HEALTH LAW & ETHICS
respondeat superior
"Let the master answer" an employer is vicariously liable for the behavior and/or actions of an employee working within his or her scope of employment
Americans with Disabilities Act (ADA)
Passed by Congress in 1991, this act banned discrimination against the disabled in employment, without consideration of his/her disability and mandated easy access to all public and commerical buildings; A disabled person is someone with a physical or mental impairment that substantially limits a major life activity, or someone who is regarded as having such an impairment, but an employer may not disqualify an employee or job applicant because of disability as long as he/she can, with reasonable accommodation, perform the essential functions of the job. An accommodation is not reasonable, however, if it would create undue hardship for the employer.
mitigate
make less severe or harsh; lessen or to try to lessen the seriousness or extent of or to moderate (a quality or condition) in force or intensity; alleviate; to lessen
damages
monetary award by the court to a person who has suffered loss or injury because of the act or omission of another; monetary compensation, including compensatory, punitive, and nominal damages.
codes of ethics
moral standards that provide a normative framework for professional actions. There is implicit acceptance of these codes upon acquiring membership in a discipline. A code of ethics outlines the primary goals, values, and obligations of the profession; these statements detail the type of behavior a professional should strive toward when performing his/her professional duties.
arbitration
resolution of a conflict by a neutral third party who studies both sides and imposes a settlement
the 3 law foundations
the purpose of law the writing of law the structure of law
jurisprudence
the science & study of the law
perjury
the willful giving of incomplete, deceptive, or false testimony in a legal document or while under oath in a court of law, a criminal offense
subpoena duces tecum
Latin phrase meaning, "under penalty take with you"; a court order requirement that documents be delivered or brought with you to court at an appointed date and time; a court order requiring a person to appear in court with certain records or other material to a trial or a deposition
electroejaculation
Method of collecting semen for artificial insemination or examination in which electrical stimulation is applied to the nerves to promote ejaculation; achieved by use of an electroejaculator, which is a probe and power source used in application of pulsed electrical current applied to the periprostatic plexus with the use of either a rectal probe or needle electrodes -successfully used in patients after spinal cord injury, retroperitoneal lymph node dissections, multiple sclerosis, transverse myelitis, and diabetes mellitus
Material Safety Data Sheets (MSDS)
OSHA mandated forms that inform employees about potentially hazardous materials used in the workplace, how to work safely with these materials, and what to do in case of an accident;written or printed material concerning the procedure for handling or working with a hazardous chemical that includes physical data, toxicity, health efffects, first aid, reactivity, storage, disposal, protective equipment, and spill/leak procedures;these data sheets are required for each hazardous chemical listed with a facility
socialized medicine
a healthcare system that is publicly financed and administered by the government; socialized medicine is, by definition, a health care system in which the government owns and operates health care facilities and employs the health care professionals, thus also paying for all health care services. the Veterans Health Administration is "actually socialized medicine, where the government owns the hospitals and employs the doctors." aka universal health care, a state-supported system of health care delivery in which health care is purchased by the government and sold to the consumer at little to no additional cost.
misfeasance
a lawful act that is performed in a wrongful or injurious manner; relating to negligence or improper performance during an otherwise correct act; a breach of duty by performance of a legal act in a manner that is harmful or injurious.
conscientious objector
a person who claims the right not to perform a specific action, usually for ethical or religious reasons
palliative
a remedy that improves but doesn't cure; relieving or soothing the symptoms of a disease or disorder without effecting a cure; a substance that eases the pain or severity of the symptoms of a disease, but does not cure it; an approach to patient care where comfort measures and pain relief are provided instead of trying to cure a patient's disease or medical condition
hospice
a supportive agency offering care and counseling to dying patients and their families; a program consisting of pallative and supportive services; provides psychological, financial, spiritual and social counseling. Main objective is to allow patient to die with dignity; medical and emotional care for the terminally ill
libel
a written or published falsehood that injures the reputation and defames someone; the communication of a false or defamatory statement that is written and/or seen
torts
a wrongful or illegal act of civil law not involving a contract; a legal wrong other than a breech of contract for which a remedy will be provided, usually in the form of monetary damages; examples: negligence/malpractice, libel, slander, invasion of privacy, assault and battery, false imprisonment, abandonment
beneficence
active charity, goodness, and charity quality of being kind or helpful or generous; the practice of doing good; to benefit the patient provide the best care possible engage in health promoting/disease prevention activities for individuals and the public pro-bono-services free of charge
donation principle
focuses on helping the less fortunate of society or those in need; examples include low-housing laws, welfare programs, disability laws and organ donation
morals
generally accepted standards of right and wrong in a society; a system of values and principles of conduct that promotes good customs and virtues while condemning bad customs and vices; a person's standards of behavior or beliefs concerning what is and is not acceptable for them to do
parent principle (parens patriae)
gov't enaction of laws which take on role of parent (referred to as "parens patriae"= Latin for "father of the people") which focus on laws that prevent us from harming ourselves; include public health laws and drug laws
law & ethics
law is concerned with doing what is right (not all legal decisions are ethical) ethics is concerned with doing the right thing (not all ethical decisions are legal)
key terms & definitions
law is to anatomy (structure) as jurisprudence is to physiology (function)
HOW THE LAW IS WRITTEN
laws are like instructions that tell society what we need to do and what we cannot do; serious problems can arise without reading the laws as regards healthcare; there are 3 different styles of writing healthcare laws: 1-apodictic law writing 2-casuistry law writing 3-definitional law writing
compliance
the adherence to a policy or rule; i.e. patient's consistency and accuracy in following the regimen prescribed by a physician or other health care professional
civil law
the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters.
malfeasance
the performance of an unlawful act through wrongdoing or misconduct; a breach of duty by performance of a wrongful or unlawful act; the performance by a public official of an act that is legally unjustified, harmful, or contrary to law.
ethics
the philosophical study of moral values and rules; the principles of right and wrong that guide an individual in making decisions, rules and standards for proper and responsible behavior; the study of moral choices that conform to professional standards of conduct
intestacy
the status of estate or property of a person who dies without having a valid will; when a decedent dies without a valid will and their estate property is distributed pursuant to a state statute; the division of property by descent and distribution
casuistry law writing
"casuistry": method of reasoning or legal analysis using conditions and results; these laws not only inform us as to the law is but also what the result is for breaking the law; (formula = breaking this condition (the law) equals this result (the punishment); more specific than apodictic but requires a law for almost every conceivable incident
licensure
A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors; a government agency authorizes an individual to work in a given occupation after the individual has completed an approved education program and passed a state board test
morality principle
often based on religious beliefs; these laws focus on that societal behavior deemed right or correct and catagorizes what the society will accept what will not be tolerated; host to most contoversial issues because society is dictating what is right or wrong; examples include abortions and cloning and stem sell research
certification
the credentialing process that confirms or guarantees that specific knowledge has been obtained or that a person has proven true proficiency in a task or skill or demonstrated expertise in a particular area; a process in which a person, an institution, or a program is evaluated and recognized as meeting certain predetermined standards to provide safe and ethical care
culture
the enduring behaviors, ideas, attitudes, values, and traditions shared by a group of people and transmitted from one generation to the next; the body of customary beliefs, social forms, and material traits that together constitute a group of people's distinct tradition; all the knowledge and values shared by a society
nonfeasance
the failure to take action when action is required; (omitting a drug dose that results in the client's death); failing to perform an act that is ones required duty or that is required by law (improper care or compliance with standards that result in injury/illness)
isolation
the measures taken to prevent the spread of disease, either from patient to patient or from patient to healthcare worker; practices that prevent the spread of infection and communicable disease; protective procedure designed to prevent the transmission of specific microorganisms; also called protective aseptic technique and barrier techniques
in vitro fertilization (IVF)
the most common assisted reproduction procedure, in which a woman's eggs are mixed with sperm in culture dishes (in vitro) and then carefully inserted into a woman's uterus; fertilization of an ovum outside of the womb
harm principle
the proposition that the only reason sufficient and legitimate to legally restrict individual liberty is the prevention of harm to others; examples include criminal laws and tort laws (negligence is a type of tort law)
reasonable person standard
the standard of behavior expected of a hypothetical "reasonable person"; a legal standard used to determine whether the actions of a party are warranted; this is the standard against which negligence is measured and that must be observed to avoid liability for negligence.
utilitarianism
the theory, proposed by Jeremy Bentham in the late 1700s, that government actions are useful only if they promote the greatest good for the greatest number of people; an ethical system stating that the greatest good for the greatest number should be the overriding concern of decision makers
res ipsa loquitor
the thing speaks for itself; a doctrine under which a plaintiff need not prove negligence on the part of the defendant because the facts speak for themselves; a legal theory whereby the mere occurence of an event infers causation
implied contract
the unwritten contract between a healthcare provider and a patient that has all the components of a legal contract and is just as binding; a contract in which the terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances; a contract formed in whole or in part from the conduct of the parties (as opposed to an express contract).
mediation
the use of a third party, called a mediator, who encourages both sides in a dispute to continue negotiating and often makes suggestions for resolving the dispute
altruism
unselfish concern for the welfare of others; selflessness, generosity; devotion to the interests of others; caring about the needs and happiness of other people more than about one's own; helping behavior that is beneficial to others but clearly requires self-sacrifice
negligence
failure to act with the prudence that a reasonable person would exercise under the same circumstances; when damages are caused by a breach of duty
advance directives
documents that indicate a patient's wishes in the event that the patient becomes incapacitated and unable to make decisions regarding medical care
apodictic law writing
"apodictic": pertaining to an expression or statement of absolute certainty (i.e. thou shall not kill) these types of laws leave very little room for interpretaion nor do they provide a result (consequence or punishment)
surrogate
(n.) one acting in place of another; a woman who carries and gives birth to another woman's (couple's) child
Occupational Safety and Health Administration (OSHA)
A government organization whose mission is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.
healthcare proxy
A durable power of attorney made for healthcare only decisions; designates someone to make health care decisions should you be unable to do so for yourself
reciprocity
A situation in which one state licensing authority will accept a person's valid license from another state without requiring reexamination.
Federal Government
A system of government in which the states form a union and the sovereign power is divided between a central government and the member states. A system of 3 branches, each with its own distinct and unique powers
covered entity
An entity that transmits health information in electronic form in connection with a transaction covered by HIPAA. The covered entity may be a helath care coverage carrier such as Blue Cross, a health care clearinghouse through which claims are submitted, or a health care provider such as the primary care physician; a provider who sends health information in electronic form in connection with a transaction covered by HIPPA
Article 1
Article of the Constitution establishes the first of the three branches of the government, the Legislature. Section 1 establishes the name of the Legislature to be The Congress, a bicameral, or two-part, body (The House of Representatives & The Senate); it was designed so that the people would be represented in government by both population and by state. the unique power granted, as reps of the people, is the ability to CREATE laws; their sole discretion in determining which laws will be created; final decision to create laws rests solely w/TheCongress, Bill of Rights;
Article 2
Article of the Constitution that defines the Executive Branch, it's powers, duties, and means of removal., Explains the job of the President (executive branch), which is to enforce laws; establishes that the Executive will be the Commander-in-chief and ensures that the supreme commander of the Armed Forces is a civilian; resposible for carrying out the day-to-day operations of the country
Article 3
Article of the Constitution that sets up the Judicial Branch and defines treason. Explains the job of the judicial branch which is to interpret laws, deals with the judicial branch, supreme court, lower courts, and lists the powers of federal courts and the kind of cases they hear; power of interpretaion is not arbitrary; rather must follow established rules when interpreting the law; judicial branch functions to settle disputes about the law and to make sure both gov't and society adhere to the law.
Bloodborne Pathogen Standard (OSHA)
Compliance methods for OSHA's Bloodborne Pathogen Plan include the use of: *universal precautions* which are an approach to infection control whereby all human blood and certain human body fluids are always treated as if they are potentially infectious for HIV, HBV and other bloodborne pathogens; *engineering controls* that isolate or remove the bloodborne pathogen hazards from the workplace; and *work practice controls* that reduce the lilelihood of exposure by altering the manner in which a task is performed. When occupational exposure remains after institution of these controls, *personal protective equipment* shall also be used.
common law
Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.
static principle
keeping the status quo in society includes rules that help society function smoothly; i.e. include administrative laws and laws relating to licensing and credentials
medical practice acts
State laws written for the express purpose of governing the practice of medicine; statute that governs the practice of medicine in a state; meant to protect the health and safety of the general public. also defines the penalties of practicing without a license.
Family Medical Leave Act (FMLA)
The Family and Medical Leave Act is a federal law which entitles employees up to twelve (12) workweeks of job-protected leave (including both paid and unpaid leave) during a twelve (12) month period as needed for any one or a combination of the following reasons: the birth, adoption or foster care placement of a child; care of the employee's spouse, child or parent with a serious health condition; serious health conditions of the employee, which make the employee unable to perform any one or more of the essential functions of his/her position; this was a fulfillment of a campaign promise (1993), which brought Clinton much popularity and improved worker rights.
de-identify
The act of removing from a health record or data set any information that could be used to identify the individual to whom the data apply in order to protect his or her confidentiality; the process of removing any information from documents, or restricting electronic access to information that a person is not authorized to receive.
Do Not Resuscitate (DNR)
a designation placed on a patients medical record indicating that in the case of cessation of circulation and breathing, artificial resuscitation is not to be done
living will
a document which governs the withholding or withdrawal of life-sustaining treatment from an individual in the event of an incurable or irreversible condition that will cause death within a relatively short time; the document will detail the situation and type of medical care the patient desires and contains the patient's instructions about the use of life-sustaining treatment, should the patient become incapable of expressing his/her wishes
slander
a false and mean-spirited statement meant to injure someone; the communication of a false or defamatory statement; negative oral remarks about another person that are spoken and/or heard
contract
an agreement between parties that the law will recognize; legally enforceable document between two or more parties that creates an obligation; usually regulated and enforced by the state in which it was made
euthanasia
an intentional action (voluntarily) or lack of action (involuntarily)causing the merciful death of someone suffering from a terminal illness or incurable condition; controversial practice of mercifully putting to death a person suffering from an incurable, painfully distressing disease (literally, "advantageous death")
chattels
any article of tangible property other than land, buildings, and other things annexed to land; pieces of property that can be moved such as furniture, an automobile, livestock
precedence
basing current action on lessons, rules, or guidelines derived from previous similar experiences; a decision by a past court that is used to determine the outcome of a current court case
U.S.Constitution
created by the Constitutional Convention to develop a new form of government for the sovereign nation (after the colonies won their freedom in the Revolutionary War) they accomplished the following 3 goals: 1-preamble limited gov't power, protect individual liberties 2-established federal gov't:allocate powers to 3 branches (legislative branch, executive branch, & judicial branch) 3-determined relationship between federal & state gov'ts
values
culturally defined standards that people use to decide what is desirable or undesirable, good or bad; the ideas, beliefs, attitudes about what is important that help guide the way you live
standards of care
degree of care, skill, competency and judgement, expected under like situations, by similarly trained personnel in the same community; the minimum written requirements that detail the responsibilities a professional will be held accountable for in the performance of his/her duties
pandemic
disease that occurs over a wide geographic area and affects a very high proportion of the population; an outbreak of a disease occurring over a large geographic area, possibly worldwide
PURPOSE OF LAW
every law serves a purpose (although not always apparent) there are 5 principles of law: 1-the harm principle 2-the parent principle 3-the morality principle 4-the donation principle 5-the static principle
battery
illegal touching of another person; physical harm to another causing damage; an offensive touching or use of force on a person without his or her consent.
quarantine
imposed isolation, most often used to contain individuals with highly contagious and/or deadly diseases; primary goal is to prevent the spread to the general public; (n) a condition, period of time, or place in which a person or animal is confined or kept in isolation in an effort to prevent a disease from spreading
Equal Employment Opportunity Commission(EEOC)
independent federal agency in the executive branch; this agency works to eliminate employment discrimination based on race, color, religion, gender, disability, age or other criteria unrelated to job performance. It investigates complaints of discrimination; files lawsuits in cases of discrimination and is responsible for enforcing equal opportunity laws and is charged with protecting the rights of employees; created under the Civil Rights Act signed by President Johnson in 1964
assault
intentional threatening with physical harm; any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat
artificial insemination
procedure in which semen is collected, stored, inserted into uterus or vagina without need for copulation; a process of fertilization in which a man's sperm is placed directly into a woman's vagina by a physician and not by sexual intercourse
Affirmative Action
programs intended to make up for past discrimination by helping minority groups and women gain access to jobs and opportunities; LBJ's executive order was designed to correct the effects of past discrimination; requirement by law that positive steps be taken to increase the number of minorities in business, schools, colleges, and labor
STRUCTURE OF THE LAW
provides the mechanisms for the application of the law; this would include the following: 1-who has authority to write laws 2-what courts are 3-who decides how the laws are enforced
definitional law writing
similar to casuistry laws in that they offer actions with consequences, except that these laws can apply to many different situations; the situations must meet the specific criteria that is the definition of the law
law
standards of conduct or a system of rules established by an authority
Preamble
states the fundamental purpose, principles and goals of the Constitution. most famous sentence in US history: "We the people, in order to form a more perfect union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
