Medical Law/ Regulations

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  1. Tort
    Accidental/ intentional wrongful act by someone against another/ property.

    (civil law)
  2. Negligence
    Failure to preform professional duties prudently, according to accepted standard of care.

    (common tort)
  3. Nonfeasance
    Failure to act when duty indicated; resulted in injury to another.

    (civil law, negligence)
  4. Misfeasance *
    Improper performance of act; results in injury to another.

    (civil law, negligence)
  5. "Four D's" of Malpractice *
    1. Duty - Provider and patient relationship was established.   

    2. Dereliction - Provider neglected a professional obligation to act or acted improperly. 

    3. Direct cause - A negative outcome was a direct result from the providers actions or failure to act. 

    4.Damage - A negative act resulted in a patient sustaining harm.

    (civil law, negligence)
  6. Respondeat Superior *
    "Let the master speak"

    Provider may not be directly responsible, but is responsible for negligence of employees. 

    (civil law, negligence)
  7. Res ipsa loquitur *
    "Things speak for itself" 

    Negligence is obvious an event could not have occurred without negligence. 

    (civil law, negligence)
  8. Malpractice *
    Professional misconduct, lack of skill, wrongful practice, results in injury to another. 

    (civil law, negligence)
  9. Malfeasance *
    Committing improper (illegal) act; resulting in injury to another. 

    (civil law, negligence)
  10. Contract
    Dealing with created agreements made that are in enforceable obligations and rights.
  11. Implied consent
    • Result of actions.
    • (Provider treats a patient)
  12. Express contract
    Verbalize the agreement between two parties; oral or written.
  13. Consent
    An agreement between legally capable parties, legal intent is made; an offer is made and accepted, and transaction (service, payment) is made.
  14. Quid pro quo
    • Something for something.
    • (service for payment)
  15. Consenter
    Competent adult, emancipated minor (under 18), minors in armed forces, minor parents with custody, minors seeking sexually related treatment.
  16. Informed consent *
    Patient's right to know before agreeing to treatment, procedures, and care.
  17. Uniformed consent
    Patient gives permission without fully understanding.
  18. Advance directives *
    Document stating patient's wishes should they become incapable of making own decisions; signed and witnessed.
  19. Living will
    Patients wishes to not have certain life sustaining measures taken when prognosis is imminent death.
  20. Durable power of attorney
    Allows one to act on behalf of patient to determine use of heroic/ extraordinary measures. 

    (health care)
  21. OSHA **
    Occupational Safety and Health Administration

    -Regulates safety in workplace for employees and patients.
  22. IRS **
    Internal Revenue Service

    -Regulates payroll taxes
  23. CLIA**
    Clinical laboratory Improvement Amendments '88 

    -Regulates laboratory testing standards for quality assurance.
  24. DEA **
    Drug Enforcement Administration 

    -Regulates provider registration and all handling of controlled substance (meds) in office.
  25. Reciprocity *
    License to practice granted when one state recognizes and accepts another state licensing procedure.
  26. ADA **
    Americans with Disability Act 

    - Prohibits discrimination (with 15 or more employees) in employment practices; hiring, firing, leaves, terminations. Public accommodations must be made architecturally and to practice policies.
  27. Child Abuse Prevention and Treatment Act
    State mandates for reporting of suspected child abuse and neglect; all professionally trained personnel working with children must report this.
  28. Civil Rights Act
    Governs all forms of discrimination among employees, supervisors, employer.
  29. Controlled Substance Act **
    Initiated by DEA; narcotic/dangerous drugs regulation in prescribing, dispensing, administering due to potential abuse.
  30. ERISA
    Employee Retirement Income Security Act

    - Protects/regulates employee pensions.
  31. Equal Credit Opportunity Act
    Ensure all patients are offered extended credit; denial of offer must be based on inability-to-pay rational.
  32. EEOA **
    Equal Employment Opportunity Act 

    -Prohibits injury on job applicants of a race, color, sex, religion, national origin, medical history, arrest record, and past substance abuse.
  33. Fair Credit Billing Act
    Establishes time limits in billing complaints-patients have 60 days to complain; medical facility has 90 days to respond.
  34. Fair Debt Collections Practices Act
    Regulates debt collection practice; eliminates unfair practice.
  35. Fair Labor Standards Act
    Regulates employee wages and pay records, overtime pay, child labor.
  36. Family Medical Leave Act (FMLA) *
    Applies if employed 1 year; allows leave without position loss up to 12 weeks in sites employing over 50 persons. (birth, adoption, ill family member, own illness)
  37. Good Samaritan *
    Healthcare employee giving aid to non-pane individuals outside place of employment; employee protected from tort claims or liability.
  38. Health Insurance Portability and Accountability Act (HIPPA) *
    Provides national guidelines for healthcare privacy protection by: 

    1. New job, increased chance of health insurance coverage- continuous or new. 

    2. Ensures privacy of all health and identification information. 

    3. Patients shared information is just for: treatment, payment, medical office operations.
  39. Medical Practice Acts
    Each state statutes that govern practice of medicine (education, licensing and renewals, suspension and revocation of license)
  40. MSDS *
    Material Safety Data Sheets 

    -On hazardous products that site available to employees
  41. Patients' Bill of Rights
    American Hospital Association (AHA) guaranteeing patients certain rights (service, confidentiality, bill examination and understanding).
  42. Patient Self-Determination Act
    Requires  written information regarding rights, medical decision making, and execution of advance directives be provided by healthcare worker.
  43. Truth Lending Act (Regulation Z)
    Signed agreement for full debt payment over 4 payments; agreement also stipulates applied/non-applied finance charge.
  44. Arbitration
    The dispute between parties is settled by judgment buy an uninvolved third-party person (or group) mutually selected by disputing parties.
  45. Battery *
    Touching a person without a legally justifiable reason or non consensual that is considered to be harmful or offensive. (an intentional tort)
  46. Subpoena duces tecum
    Commands an individual to appear in court with a patient's medical records or other pertinent documents for the court.
  47. Defamation
    False, malicious communication to third party; works to damage a person's reputation.
  48. Defendant *
    Action (lawsuit) is being brought against this party.
  49. Emancipated minor
    • Under the age 18.
    • Responsible for his/her own debts.
  50. Libel
    Defamatory communication that is written.
  51. Moral
    Concern for ideas about right and wrong.
  52. Plaintiff *
    Party bringing the suit or claim to court.
  53. Slander
    Defamatory communication that is verbal.
  54. Standard of Care *
    The degree of care which a reasonably prudent person should exercise under the same or similar circumstances.
  55. Ethics *
    -Moral guidelines, principals, code of behavior, felt to be right when reflected upon.

    Continued education in field practice are contribution to community.
  56. Bioethics **
    Current biological technology; often life-and-death moral issues. Public makes choices; no laws govern that choice.
  57. License revocation/suspension *
    1. Convicted of a crime.

    2. Guilty of unprofessional conduct (dishonesty, falsifying records). 

    3. Incapable professionally/ personally (substance abuse, practicing out-side trained scope) .
  58. Civil crimes *
    -Crimes committed against individual or property buy an individual/organization.

    Individual/group prosecutes, and if found guilty, results and monetary compensation.
  59. Due care
    The duty to have adequate regard for another person's rights.
  60. Reasonable person
    A prudent person whose behavior would be considered appropriate under the circumstances.
Card Set
Medical Law/ Regulations
Medical Law/ Regulations
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