Chapters 1-3 (Medical Law, Ethics, The Legal System)
True or false. Unethical actions are always illegal.
A health plan that provides coverage for individuals age 65 and over, disabled people who are entitled to Social Security, and patients with end-stage renal disease at any age.
What is Medicare?
The ordinary skill and care that medical practitioners must use. The type of care a reasonable person would use in a similar situation.
What is standard of care?
Full name, DOB, marital status, clinical tests (i.e. x-rays), correspondence between healthcare providers, and record of missed appointments are all included in this.
What is the medical record?
Death occurs when there is irreversible cessation of all brain function.
What is brain-oriented death?
The branch of philosophy relating to morals, moral principles, and moral judgments.
What is ethics?
A method for restructuring the health care system including delivery of services, financing of care, and purchasing. The goal of these plans is to reduce costs by "gatekeeping" patient referrals, tests, etc.
What is managed care?
A form of malpractice that occurs when a healthcare professional either performs an action a reasonable professional would not have performed, or fails to perform an action a reasonable professional would have performed.
What is negligence?
The act that requires employers to provide a safe and healthy work environment. An example is protection from bloodborne pathogens.
What is OSHA (Occupational Safety and Health Act)?
Discontinuing treatment of a terminally ill patient.
What is withdrawing care/treatment?
Assault is an example of this.
What is an intentional tort?
Examples of this include: the right to give consent for treatment, the right to reasonably expect that their physician will use appropriate standard of care, the right to privacy, and the right to refuse treatment.
What are patient rights?
A type of malpractice when a wrong or illegal act is performed.
What is malfeasance?
The Emergency Treatment and Active Labor Act (EMTALA) addresses this.
What is patient "dumping"? (transferring emergency patients before being stabilized because they don't have health insurance)
The total care of patients whose disease is no longer responsive to curative therapy. Emphasizes symptom control rather than a cure.
What is palliative care?
This type of law is established by judges when they apply previous court decisions to current cases.
What is common law (or case law)?
An act that states competent adults may allow posthumous use of the organs through a written document.
What is the Uniform Anatomical Gift Act?
Professional misconduct, improper discharge of professional duties, and failure to meet professional standards of care that result in harm to another person.
What is malpractice?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
What is sexual harassment?
Speaking at the nurses' station to other healthcare providers in a low voice about a patient is an example of this.
What are permitted incidental disclosures?
An ethical theory based on the principles of the greatest good for the greatest number of people. "The end justifies the means."
What is utilitariansim?
Defined as a voluntary agreement allowing a medically trained person to touch, examine, and perform a treatment. Patient agrees to proposed treatment after being informed of possible consequences.
What is informed consent?
Latin for "let the master answer." States that an employer is liable for the acts of the employee. It does not clear the employee from liability.
What is respondeat superior?
An act that prohibits discrimination in employment based on five categories: race, color, religion, gender, or national origin.
What is Title VII of the Civil Rights Act?
One example of the Harvard Criteria for Definition of Irreversible Coma.
What is:
Unreceptive and unresponsive with total unawareness of externally applied and painful stimuli. No spontaneous movements or breathing, absence of response to pain, touch, sound, or light. No reflexes, fixed dilated pupils, lack of eye movement, and lack of deep tendon reflexes.