federal department?
Labor
In most cases involving health care providers, the contracts regarding the provision of care are:
oral
A document prepared by the patient as a statement of his or her medical wishes; it does not designate anyone else to make decisions but rather outlines what the patient wants or doesn’t want regarding lifesaving or life-sustaining measures
living will / advanced directives
Tells all who would file a lawsuit that they have a limited period of time in which to bring their claim
statute of limitations
Not planned or contrived in advance in any way
negligence
An instruction from the patient to all who might need to know that the patient has empowered a representative to make health care decisions and the discontinuation of life support
medical durable power of attorney
Means “bad practice”; it defines any medical treatment that falls short of normal levels of skill, care or established medical procedure
malpractice
Governs organ donations for (1) organ transplantation and (2) the transfer of anatomical gifts of one’s deceased body for use in the study of medicine
Uniform Anatomical Gift Act
The identification of all exposure to financial loss of a business and includes the selection of techniques to manage those exposures
risk management
Providing assistance to one in need; the nature of these laws is to protect individuals who decide to provide help and serve those who are injured
Good Samaritan Act(s)
Requires any health care provider accepting Medicare or Medicaid to inform the patient (1) of his or her right to accept or refuse treatment, (2) of his or her rights regarding advance directives under state law, and (3) of any hospital or provider policies regarding withholding or withdrawing life-sustaining equipment
Patient Self-Determination Act (PSDA)
Underlying principle used to establish whether an injured party can collect for damages in a case centered on negligence
standard of care
Party against whom charges are brought
defendant
System of rules, usually enforced through a collection of institutions commonly recognized as having the authority to do so
law
Standard of proof in a civil case
preponderance of the evidence
The party bringing charges
plaintiff
Person found guilty of this type of crime can be imprisoned in state prison for more than 1 year, and in some cases, punishable by death
felony
Person found guilty of this type of crime can be imprisoned in jail for no more than 1 year
misdemeanor
Standard of proof in a criminal case
beyond a reasonable doubt
Type of law created by courts
case law
States that laws created by Congress apply to everyone in the United States
Supremacy Clause
The failure or refusal of a caregiver or other responsible person to provide for an elder’s basic physical, emotional, or social needs, or failure to protect the elder from harm
neglect