Chapter 5 Key Terms Legal and Ethical Issues

void (void)

(legal) A term used to describe something that is not legally enforceable.

expressed contract

A contract clearly stated in written or spoken words.

implied contract

A contract that is created by the acceptance or conduct of the parties rather than the written word.

durable power of attorney

A document naming the person who will make decisions regarding medical care on behalf of another person if that person becomes unable to do so.

Notice of Privacy Practices (NPP)

A document that informs patients of their rights as outlined under HIPAA.

libel

A false publication, as in writing, print, signs, or pictures, that damages a person's reputation.

implied consent

A form of consent that is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases by a person's silence or inaction).

sole proprietorship

A form of medical practice management in which a physician practices alone, assuming all benefits and liabilities for the business.

partnership

A form of medical practice management in which two or more parties practice together under a written agreement, specifying the rights, obligations, and responsibilities of each partner.

credentialing

A formal review of the qualifications of a healthcare provider who has applied to participate in a healthcare system or plan.

law of agency

A law stating that an employee is considered to be acting on the physician's behalf while performing professional duties.

medical practice act

A law that defines the exact duties that physicians and other healthcare personnel may perform.

malpractice claim

A lawsuit brought by a patient against a physician for errors in diagnosis or treatment.

living will

A legal document addressed to a patient's family and healthcare providers stating what type of treatment the patient wishes or does not wish to receive if he becomes terminally ill, unconscious, or permanently comatose; sometimes called an advance directive.

uniform donor card

A legal document that states a person's wish to make a gift upon death of one or more organs for medical research, organ transplants, or placement in a tissue bank.

misdemeanor

A less serious crime such as theft under a certain dollar amount or disturbing the peace. A misdemeanor is punishable by fines or imprisonment.

group practice

A medical management system in which a group of three or more licensed physicians share their collective income, expenses, facilities, equipment, records, and personnel.

negligence

A medical professional's failure to perform an essential action or performance of an improper action that directly results in the harm of a patient.

abuse

A practice or behavior that is not indicative of or in line with sound medical or fiscal activity.

doctrine of professional discretion

A principle under which a physician can exercise judgment as to whether to show patients who are being treated for mental or emotional conditions their records.

arbitration

A process in which opposing sides choose a person or persons outside the court system, often someone with special knowledge in the field, to hear and decide a dispute.

reference

A recommendation for employment from a facility or a preceptor.

law

A rule of conduct established and enforced by an authority or governing body, such as the federal government.

felony

A serious crime, such as murder or rape, that is punishable by imprisonment. In certain crimes, a felony is punishable by death.

abandonment

A situation in which a health-care professional stops caring for a patient without arranging for care by an equally qualified substitute.

corporation

A type of business group, such as a medical practice, that is established by law and managed by a board of directors.

contract

A voluntary agreement between two parties in which specific promises are made.

consent

A voluntary agreement that a patient gives to allow a medically trained person the permission to touch, examine, and perform a treatment.

subpoena

A written court order that is addressed to a specific person and requires that person's presence in court on a specific date at a specific time.

fraud

An act of deception that is used to take advantage of another person or entity.

battery

An action that causes bodily harm to another.

crime

An offense against the state committed or omitted in violation of public law.

minors

Anyone under the age of majority-18 in most states, 21 in some jurisdictions.

Privacy Rule

Common name for the HIPAA Standard for Privacy of Individually Identifiable Health Information, which provides the first comprehensive federal protection for the privacy of health information.The Privacy Rule creates national standards to protect individuals' medical records and other personal health information.

defamation

Damaging a person's reputation by making public statements that are both false and malicious.

tort

In civil law, a breach of some obligation that causes harm or injury to someone.

protected health information (PHI)

Individually identifiable health information that is transmitted or maintained by electronic or other media, such as computer storage devices.The core of the HIPAA Privacy Rule is the protection, use, and disclosure of protected health information

civil law

Involves crimes against persons. A person can sue another person, business, or the government. Judgments often require a payment of money.

criminal law

Involves crimes against the state. When a state or federal law is violated, the government brings criminal charges against the alleged offender.

respondeat superior

Latin, meaning "let the master answer," a doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employee's duties.

res ipsa loquitur

Latin, meaning "the thing speaks for itself," which is also known as the doctrine of common knowledge.

qui tam

Latin, meaning "to bring action for the king and for one's self."

subpoena duces tecum

Latin; a legal document that requires the recipient to bring certain written records to court to be used as evidence in a lawsuit.

liable

Legally responsible.

bioethics

Principles of right and wrong in issues that arise from medical advances.

doctrine of informed consent

The legal basis for informed consent, usually outlined in a state's medical practice act.

assault

The open threat of bodily harm to another.

informed consent

The patient's right to receive all information relative to his or her condition and then make a decision regarding treatment based upon that knowledge.

treatment, payments, and operations (TPO)

The portion of HIPAA that allows the provider to use and share patient health-care information for treatment, payment, and operations (such as quality improvement).

disclosure

The release of, the transfer of, the provision of access to, or the divulgence in any manner of patient information.

use

The sharing, employing, applying, utilizing, examining, or analyzing of individually identifiable health information by employees or other members of an organization's workforce.

slander

The speaking of defamatory words intended to prejudice others against an individual in a manner that jeopardizes his or her reputation or means of livelihood.

electronic transaction record

The standardized codes and formats used for the exchange of medical data.

Security Rule

The technical safeguards that protect the confidentiality, integrity, and availability of health information covered by HIPAA. The Security Rule specifies how patient information is protected on computer networks, the Internet, disks, and other storage media.

breach of contract

The violation of or failure to live up to a contract's terms.

discrimination

Unequal and unfair treatment.

moral values

Values or types of behavior that serve as a basis for ethical conduct and are formed through the influence of the family, culture, or society.