Legal and ethical terms #1

Assault

A threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in apprehension of such harm or contact

Genetic Information Nondiscrimination Act (GINA)

Act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.

Emotional Intelligence (EI)

An individual scale to perceive, understand, reason with, and manage his or her emotions and the emotions and behaviors of others

Jurisdiction

Authority given by law to a court to try cases and rule on legal matters within a geographical area and/or over certain types of legal cases

Standard of care

Basic skill and care expected of healthcare professionals in the same or similar branch of medicine; based on what another medical professional would deem to be appropriate in similar circumstances

Battery

Bodily harm or unlawful touching of another. Treating the patient without consent is considered battery

Ethics

Branch of philosophy that relates to principles, rules, and standards that govern a persons behavior and decisions

Utilitarianism

Ethical theory based on the greatest good for the greatest number (also known as cost-benefit analysis)

Qui Tam

In Latin, meaning "who as well"; a type of lawsuit, where a private citizen exposes fraud upon the government and files a lawsuit on the governments behalf

Medical practice acts

Laws defined by each state that regulates the licensing and medical laws for that state and define the scope of practice for licensed and unlicensed individuals in the healthcare field

Americans with Disabilities Act of 1990 (ADA)

Laws enacted in 1990 to protect citizens, with disabilities from discrimination, with regard to employment, education, and public accommodation

Misdemeanor

Lesser crime punishable by usually modest fines or penalties established by the state or federal government and/or imprisonment of less than 1 year

Defendant

Person or entity sued

Equal employment opportunity act of 1972

Prohibits, employment, discrimination based on race, color, national origin, sex, religion, age, disability, political beliefs, and marital or familial status

Felony

Serious crime punishable by relatively large fines and /or imprisonment for more than 1 year and, in extreme cases, death

Morals

Standards of right and wrong

Malpractice

The failure of a professional to meet the standard of conduct that a reasonable and prudent member of the profession would exercise in similar circumstances; it results in harm

Negligence

The failure to use such care as a reasonably prudent and careful person would use under similar circumstances; an act of omission or failure to do what a person of ordinary prudence would have done under similar circumstances

Law

The foundation of statutes, rules, and regulations that governs people, relationships, behaviors, and interactions with the state, society, and federal government

Plaintiff

The person or entity bringing a suit or claim

Uniform Anatomical Gift Act (UAGA)

a law permitting a person of legal age and sound mind to give all or any part of his/her body to take effect upon his/her death or gives the right to another.

locum tenens

a substitute physician

Reasonable person standard

degree of care that a reasonable person would exercise under all the circumstances

Deontological

the duty to do the right thing, regardless of the result