Law and Ethics Flashcards - Chapter 2
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Questions and Answers

What is the relationship between medicine and law?

The field of medicine and law are linked in common concern for the patient's health and rights.

What can help prevent medical malpractice?

  • Acting professionally (correct)
  • Ignoring legal updates
  • Properly documenting in the medical record (correct)
  • Maintaining clinical competency (correct)
  • What must a Medical Assistant prioritize?

    To act as the patients' advocate.

    What is abandonment in medical terms?

    <p>Withdrawal by a physician from a contractual relationship with a patient without proper notification.</p> Signup and view all the answers

    Define advance directive.

    <p>A statement of a patient's wishes regarding health care prior to a critical medical event.</p> Signup and view all the answers

    What is the appeal process in legal terms?

    <p>A process by which a higher court reviews the decision of a lower court.</p> Signup and view all the answers

    What constitutes assault in medical ethics?

    <p>An attempt or threat to touch another person without his or her consent.</p> Signup and view all the answers

    Define battery.

    <p>Actual touching of a person without his or her consent.</p> Signup and view all the answers

    What is a bench trial?

    <p>A trial in which the judge hears the case and renders a verdict, with no jury present.</p> Signup and view all the answers

    Define bioethics.

    <p>Moral issues and concerns that affect a person's life.</p> Signup and view all the answers

    What are blood-borne pathogens?

    <p>Viruses that can be spread through direct contact with blood or body fluids from an infected person.</p> Signup and view all the answers

    What does breach mean in legal context?

    <p>An infraction, such as breach of contract, in which the agreed-on terms are violated.</p> Signup and view all the answers

    What is civil law?

    <p>A branch of law that focuses on issues between private citizens.</p> Signup and view all the answers

    Define common law.

    <p>Traditional laws that were established by the English legal system.</p> Signup and view all the answers

    What is comparative negligence?

    <p>A percentage of damage awards based on the contribution of negligence between two parties.</p> Signup and view all the answers

    What is confidentiality in healthcare?

    <p>Protection of patient data from unauthorized personnel.</p> Signup and view all the answers

    What is consent in medical terms?

    <p>An agreement between a patient and physician to do a given medical procedure.</p> Signup and view all the answers

    Define contract.

    <p>An agreement between two or more parties for a given act.</p> Signup and view all the answers

    What is contributory negligence?

    <p>A defense strategy in which the defendant admits to negligence but claims that the plaintiff assisted in promoting the damages.</p> Signup and view all the answers

    What are damages in legal terms?

    <p>The resulting injury or suffering that resulted from negligence.</p> Signup and view all the answers

    What is defamation of character?

    <p>Making false or malicious statements about a person's character or reputation.</p> Signup and view all the answers

    Who is the defendant in legal terms?

    <p>The party that is accused.</p> Signup and view all the answers

    Define deposition.

    <p>A process in which one party questions another party under oath.</p> Signup and view all the answers

    What is a durable power of attorney?

    <p>A legal document giving another person the authority to act on one's behalf.</p> Signup and view all the answers

    What does duress mean in legal terms?

    <p>The act of compelling or forcing someone to do something that they do not want to do.</p> Signup and view all the answers

    Define emancipated minor.

    <p>A patient under the age of majority but who is legally considered to be an adult.</p> Signup and view all the answers

    What are ethics?

    <p>Guidelines for moral behavior that are enforced by peer groups.</p> Signup and view all the answers

    What is an expert witness?

    <p>A professional who testifies on the standard of care in a trial.</p> Signup and view all the answers

    Define expressed consent.

    <p>A statement of approval from the patient for the physician to perform a given procedure after the patient has been educated about the risks and benefits of the particular procedure.</p> Signup and view all the answers

    Study Notes

    • 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.
    • 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.
    • 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.

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    Description

    Explore the critical intersection of law and ethics in medicine with this Chapter 2 flashcard set. Understand the importance of professionalism, clinical competency, and proper documentation to prevent malpractice lawsuits. Enhance your knowledge of patient rights and healthcare team dynamics in a legal context.

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