Law and Ethics Flashcards - Chapter 2

Legal and Ethical Considerations in Healthcare

• Medicine and law are interconnected, focusing on patient health and rights.
• Medical professionals face malpractice lawsuits; professionalism, clinical competency, and proper documentation are crucial for prevention.
• Building strong patient-provider relationships can minimize frivolous lawsuits and enhance healthcare quality.
• Medical ethics and bioethics involve complex, often controversial issues with no straightforward answers.
• As a Medical Assistant, advocating for patients and upholding ethical standards is paramount; reporting unethical conduct is essential.
• Continuously monitor legal updates affecting healthcare organizations; state bulletins provide information on new legislation.
• Each medical office should have legal counsel to interpret legal matters accurately.

Key Legal Terms

• Abandonment: When a physician withdraws from a patient relationship without proper notice, leaving the patient without necessary care.
• Advance Directive: Patient's preferences regarding healthcare decisions prior to critical medical situations.
• Appeal: Legal process where higher courts review decisions of lower courts.
• Assault: Threatening to physically contact another individual without their consent.
• Battery: Actual unauthorized physical contact with another person.

Court Processes and Ethical Frameworks

• Bench Trial: A trial conducted by a judge without a jury.
• Bioethics: Moral issues related to the preservation and quality of human life.
• Blood-Borne Pathogens: Viruses transmitted through exposure to infected blood or bodily fluids.
• Breach: Violating the terms of a contract.
• Civil Law: Legal branch addressing disputes between private individuals.

Negligence and Patient Rights

• Common Law: Laws established by historical legal precedents.
• Comparative Negligence: Allocating fault between parties based on negligence contributions.
• Confidentiality: Ensuring patient data is secure from unauthorized access.
• Consent: The patient's agreement for a medical procedure after understanding it.
• Contract: A legally binding agreement between parties.

Legal Defenses and Rights

• Contributory Negligence: Defendant admits negligence but asserts plaintiff's role in causing damages.
• Damages: Compensation for injuries resulting from negligence.
• Defamation of Character: False statements harming a person’s reputation.
• Defendant: The accused party in a legal matter.
• Deposition: A sworn statement gathered during legal proceedings.

Representation and Patient Autonomy

• Durable Power of Attorney: A legal authority allowing someone to act on another's behalf.
• Duress: Coercing someone to act against their will.
• Emancipated Minor: A minor recognized as an adult in legal terms.
• Ethics: Standards for moral behavior enforced by peer groups.

Professional Responsibility

• Expert Witness: A professional who provides specialized knowledge in court to aid decision-making.
• Expressed Consent: Clear, informed agreement from a patient for a specific medical procedure.
• Expressed Contracts: Formal agreements that outline the terms understood by the involved parties.