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Basic Law & Ethics

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ethics
moral principles or code of right and wrong
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Terms

Definitions

ethics etiquette

moral principles or code of right and wrong standards of professional behavior

negligence

failure to act in a way a reasonable person would exercise under the same circumstances the failure to use the degree of care required under the circumstances a court order requiring appearance and/or testimony one who begins a lawsuit an individual or group being sued or charged with a crime established to listen and investigate patients' complaints about medical care or excessive fees. a binding agreement between two or more persons that is enforceable by law actions by a health-care worker that are considered reasonable as compared to healthcare workers in the same area (field) force or threats to make someone do something that they dont want to do The performance of a totally wrongful and unlawful act

breach of duty

subpoena

plaintiff defendant

medical arbitration panel

contract

reasonable care

duress

malfeasance mal = bad misfeasance mis = mistake non-feasance non = not done bioethics

Improper performance of a lawful act

Failing to perform an act that is one's required duty or that is required by law

the branch of ethics that studies moral values in the biomedical sciences offer

elements of

physician-patient contract 4 D's of Negligence

acceptance consideration duty - doctor owes duty yo patient derelict - to act a responsible physician would act direct care - injuries were directly caused by the doctor's negligence damages - injuries suffered by the patient Body of law dealing with private rights of individuals Concerned wit the transfer of property after an owner's death an assault in which the assailant makes physical contact intentional threat to physically or offensively injure another Damaging a person's reputation by making public statements that are both false and malicious spoken untruths that are harmful to someone's reputation.. DEFAMATION OF CHARACTER written untruths that are harmful to someone's reputation DEFAMATION OF CHARACTER An order of a court directing a party to appear, to testify, and to bring a specified documents or items. an official notice of a lawsuit that includes the date, time, and place of the initial court appearance negligence by a professional person

civil law

inheritance law

battery

assault

defamation of character

slander

libel

subpoena duces tecum

summons

malpractice

a minor can consent Pregnancy to treatment for Drugs & Alcohol STD'S a minor can give consent Controlled Substance Act if s/he is emancipated

requires a doctor who administers narcotics to be registered with the DEA and have a narcotics license one state granting a license to a physician in another state, when equal verification is shown -betrayal of confidentiality -fee splitting -gross immorality -excessive self indulgence -accepting assistance from an unlicensed layperson Willing betrayal of doctor-patient confidentially final result of a trial one who is engaged in a lawsuit lawsuit Law that involves crimes against the state -describes penalties, which range state to state A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract. assault & battery -21 yrs or older -good moral character -required education by the state

reciprocity

5 Examples unprofessional conduct

unprofessional conduct judgement litigant litigation criminal law

tort

licensure

-completed approved residency program -US citizen or/ declaration of intent -resident of the state -passed required written/ oral exams. rights of patient -choice of physician -whether to say when treatment will begin and set limits on care provided -informed consent -right to die -to assume the person claiming to be a doctor possesses has the required knowledge a token compensation awarded to recognize and individual's rights were violated, w/o actual loss proven for physical impairment, pain & suffering, loss of earnings or medial expenses as a result of negligence awarded beyond actual damages as the wrongdoer's punishment a legal agreement that allows an agent or representative of the patient to act on behalf of the patient. A document presented to physician and family indicating the patient's wishes at a time when they made be incapable of expressing their wishes for themself. "the thing speaks for itself" ...the physicians mistake speaks for itself. That period of time established by state law during which a lawsuit may be filed sharing a fee with another doctor or facility, not based on services performed making public or exposing a persons name,

nominal

compensatory

punitive

durable power of attorney

living will

res ipsa loquitor

statute of limitations fee-splitting

invasion of privacy

picture or private affairs w/o consent abandonment Leaving a patient after care has been initiated and before the patient has been transferred to someone with equal or greater medical training. Lack of physical or mental fitness unauthorized, untrue disclosure

incompetence defamation of character "like" physicians

physicians in the same specialty and same community Information given by the patient to medical personnel which cannot be disclosed without consent of the person who gave it " let the master answer " the employer,doctor, or facility is responsible for the actions of its employees "the thing has been decided" judgement of the court doctor owes duty yo patient injuries were directly caused by the doctor's negligence to act a responsible physician would act injuries suffered by the patient

priviledged communication

respondeat superior

res judicata

duty direct care

derelict damages

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