Medical Legal and Ethics Exam
Bonding
Insurance against embezzlement for employees who handle financial matters
privileged communication
Info shared in protected relationship
List and discuss legal and illegal applicant interview questions
Race, Color, or National Origin. Religion. Sex, Gender Identity, or Sexual Orientation. Pregnancy status. Disability. Age or Genetic Information. Citizenship. Marital Status or Number of Childre
Beyond a _____ doubt is a stricter standard by which criminal evidence is proved.
Reasonable
Professional Ethics
Written rules of conduct that are adopted by and binding upon members of a professional group.
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. STATE STATUTE
Locum tenens
a substitute physician
Natural Law Theory
a theory- morally right action dictates nature
Defendant
an individual or group being sued or charged with a crime
Negligence
careless neglect, often resulting in injury
Expressed consent
consent given by adults who are of legal age and mentally competent to make a rational decision in regard to their medical well-being
Personal Injury Protection (PIP)
coverage for medical, hospital, and funeral costs of the insured and passengers in the event of an auto accident
Personal injury insurance
covers libel, slander, false arrests, defamation of character
Statute of limitations
defines the period of time established by state law by which a lawsuit may be filed.
Medical Durable Power of Attorney (Health care proxy)
designates another person to make health-care decisions for a person if the client becomes incompetent or unable to make such decisions
Good Samaritan Act
developed to protect healthcare professionals from liability of any civil damages as a result of rendering emergency care
Wagner Act (1935)
established National Labor Relations Board; protected the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activity in support of their demands.
National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research
established in 1974, addresses guidelines for ethical treatment of human subjects
Nuremberg code
ethical code of conduct for research that uses human subjects
Utilitarian Theories
evaluates the rightness or wrongness of an action based on the consequences of that action
Schedule 1 Drugs
Drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote
Minors can consent to treatment if
Either,they are married, or substantially independent of their parents and are self-sufficient.
ERISA
Employee Retirement Income Security Act; US tax and labor law that deals with pension plans in private industry, and rules on the federal income tax effects of transactions associated with employee benefit plans.
Patterns in distribution of knowledge
Equality, merit, need, and effort
End of Life issues
Extend/preserve life. Examples: Medications, life-saving treatment. Incapacitated patient. Examples: Advance Directive, Hospice.
A _____ is a crime that is punishable by death or imprisonment for more than one year.
Felony
W.D Ross's prima facie duties
Fidelity, reparation, gratitude, non-injury, justice, beneficence, self-improvement.
Louise Brown
First test tube baby
Willowbrook Hepatitis Study
Gave children with mental retardation hepatitis in order to track the progression of the disease and to test treatments
Inserting a normally functioning gene into cells in which an abnormal or absent element of the gene has caused disease
Gene therapy
All institutions receiving federal research funding should have an
IBR, institutional review board
beneficience and nonmaleficence
2 ethical principles that connect with medical indications
National science foundation's ethics and in Science and technology
"developed applied medical ethics courses for medical students and college undergraduates." Excerpt From Medical Ethics for Physicians NetCE
Indemnity
"security against loss or damage"
Privacy Rule of HIPPA
* Protected Heath Info~ Info about HC and status * Authorization~ written permission in plain language * confidentiality~ discretion when dealing with Health info * Disclosure- release/ transfer/ giving access to Info
Genetic Information Nondiscrimination Act of 2008 (GINA)
1. Addresses potential abuses based on genetic information in the absence of the manifestation of a condition 2. Amends federal healthcare and employment-related laws - ERISA -Social Security Act - Civil Rights Act - Public Service Health Act - HIPAA 3. Empowers government enforcement 4. Creates review commission in 2014 5. Applies prohibitions to health insurance providers
Philosophy
A basic viewpoint or system of values, general beliefs, concepts, and attitudes
Res Judicata (Claim Preclusion)
A claim cannot be retried between the same parties if it has already been legally resolved
Living will/advanced directives
A document that indicates what medical intervention an individual wants if he or she becomes incapable of expressing those wishes.
Patient Self-Determination Act (PSDA)
A federal law that mandates that every individual has the right to make decisions regarding medical care, including the right to refuse treatment and the right-to-die
AAMA
A national association providing continuing education, professional networking opportunities, and certification examination to its members.
Informed consent
A written agreement to participate in a study made by an adult who has been informed of all the risks that participation may entail.
A physician who finds it impossible to extract payment from a patient may decide to break the physician-patient relationship
Abandoment
Withdrawing medical care from a patient without providing sufficient notice to the patient
Abandonment
Reproductive issues
Abortion, human cloning, surrogate pregnancy
Malfeance
According to tort law, the performance of an act that is wholly wrongful and unlawful
ABHES
Accrediting Bureau o Health Education Schools; also grants accreditation o medical assisting programs
Safeguarding Information
Administration, Technical, Physical
When a noncompliant patient leaves a hospital without a physician's permission, it is known as _____.
Against medical advice
Americans with Disabilities Act Amendments Act (ADAAA)
An act that expands the definitions of disability formerly adopted by the ADA.
Virtue Ethics
An ethical philosophy claiming that morality's primary function is to develop virtuous character
CAAHEP (Commission on Accreditation of Allied Health and Education Programs)
An independent agency that provides accreditation for medical laboratory professional programs
Mature minor
An individual younger than 18 with the maturity to provide informed consent for certain medical procedures
A physician who promises a cure could be charged with
Breach of contract
AAMA code of ethics
Describes ethical and moral standards that medical assistants are expected to follow.
The technical safeguards that protect the confidentiality, integrity, and availability of health information covered by HIPAA are known as the
Changing password, encryption, and safe-guard against virus
The fact that an individual is a patient of the practice is
Confidential information
_____ is the voluntary agreement that a patient gives to allow a medically trained person permission to touch, examine, and perform a treatment.
Consent
John Rawl's Theory of Justice
Decision Rule -greatest benefit to the least advantaged Biggest pro -"unbiased" approach to social justice Biggest Con -denies free will, meritocracy
The strongest form of regulation
Licensure
Discuss licensure and certification as they apply to healthcare providers
Licensure- state's grant of legal authority to practice a profession within a designated scope of practice. It is required in order to practice or to call oneself a licensed professional Certification- providing the public protection on those individuals who have successfully met all requirements for the credential and demonstrated their ability to perform their profession competently. It is a voluntary process, although certification can be mandatory or required to practice in certain states.
Consumption and conservation of resources (for example: population ethics)
Life boat theory
Code of Ethics
List of written statement describing proper conduct for a group of people. Directs behavior of role belonging to the group and connects groups decisions when ethical problem.
Which of the following is a licensed ambulatory health care worker? Medical assistant Pharmacy technician Phlebotomist Cardiovascular technologist Nurse practitioner
Nurse Practitioner
Emancipated minor
Person who is not 18 but has the same legal rights as an adult
Moral
Personal ethics, persons personal beliefs about what's right and wrong
Risk Management
Process identification, evaluation, and prevention of threats.
Tuskegee Syphilis Study
Research study conducted by a branch of the U.S. government, lasting for roughly 50 years (ending in the 1970s), in which a sample of African American men diagnosed with syphilis were deliberately left untreated, without their knowledge, to learn about the lifetime course of the disease.
Confidentiality
Respecting the privacy of both parties and keeping details secret
Respondent superior
Responsibility of an employer for the acts of an employee
Paternalism/ Maternalism: definition
Reward and approval are bestowed on people in return for loyalty and obedience; failure to comply leads to punishment
Summarize the Patients' Bill of Rights
Rights: Choose provider Respect Privacy Make grievance Emergency service Make HC decision
Describe components of the Health Information Portability & Accountability Act (HIPAA)
Rights: Privacy- protect health info Security- keep confidential records secure Transaction and Code Set- all medics transactions and codes SAME nationwide Health Insurance accountability, portability and renewability- keep insurance even w/ no job or change job.
Ethics
Rules of proper conduct among a group of individuals
Quid pro quo
Something for something
Standard of Care
The degree of care that a reasonable person should exercise under similar circumstances
The Occupational Safety and Health Administration (OSHA) requires that health care workers be tested annually for communicable diseases, name one.
Tuberculosis
Links
https://www.koofers.com/flashcards/hsad-final-exam-1/review https://cehe.instructure.com/courses/24321/quizzes/356852?module_item_id=1004736 http://www.thaddeuspope.com/images/Pope_-_MLEOL_Syllabus_S12_FINAL.pdf https://www.studyblue.com/notes/note/n/healthcare-law-and-ethics-test-1-chapters-1-3/deck/1676700 https://www.excelsior.edu/wp-content/uploads/sites/46/2019/01/Exam_Content_Guide_Bioethics.pdf https://www.proprofs.com/quiz-school/story.php?title=medical-law-ethics-final-exam
autonomy
independence
liability insurance
insurance that provides protection from claims arising from injuries or damage to other people or property
Health Information Technology for Economic and Clinical Health (HITECH) Act
law promoting the adoption and use of health information technology
Animal Rights (example Tom Regan)
non-human animals have moral rights because they are the "subjects-of-a-life," and that these rights adhere to them whether or not they are recognized.
Patient incompetence
not legally qualified; especially: incapable due to a mental or physical condition
Karen Ann Quinlan
persistent vegetative state, taken off life support in 1976 and lived 10 more years. Rights to die case
Kantian Theories
principle that we must always follow despite any natural desires or inclinations we may have to the contrary. Good is the only way. If a decision is not good for all, then you can't do it.
Malpractice
professional negligence
Personal Ethics
provide personal guidelines for living
Fair Labor Standards Act
provides for overtime pay and a minimum wage. Prohibits child labor
The granting of a license to practice medicine by one state, when the original license has been issued in another state, is called licensing by
reciprocity
Eugenics
science dealing with improving hereditary qualities
Arbitration-mediation
settling a dispute by agreeing to accept the decision of an impartial outsider (third party)
Implied consent
the consent it is presumed a patient or patient's parent or guardian would give if they could, such as for an unconscious patient or a parent who cannot be contacted when care is needed
Subpoena duces tecum
the court command to a witness to produce at trial a certain pertinent document he or she holds
Moral status
the property of being a suitable candidate for direct moral concern or respect
Res ipsa loquitor
the thing speaks for itself
Care Ethics
type of ethics put forth by feminists that focuses on particular personal relations rather than the universal application of rules
Schedule 2 Drugs
• High abuse potential • Accepted medical use • Severe physical and/or psychological dependence Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin
Schedule 3 controlled substances
• Less abuse potential than schedule 1&2 drugs • Accepted medical uses • Moderate or low physical dependence • High psychological dependence Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone
Schedule 4 Drugs
• Lower abuse potential than schedule 3 drugs • Accepted medical uses • Limited physical or psychological dependence Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol
Schedule 5 Drugs
• Lower abuse potential than schedule 4 drugs • Accepted medical uses • Limited physical or psychological dependence cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin
