Chapter 3: Medical Assisting Legal and Ethical Issues

Question 1

rules of conduct with respect to a particular class of actions, based on ideas about what is morally good and bad

Answer 1

ethics

Question 2

the party that initiates a lawsuit by filing a complaint with the clerk of the court against the defendent(s) demanding damages, performance, and/or court determination of rights

Answer 2

plaintiff

Question 3

an act of continuing conduct of a physician or hospital that does not meet the standard of professional competence and results in provable damages to the patient

Answer 3

medical malpractice

Question 4

legislation enacted by congress and signed by the president

Answer 4

federal law

Question 5

allows supreme court ruling to be binding on state courts if involving a constitutional isse

Answer 5

supremacy clause

Question 6

legislation enacted by the state legislature and signed by the governor

Answer 6

state law

Question 7

the authority given by law to a court to try a case and rule on legal matters within a particular geographic area and/or over certain types of legal cases

Answer 7

jurisdictions

Question 8

the act of exercising the power and function of making laws that have the force of authority by virtue of their origin by a state legislature or U.S congress

Answer 8

legislating

Question 9

a federal or state written law enacted by the congress or state legislature respectively

Answer 9

statue

Question 10

legally enacted, derived authority from law

Answer 10

statutory law

Question 11

traditional unwritten law of England, based on custom and usage, which began to develop over a thousand years before the founding of the united states aka case law or the law of precedent

Answer 11

common law

Question 12

the party sued in a civil law suit or the party charged with a crime in a criminal prosecution

Answer 12

defendent

Question 13

guilty of neglect, lacking in due care or concern, act of carlesness

Answer 13

negligence

Question 14

a rule of evidence important in many malpractice suits, not a rule of substantive law

Answer 14

res ipsa loquitur

Question 15

involves a live person being questioned under oath by an attorney who is party to the proceeding and takes place prior to the case going before the judge and jury

Answer 15

deposition

Question 16

a private, judicial determination of a dispute and an alternative to court action (litigation) and generally just as final and binding

Answer 16

arbitration

Question 17

a type of dispute resolution where the parties to a lawsuit meet with a neutral third party in an effort to settle the case

Answer 17

mediation

Question 18

anything to which a person is liable, responsible, legally bound, debts or accounts payable (A/P) owed by the business

Answer 18

liability

Question 19

legal accountability for one’s acts or omissions

Answer 19

legal liability

Question 20

in criminal law the government attorney charging and trying the case against a person accused of a crime, or a common term for the governments side in a criminal case

Answer 20

prosecution

Question 21

a lesser crime than a felony, punishable by a fine and/or county jail time for up to one year

Answer 21

misdemeanors

Question 22

crime sufficentley serious to be punishable by death or a term in state or federal prison

Answer 22

felonies

Question 23

the burden that the plantiff or prosecution must meet in presenting their case; the measure by which evidence is judged to show a “preponderance of evidence” in a civil action and “beyond a reasonable doubt” in a criminal case

Answer 23

standard of proof

Question 24

being sure of a criminal defendants guilt to a moral certainty

Answer 24

beyond reasonable doubt

Question 25

the death of a human being as the result of a wrongful act of another person

Answer 25

wrongful death

Question 26

the greater weight of the evidence required in a civil lawsuit for the trier of fact *jury or judge without a jury* to decide in favor of one side or the other. Based on the more convincing evidence and its probable truth or accuracy, and not the amount of evidence

Answer 26

preponderance of the evidence

Question 27

unlawful killing of another with malice a forethought

Answer 27

murder

Question 28

unlawful killing of a human being without malice

Answer 28

manslaughter

Question 29

upon a sudden quarrel or heat of passion

Answer 29

voluntary manslaughter

Question 29

in the commission of an unlawful act. . .or without due to caution and circumspection, of a lawful act which might produce death

Answer 29

involuntary manslaughter

Question 30

unlawful taking of money or goods of another from their person/or in immediate presence by force or intimidation

Answer 30

robbery

Question 31

involves taking of money or property belonging to another

Answer 31

burglary

Question 32

branch of common law. examples include car accidents, product liability, slander and libel, and medical malpractice

Answer 32

torts

Question 33

damages recovered in payment for actual injury or economic loss, which does not include punitive damages

Answer 33

compensatory damages

Question 34

damages awarded in a lawsuit as a punishment and examples to others for malicious, evil, or fraudulent acts

Answer 34

punitive damages

Question 35

written form of defamation

Answer 35

libel

Question 36

spoken defamation

Answer 36

slander

Question 37

the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances word exercise

Answer 37

standard of care

Question 38

let the master answer

Answer 38

respondent superior

Question 39

attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal lawsuit

Answer 39

vicariously liable

Question 40

a statue prescribing a period of limitations for bringing certain kinds of legal action

Answer 40

statue of limitations

Question 41

carelessness to the point of reckless disregard for the safety or lives of others and so great it appears to be a conscious violation of other peoples right to safety, more than simple negligence or mistake; less than intentionally evil

Answer 41

gross negligence

Question 42

a specific proposal to enter into an agreement with another; an offer is an essential component of an enforceable contract

Answer 42

offer

Question 43

agreeing verbally or in writing to the terms of a contract, which is one of the requirements of an enforceable contract

Answer 43

acceptance

Question 44

when the patient directly communicates their consent to the physician

Answer 44

express consent

Question 45

the legal requirements for obtaining consent before providing medical care has always been tempered by the privilage to render emergency medical care without the patients consent

Answer 45

implied consent

Question 46

having the mental competency to make health care decisions or execute a will at the time the will was signed and witnessed

Answer 46

capacity

Question 47

permission given for something

Answer 47

consent

Question 48

a person who has been appointed by a judge to take care of a minor child or incompetent adult personally and/or to manage that persons affairs

Answer 48

guardian

Question 49

like insanity, is a legal status, not a medical condition

Answer 49

incompetence

Question 50

a person who is not legally an adult and may not require parental permission for medical or surgical care

Answer 50

emancipated minor

Question 51

one that acts or has the power or authority to act for another

Answer 51

agent

Question 52

"to hold the place of, to substitute for" a physician who substitutes temporarily for another

Answer 52

locum tenens

Question 53

communication between parties to a confidential relation such that the receipent cannot be legally compelled to disclose it as a witness

Answer 53

privilaged communications

Question 54

the use of any kind of physical force that may result in bodily injury, physical pain, or impairment

Answer 54

physical abuse

Question 55

failure or refusal of a caregiver or other responsible person to provide for elders basic physical, emotional, or social needs, or failure to protect the elder from harm

Answer 55

neglect

Question 56

aka financial abuse, is the unauthorized or improper use of the resources of an elder for monetary or personal benefit, profit, or gain

Answer 56

exploitation

Question 57

an act of congress that affords certain protections to persons covered by health care plans

Answer 57

health insurance portability and accountability act (HIPAA)

Question 58

court process initiated by a party in litigation compelling production of specific documents and other items, and material in relevance to facts at issue in pending judicial proceedings

Answer 58

subpoena duces tecum

Question 59

requires any health care provider accepting medicare or medicaid to inform patient 1)of their right to accept or refuse treatment, 2)of their rights regarding advanced directives under state law, and 3)of any hospital or providing policies regarding with-holding life-sustaining equipment

Answer 59

patient self-determination act

Question 60

a living will; a document written in advanced, that states the patients wishes regarding end-of-life care

Answer 60

advanced directives

Question 61

a legal document authorizing a person to act as another's attorney, legal representative, or agent

Answer 61

power of attorney

Question 62

advanced directive; a document written in advance, that states the patients wishes regarding end-of-life care

Answer 62

living wills

Question 63

aka health care power of attorney, it is an instruction from the patient to all who might need to know that the patient has empowered a representative to make health care decisions and the discontinued of life support

Answer 63

durable power of attorney

Question 64

establishes national standards to protect individuals electronic personal health information that is created, received, used, or maintained by a covered entity

Answer 64

HIPAA Security Rule

Question 65

provides federal protection for personal health information held by covered entities and gives patients on array of rights with respect to that information

Answer 65

HIPAA Privacy Rule

Question 66

applies to almost every kind of health insurance plan. An exception made for employer-sponsered plans that have fewer than 50 employees and for certain government programs such as food stamps

Answer 66

health insurance plans

Question 67

any provider who uses electronic transmission of data as part of a standard transaction

Answer 67

providers

Question 68

any person or organization performing work for a covered entity in which they might recieve personal health information is also covered

Answer 68

business associates

Question 69

provides a digital footprint of each and every access an operator makes within the electronic record

Answer 69

Electronic Health Record (EHR)

Question 70

protects individuals who decide to provide help and serve those who are injured

Answer 70

good samaritan act

Question 71

a template for public policy developed to ensure that versions of legislation governing organ donations are substantially the same from state to state

Answer 71

uniform anatomical gift act

Question 72

governs physician self-referral for medicare and medicaid patients

Answer 72

stark law

Question 73

identification of all exposure to financial loss of business and includes the selection of techniques to manage those exposures

Answer 73

risk management

Question 74

pertaining to distinction of "right" and "wrong"

Answer 74

morals

Question 75

independence of freedom of an individuals will; the right to choose

Answer 75

autonomy

Question 76

the doing of good for another; the act of caring

Answer 76

beneficence

Question 77

the obligation of a physician not to harm the patient

Answer 77

non-maleficence

Question 78

principle by which we as a society, decide to allocate resources that are in scarce supply

Answer 78

distributive justice

Question 79

artificial termination of pregnancy

Answer 79

abortion

Question 80

intro of semen into the oviduct or uterus by artifical means

Answer 80

artificial insemenation

Question 81

helping a terminally ill person to commit suicide

Answer 81

assisted suicide

Question 82

birth controls by using various contraceptive measures

Answer 82

contraception

Question 83

a process whereby the body of a seriously ill or a deceased individuals is frozen to stop the decomposition of tissue

Answer 83

cryonics

Question 84

improving genetic qualities by means of selective breeding

Answer 84

eugenics

Question 85

killing an individual (or animal) without making them suffer from pain

Answer 85

euthanasia

Question 86

the process of replacing defective genes with normal or genetically altered genes

Answer 86

gene therapy

Question 87

consumption of food derived from genetically modified organisms

Answer 87

genetically modified food

Question 88

creating a genetically identical copy of a human

Answer 88

human cloning

Question 89

overcoming the limitations of the body by artificial means

Answer 89

human enhancement

Question 90

attempts either to slow down or reverse the process of aging to maximize life span

Answer 90

life extension

Question 91

resorting to medical equipment to keep an individual alive

Answer 91

life support

Question 92

a surgical procedure where a failing or damaged organ in the human body is removed and replaced with a new one

Answer 92

organ transplantation

Question 93

brain surgery carried out to ease the complications associated with mental or behavioral problems

Answer 93

psychosurgery

Question 94

robots can be used in health care to streamline tasks, reduce workload, and offer precise surgery

Answer 94

robotics

Question 95

medical procedures pertaining to sex reassignment of both transgender and intersex individuals

Answer 95

sex reassignment therapy

Question 96

the act of killing oneself

Answer 96

suicide

Question 97

a process where by a woman agrees to carry and deliever a child for a contracted party

Answer 97

surrogate

Question 98

a dispute over the morality, ethics, effectiveness, and safety of the vaccination process

Answer 98

vaccination

Question 99

surgical procedure in which tissue or a whole organ is transferred from one species to another

Answer 99

xenotransplantation

Question 100

a framework of evaluating

Answer 100

professional ethics

Question 101

the standards by which an organizational will hold itself accountable to proper conduct; represents the values by which the organization conducts its business

Answer 101

organizational ethics

Question 102

beliefs that are important to a person or organization, which influence attitudes or behavior

Answer 102

values

Question 103

belonging to ones self inherently, motivation coming from within an individual

Answer 103

intrinsic

Question 104

originating from outside ones self motivation comin from factors outside of an individual

Answer 104

extrinsic