Chapter 5 Flashcards
rule of conduct or action prescribed or formally recognized as binding
law
standards of behavior based on concepts of right and wrong
ethics
what are the 2 main classifications of law
criminal and civil
person making the claim in a court setting
plaintiff
person or entity being charged in a court setting
defendant
crime towards the government/state
criminal law
crime towards an individual
civil law
civil wrong committed against a person or property that causes physical injury or damage to property or deprives them of their freedom
tort
action that causes bodily harm to another
battery
open threat of bodily harm to another
assault
intentional deception or misrepresentation of services that an individual knows to be false
fraud
when a healthcare practitioner fails to exercise reasonable care and the pt is injured
negligence
what 4 things need to be included for a contract to be legally binding?
- agreement
- consideration
- legal subject matter
- contractual capacity
conduct or action that indicated acceptance and creates the contract
implied contract
MA’s are held to ________ in and out of the clinic
reasonable person standard
list of standards the pt can expect in healthcare
patient care partnership (formerly bill of rights)
pt’s right to receive all info about their condition to make a choice regarding treatment based on knowledge
informed consent
what are the 4 D’s of negligence?
- Duty - shows pt/physician relationship
- Derelict - physician failed to comply with standards of the profession
- Direct cause
- Damages - proves injury
an employee is considered to be acting on the doctors behalf
Law of Agency
what are 4 reasons patients sue?
- unrealistic expectations
- Poor rapport/communication
- greed
- poor quality of care
what are the 4 C’s of Medical Malpractice?
- caring
- communication
- competence
- charting
what are 3 ways effective communication can prevent lawsuits?
- develop good listening skills
- all pt’s & reps signed informed consent
- avoiding statements that can construed as guilt (“sorry”)
what does the FDA require drug manufacturers to perform before a drug can be given to humans?
clinical trials
what company studies, approves, and monitores all drugs?
FDA
