Test 3

Declaratory Judgement

A court judgement that defines the legal rights of the parties involved.

Malpractice

A type of negligence in which a licensed professional fails to provide the standard of care, causing harm to a person.

Defendant

An individual or a business against whom a lawsuit is filed.

Types of law; Case law

Derived from legal precedents and common law.

Types of law; Constitutional Law

Derived from the federal and state constitutions, which give power to federal and state governments.

Good samaritan

Differs in states, some provide protection if provider 'acts in good faith', with this a person must provide care in a true emergency and care must be outisde of a place with medical equipment and the person cannot be billed for the services.

Negligence

Failure to act as a reasonably prudent person would under similar circumstances; such conduct falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.

Litigious

Prone to lawsuits.

Types of law; Statutory law

Refers to the laws enacted by the state and federal legislatures.

Physician Assistant (PA)

Scope of Practice; Diagnoses and treats illness and prescribes meds- supervised by physician. Education; Must complete 3 year PA program beyond bachelors degree. Credential; PA certified after passing the national exam.

Arbitration

The process in which conflicting parties in a dispute submit their differences to a court-appointed person (arbitrator), who submits a legally binding decision.

Tort Law

Tort law enforces rules that we have in our society. If these rules are violated, then an individual can sue another individual, institution (business) or government. There are two different kind of torts; Intentional or negligent.

Res Judicata

"A thing decided"- If a case has already been decided by the court the plaintiff cannot bring a similar suit against the defendant in the future.

Abortions

-Must be performed by a licensed physician. -Mandated counseling provided about possible link to breast cancer and if the fetus feels pain and long term mental consequences. -Required waiting period (normally 24 hrs) between counseling and performing abortion. -Parental involvement for pregnant minor. -Must be performed in hospital after a certain gestation

Professional Liability Insurance

1. The person or company purchasinf the insurance policy is called the insured (1st party). 2.The insured pays a specific amount of money to the insurance company (2nd party).This payment is called a premium. The insurance company is the insurer. The insurer agrees to compensate the insured for specific losses covered in the insurance contract or policy. 3. When the insurer pays the plaintiff the plaintiff is known as the 3rd party.

Tort

A civil wrong doing that causes harm to a person or property, excludes breach of contract.

Injunction

A court order by which an individual or institution is required to perform or refrain from performing a certain act.

Subpoena

A court order requiring a person to appear in court at a specific time to testify in a legal case.

Patient abandonment

A form of medical malpractice, also called negligent termination; the provider ends the provider-patient relationship without reasonable or adequate notification.

Res Ipsa Loquitur

A latin term meaning "The thing speaks for itself", a legal concept under which the plaintiffs burden to prove malpractice is minimal, since the jury can clearly understand the details of the injury. For example, a surgical instrument was left in the body during surgery.

Subpoena duces tecum

A legal document commanding a person to bring a piece of evidence to court.

Licensure

A mandatory process established by state law that ensures a person has met the legal standards for practicing an occupation in that state.

Emancipated Minor

A minor who has been granted emancipation by the court; the minor can assume the rights and responsibilities of adulthood.

Damages

A monetary settlement the defendant pays the plaintiff in a civil case for loss or injury. Also, one of the 4 D's of negligence, meaning the patient suffers a legally recognized injury.

Mature Minor

A person under the age of adulthood who demonstrates the maturity to make personal healthcare decision and can give informed consent for treatment.

Precedent

A prior court decision that serves as a model for similar legal cases in the future.

Defense

A strategy used by the defendant to avoid liability in a lawsuit.

Deposition

A sworn testimony made before a court-appointed officer; it is used in the discovery process and may be used in the trial.

Plaintiff

An individual or a party who brings a lawsuit to court.

Types of insurance policies

Claims-made policy; An insurance policy that covers claims made during the policy year. Occurrence policy; An insurance policy that covers claims for wrongful acts that occurred during the policy year. Nose coverage; A limited term policy purchased from the new carrier the provider is joining. The policy covers the provider between the end of the prior policy and the start of the next. Tail coverage; A limited term policy purchased from the insurance carrier that the provider is leaving. The policy covers the provider until the new policy starts. (A person would need only nose or tail coverage not both)

Advanced practice RN

Clinical Nurse Specialist (CNS)- Scope; Diagnoses and treats patients Nurse Practitioner (NP)- Diagnoses and treats pts and prescribes meds. Certified Nurse Midwife (CNM)- Provides prenatal and postpartum care; delivers babies. Certified RN anesthetist (CRNA)- Gives anesthesia and related care to patients in surgery and for outpatient procedures. Education; Must complete a masters degree beyond RN training. Credential; Must pass the national certification exam.

Types of law; Regulatory and administrative law

Concerns the procedures, regulations, and rules of federal, state, and local governmental administrative agencies.

Consent;

Consent means one party voluntarily agrees with another parties proposition or plan. Examples; Implied consent; inferred based on signs, actions, or conduct of the patient rather than oral communication. Expressed consent; Consent that is given either by the spoken or written word. Informed consent; A legal process that ensures the patient or guardian understands the treatment and gives consent for the treatment.

Healthcare Example;

Criminal law; A medical assistant determines a patient should have a specific medication and gives the patient the medication without a providers order, thus practicing medicine. Civil law; A medical assistant changes a sterile dressing per a providers order but does the procedure incorrectly. The wound develops an infection, and the patient subsequently dies.

Offense/Wrong;

Criminal law; Crime Civil law; Tort, breach of contract

Attorney;

Criminal law; Defendant is entitled to an attorney. The state must provide an attorney if the defendant cannot afford one. Civil law; Defendant must pay for the attorney or defend themselves.

Standard of proof;

Criminal law; Must prove beyond a reasonable doubt. Civil law; The preponderance of evidence (more than likely it occurred)

Defendant;

Criminal law; Person or party accused of the criminal complaint or charge, Civil law; Wrongdoer could be a business, individual, or the government.

Plaintiff;

Criminal law; State or federal government Civil law; Victim of the wrongdoing

Consequence;

Criminal law; Substantial fine and prison time. Civil law; Damages, injunction, declaratory judgement

Court;

Criminal law; Tried in criminal court system; almost always involves a trial by jury. Civil law; Tried in a civil court system; may not involve a jury.

Wrong act against;

Criminal law; Wrongful act against the government Civil law; Wrongful acts against an individual or an institution

4 D's of negligence

Duty of care, Dereliction (violates the duty of care to the patient), damages, direct cause

Contracts can be;

Implied; The parties have agreed to the terms of the contract through their actions and behaviors. Expressed; The parties have specifically stated the terms of the contract in writing, orally, or both.

Law

Is a custom or practice of a community. It is a rule of conduct or action prescribed or formally recognized as enforceable by a controlling authority.

Statute of Limitations

Is a length of time a legal action can be taken after an event has occured; usually 2-5 years.

Res Judicata

Latin for "a thing decided" once a case has been decided by the court, it cannot be litigated again.

Respondeat Superior

Latin for "let the master answer" a legal doctrine by which the employer/provider is legally responsible for the wrongful actions or lack of actions of employees f done within the scope of practice.

Locum Tenens

Latin for "to substitute for"; the term refers to physicians or advanced practice professionals who temporarily contract to provide healthcare services when a facility has a vacancy, vacation, or a leave of absence.

Procedural Law

Laws that all parties must follow when investigating and prosecuting unlawful acts.

Substantive Law

Laws that determine rights and obligations of people derived from common law and statutes.

Liable

Legally responsible or obligated.

Branches of the federal and state governments

Legislative, Executive, Judicial

Misdemeanors

Lesser criminal offenses and include; Assault, battery, false imprisonment, perjury, shoplifting, and most cases, or operating while intoxicated. Punished by; Substantial fine, possible jail time under 1 year.

Disciplinary acts

License revoked; License is terminated and the person can no longer practice in that occupation in the state. License suspended; Person cannot practice in that occupation for a specific amount of time. License surrendered; Person voluntarily gives up license. Probation; Persons license is monitored for a specific period of time. Reprimand; Person is sent a warning or letter of concern.

Licensure

Licensing exam- Passing the states licensing exam and meeting the requirements. Endorsement- A state board grants a license to a person who is currently licensed in another state that has the same or stricter standards. Reciprocity- A state has written agreement with another state to recognize licenses issued by that state without additional review of the persons credentials.

Judicial

Made of: Supreme court (9 justices) Role: Interpret law, determine if laws and executive actions are constitutional.

Executive

Made of: The president Role: Creates budget, appoints judges, carries out law, make treaties with other nations, can veto bills from congress.

Legislative

Made of: Two houses of congress. Role: Make new federal laws, can impeach president/judges for misconduct, must approve all appointments for judges, budget spending, and treaties., can override presidents veto of a bill.

Negligent Torts

More common in healthcare because they are unintentional. The harm that is caused by negligence is the result of a persons carelessness. Examples; Malfeasance, misfeasance, and nonfeasance.

Emancipated minor

Must be 16 years or older and must meet one of the following; Married, in the military, living on their own and managing own money. Benefits; Can be a party in a contract, can sue, can keep earned income and apply for public benefits, may make all healthcare decisions regarding himself.

Contracts consist of

Offer; Made by one party. Acceptance; 2nd party agrees to the offer. Consideration; Each party exchanges something of value. Legal subject matter; The consideration must be legal. Competency and capacity; A person entering a contract must have the legal capacity to be held liable for the contract obligation.

Minor

One who has not reached adulthood; usually age 18 or 21, depending on the jurisdiction.

Expert Witness

People who are educated and knowledgeable in the area of concern; they testify in court and provide an expert opinion on the topic of concern.

Fact Witnesses

People who observed the situation and testify in court about the facts of the case.

Types of Liability insurance policies

Professional liability insurance, medical malpractice insurance, general or commercial (purchased by companies), and personal injury.

Civil laws

Protect and define private rights- Tort law; Applies when a person or place does a wrongdoing to an individual that causes injury or property damage. Contract law; Applies to agreements between two or more individuals or parties. Property law; Applies to personal property and real property. Family law; Applies to marriage, divorce, annulment, child custody and support, birth and adoption.

Scope of practice

Range of responsibilities and practice guidelines that determine the boundaries within which a healthcare worker practices.

Doctor of Medicine (MD)

Scope of practice; Trained in all areas of medicine to diagnose and treat illness and prescribe meds. Education; Beyond a bachelors degree, must complete 4 years of medical school and 2-4 year residency. Credential; Must pass all three parts of the US medical licensing exam

Doctor of Osteopathy (DO)

Scope of practice; Trained like MD, special trained in the nervous and musculoskeletal systems and their influence on health and disease. Education; Beyond a bachelors degree, must complete 4 years of medical school and 2-4 year residency. Credential; Must pass all three parts of the US medical licensing exam

Medical Assistant (MA)

Scope; Primarily works in ambulatory care settings. Performs admin, clinical, and CLIA- waived laboratory testing under the supervision of a provider. Education; Varies from 8 to 24 months; may get a diploma or an associate degree Credential; National certification exam optional.

Registered Nurse (RN)

Scope; Works in a wide range of positions, including clinical and admin; performs more advanced assessments, pt care, and treatments than LPNS. Education; 2-4 years

Licensed Practical Nurse (LPN)

Scope; works in long term care, ambulatory care, and hospital settings. Education; 1 year

Felony

Serious criminal offense and is classified to a degree, first degree being most serious. It includes; Murder, robbery, rape, sodomy, larceny, manslaughter, kidnapping, embezzlement, arson, mayhem, burglary, and treason. Punished by; Substantial fines and prison time over 1 year. (Prisons are usually operated by the state or federal government and are for long term stays.) Felons may prevent a person from voting and owning firearms and obtaining a job.

Criminal Laws

Statutes that define actions or omissions (lack of actions) that threaten and/ or harm public safety and welfare.

Damages

The defendant may have to pay for damages when a plaintiff wins a lawsuit. Types: Punitive damages; very large payment meant to punish the defendant. Nominal damages; Very small settlement because the plaintiffs injury was slight. Compensatory damages; A settlement for losses suffered. Losses can be related to loss of income, property damage, and medical care. General damages; A settlement for emotional pain and anguish, loss of future earning power. Special damages; A settlement for a specific dollar amount that directly relates to a medical bill.

Balance of power

The federal government was designed to allow for a balance of power. The three branches of government share power so that no one branch is more powerful than any other.

Tortfeasor

The individual or entity who committed the tort, either intentionally or as a result of negligence.

Accreditation

The joint commission: Accredits ambulatory care facilities, hospitals, behavioral facilities, home healthcare agencies, and laboratory services. National committee for quality assurance (NCQA): Accredits health plans. College of American pathologists (CAP): Laboratory accreditation program Commission on accreditation of Allied Health Education Programs (CAAHEP): Accredits specific allied health programs, including medical assisting. Accrediting Bureau of Health Education Schools (ABHES): Accredits both schools and specific allied health programs including medical assisting.

Intentional torts

The plaintiff must prove the defendant had specific intent to perform the action that caused the injury. Examples; Assault, battery, false imprisonment, fraud, defamation, and invasion of privacy.

Mediation

The process of facilitating conflicting parties to make an agreement, settlement, or compromise.

Incompetence

The state of being incompetent or lacking the ability to manage personal affairs due to mental deficiency; an appointed guardian or conservator manages the persons affairs.

Liability

The state of being liable or responsible for something.

Telemedicine

The use of telecommunication technology to provide healthcare services to patints at as= d

Common Law

Unwritten laws that come from judicial decisions based on societal traditions and customs.

Release of Tortfeasor

Used when the plaintiff had signed a release and received monetary compensation. the release indicated that plaintiff would give up all rights to sue.

Defenses to liability

When a defendants attorney accepts a case a defense is planned for the lawsuit. there are three main defenses used; Denial, technical, and affirmative. Denial; used when none of the facts are true. Technical; attorneys look for ways to have the case dismissed based on legal technicality. (statue of limitations, good samaritan law, release of tortfeasor, and res judicata.) Affirmative; means the defendant admits to wrongdoing, but the attorney introduces facts that support the defendants conduct in attempt to reduce defendants liability.

Interrogatory

Written or oral questions that must be answered under oath.