Chapter Vocabulary 1
Laws (felonies and misdemeanors) made to protect the public against the harmful acts of others and regulate crimes against the state such as arson, burglary, rape, robbery, and murder
What are Criminal Laws?
Agreements that are legally enforceable by law between two or more parties; requires an offer, acceptance of the offer, and promise to perform
What is Contract Law?
When a physician terminates supervision of a patient without notifying the patient in writing
What is Abandonment?
Statement given concerning a scientific, technical or professional matter by a person with authority regarding the matter, such as a physician
What is Expert Testimony?
A _____ _____ exists when a physician performs a service after the patient has requested it.
What is a Medical Contract?
A more serious crime that is punishable by incarceration. For example, embezzlement, fraud and homicide
What are Felonies?
Agreeing to something (a procedure or treatment) either verbally or in writing
What is Express Consent?
Wrongful act or injury to a person that is grounds for legal civil action
What is a Tort?
Lawsuit
What is Litigation?
Designed to encourage physicians to provide care in circumstances where they have no legal obligation to do so, without fear of being sued. In such situations, a legal patient-physician contract relationship has not been created.
What is the Good Samaritan Law?
Crimes such as attempted burglary, battery, disturbing the peace that may carry a lesser sentence than a felony
What is a Misdemeanor?
Agreement derived as a result of implication or the situation, general language or conduct of the patient
What is Implied Contract?
One who institutes a lawsuit or action
What is a Plaintiff?
Document, not legally binding, stating the desires of an individual should he or she become incompetent because of injury or illness when death is imminent
What is a Living Will?
Failure to keep appointments, failure to follow medical advice, failure to pay the balance due on an account
What are grounds for terminating a patient-physician contract?
Statute that enforces private rights and liabilities. It is different than criminal law.
What is the definition of Civil Law?
Permission or agreement that is given based on a person's actions rather than their words
What is Implied Consent?
Identifying problem practices or behaviors, then taking action to control or eliminate them
What is Risk Management?
A requirement that health care entities who participate in the Medicare or Medicaid programs to ask each patient whether they have drawn up an advance directive and to document the response in the patient's chart
What is the Patient Self Determination Act?
Forcing a patient to take medication when the patient has refused to take it
What is an Intentional Tort?
Law that governs the activities of government agencies such as the Internal Revenue Service, Medicare and Medicaid
What is Administrative Law?
Children of any age who fall outside the jurisdiction and custody of their parents or guardians and who may make financial and medical decisions
What is an Emancipated Minor?
Document stating an individual's preference about treatment if the person becomes incompetent or unable to communicate with medical personnel. Two types are a living will and a health care (durable) power of attorney
What is an Advanced Directive?
Latin for "under penalty"; a writ that commands a witness to appear at a trial or other proceeding and give testimony, the disobedience to which may be punishable as a contempt of court
What is a Subpeona?
Failure to exercise reasonable care in medical practice
What is a Negligent Tort?