Med Assistant Chapter 3: Legal Principles

Legal Principles for Medical Assistants

• Arbitration: A dispute resolution process where parties submit their conflicts to a court-appointed individual for a legally binding decision.
• Common Law: Unwritten laws resulting from judicial decisions based on societal customs and traditions.
• Damages: Monetary compensation awarded in civil cases for losses or injuries, critical in negligence cases where patients suffer recognized injuries.
• Declaratory Judgment: A court ruling that clarifies the legal rights of the parties involved.
• Defendant: The individual or business being sued in a legal proceeding.
• Defense: A strategy employed by the defendant to negate liability in a lawsuit.
• Deposition: A sworn testimony given before a court officer, used in legal discovery and potentially in trial.
• Emancipated Minor: A minor legally granted emancipation, assuming adult rights and responsibilities.
• Incompetence: The inability to manage personal affairs due to mental deficiency; typically, a guardian is appointed.
• Injunction: A court order mandating a party to undertake or abstain from specific actions.
• Interrogatory: Questions requiring sworn answers, either written or oral.
• Liability: The state of being legally responsible for something.
• Liable: Legally obligated or accountable for the consequences of actions.
• Licensure: A state-mandated process ensuring compliance with legal standards for practicing specific professions.
• Litigious: A tendency to engage in lawsuits frequently.
• Locum Tenens: A term for professionals temporarily covering vacancies in healthcare facilities.
• Malpractice: A form of negligence by a licensed professional failing to meet the standard of care, resulting in harm.
• Mature Minor: A minor who demonstrates the maturity to make informed healthcare decisions.
• Mediation: The facilitative process where conflicting parties reach a settlement or compromise.
• Negligence: Failure to act with reasonable care, resulting in harm to others.
• Patient Abandonment: A breach of the provider-patient relationship, occurring when a provider terminates care without adequate notice.
• Plaintiff: The individual or party initiating a lawsuit.
• Precedent: A prior court decision that serves as a model for resolving future similar legal cases.
• Res Ipsa Loquitur: A principle allowing minimal evidence from the plaintiff when negligence is clear, e.g., leaving a surgical tool inside a patient.
• Res Judicata: Legal doctrine meaning a case that has been decided cannot be re-litigated.
• Respondeat Superior: Doctrine holding employers accountable for wrongful actions of employees conducted within the scope of their duties.
• Subpoena: A legal order compelling an individual to appear in court and testify.
• Subpoena Duces Tecum: A legal request for a person to provide specified evidence (e.g., health records) to court.
• Telemedicine: The use of telecommunications to deliver healthcare services remotely, particularly in rural areas.
• Tort: A civil wrongdoing causing harm to a person or property, distinct from contract breaches.
• Tortfeasor: The individual or entity committing a tort, through negligence or intentional wrongdoing.
• Case Law: Law established by previous judicial decisions and legal precedents.
• Regulatory and Administrative Law: Governs procedures and regulations set by government agencies.
• Statutory Laws: Laws enacted by legislative bodies at state and federal levels.
• Substantive Law: Defines rights and obligations, encompassing various branches of law such as civil, criminal.
• Procedural Laws: Rules governing the process of investigation and prosecution in legal matters.
• Civil Laws: Protect private rights related to contracts, family law, and personal injury.
• Types of Negligent Torts: Include malfeasance (wrongful act), misfeasance (improper performance of an act), and nonfeasance (failure to act).
• Constitutional Law: Derived from federal and state governments' constitutions.
• Contract Elements: Essential components of contracts include offer, acceptance, consideration, legal subject matter, and competency.
• Provider-Patient Relationship: Legally binding obligations exist; physicians must care for patients while patients must comply with treatment plans.
• Informed Consent: Essential for treatment; includes understanding diagnosis, treatment risks, and alternatives.
• Patient's Bill of Rights: Outlines patients' rights under law, fostering informed decision-making and respect for choices.
• Licensure and Scope of Practice: Regulate healthcare professionals to ensure compliance with educational and training standards.
• Types of Liability Insurance: Includes professional liability, medical malpractice, and general liability insurance for protection against claims.
• Accreditation: Certification process for organizations meeting established standards, ensuring quality in education and healthcare services.

Test your knowledge on key legal principles relevant to medical assistance with this flashcard quiz. Covering terms like arbitration, common law, and damages, this quiz will bolster your understanding of the legal aspects of healthcare. Ideal for those preparing for a career in medical assistance.