Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

DHE&P 2016 > Common Legal Terms > Flashcards

Common Legal Terms Flashcards

(114 cards)

Start Studying
1
Q

abandonment

A

discontinuation of a patient/provider relationship once it has been established

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

abuse

A

any care or relationship that harms, pains, or causes mental anguish to another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

accreditation

A

a nongovernmental process for ensuring that a predetermined set of standards has been met; used to assure the public that the graduates of a particular program are prepared to practice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

allegation

A

an assertion, claim, or statement of an individual in a legal proceeding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

amoral

A

to be without morals; that which is indifferent to morality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

assault

A

threatening to harm an individual; a type of tort or civil wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

assent

A

permission granted by a minor or another person who is unable to give consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

autonomous

A

independent and self-determining

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

autonomy

A

the principle of self-determination in a person; the right to participate in and decide on a course of action w/out undue influence; provides the foundation for a right to privacy and the ability to choose

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

battery

A

the commission of bodily harm against another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

beneficence

A

the principle of promoting good or well-being

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

breach of confidentiality

A

unauthorized release of confidential data, either spoken or written

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

breach of contract

A

the act of breaking a contract, agreement, promise, or legal duty by failing to perform a promised or required act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

case law

A

common law; law determined by court judgements, not by legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

character

A

collectively, the qualities that define a person or group of persons; a person’s moral nature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

civil action

A

legal action taken to protect the private right of individuals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

civil law

A

legal matters other than criminal ones; includes torts and contractual agreements
(legal matters other matters; criminal law–to govern society; torts –intentional or unintentional; contractual agreements–contract agreement)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

civil rights

A

the rights granted residents of the United States by the Constitution and legislative acts passed after the Civil War; freedom of speed, the right to vote, and freedom from discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

code of ethics

A

a set of rules or guidelines that address the ethical standards of a professional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

competency

A

having the knowledge, skill, and ability to perform a prescribed set of tasks or duties independently and with confidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

confidentiality

A

that which is entrusted or held in secret; the precept by which information shared by a patient during the course of receiving health care is kept in confidence by the health care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

consent

A

patient’s agreement to treatment; may be written, oral, or implied. a patient or guardian gives consent for a minor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

consequentialism

A

the theory that the rightness or wrongness of actions determined by consequences; also called teleology

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

contributory Negligence

A

an action or lack of action that contributes to the harm or injury of an individual and negatively affects his or her health status

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
criminal action
a legal action taken in a court of law to protect society
26
criminal law
a body of laws established for the purpose of preventing harm to society; describes what conduct is criminal and prescribes the punishment for criminal conduct; may be codified into criminal or penal codes
27
defamation
the act of maliciously making a false statement that injures another's reputation; termed libel if a written statement; slander if an oral statement
28
defendant
a person being sued in a civil case or charged with a crime
29
dental record
a written comprehensive, ongoing file of assessment findings, treatment rendered, notations, and contacts with the dental patient
30
deposition
a discovery method, out of court, in which information is given under oath of testimony of a party or witness and recorded by a court reporter; can be subject to cross-examination
31
discovery
the process by which or period during which each party involved in a lawsuit obtains information concerning the facts of the lawsuit; includes depositions, interrogations, and record copying
32
discrimination
the act of treating persons differently based on factors they cannot control, such as age, handicapping conditions, race, or gender
33
distributive justice
the just allocation and distribution of resources for the good of society
34
due process
the right of fair application of laws or regulations for each person; a process established to ensure fairness and equity
35
duty
action or conduct based on moral or legal obligation
36
emancipated minor
an individual younger than 18 years who is independent of a parent; laws can vary from state to state
37
employment
a situation in which an individual works for payment
38
equal employment opportunity commission
the federal agency that investigates claims of employment discrimination and sexual harassment
39
ethical analysis
the process by which ethical decisions are made using a structured format
40
ethical dilemma
a situation in which two or more ethical principles are in conflict
41
ethical theory
a systematic examination of morals involving critical reflection and analysis about what is right and wrong
42
ethics
the inquiry into the nature of morality or moral acts; values by which human beings live in relation to other human beings, nature, a higher power, and/or themselves
43
federal laws
laws enacted and upheld by the U.S. government
44
felony
serious crime, with stricter penalties than a misdemeanor or petty crime
45
fidelity
faithful to promises and obligations; a core value or ethical principle found in a code of ethics; closely related to veracity, trust and confidentiality
46
fiduciary relationship
a relationship based on responsibility b/w the patient and the health care provider
47
fraud
deliberate misrepresentation of facts or information
48
harassment
the act of annoying or threatening a person by work or deed
49
Hippocratic oath
an oath written by a physician in the fourth century, that is the foundation for most ethical codes in health care
50
impaired professional
an individual who has undergone professional training but who is no longer able to function in a professional capacity because of illness or substance abuse
51
implied
not specifically stated or written but capable of being inferred by action(s)
52
incident reporting
a written report that details the aspects of an accident or unusual situation
53
incompetent
nor mentally able; one who lacks skills or abilities
54
informed consent
the act of providing information to and ensuring the understanding of a patient regarding treatment risks, treatment options, and the nature of the disease or problem
55
injury
any wrong or damage done to another person, his or her rights, reputation, or property
56
injury causation
the required link b/w a patient's injury and a dental hygienist's breach of duty (i.e., the patient's injury must be caused by the dental hygienist's breach of duty
57
intentional tort
a civil wrong that occurs when an individual intends the results of an action
58
judgement
final decision by the court
59
jurisprudence
science or philosophy of law
60
justice
the principle that deals with fairness and the allocation of what people earn or deserve
61
liability
responsibility for the course of action
62
licensure
a process regulated by a governmental agency in which individuals are authorized to perform certain function
63
litigation
lawsuit
64
malpractice
professional services such as performed by a dentist or dental hygienist, done without reasonable care or skill or in violation of ethics
65
moral dilemma
a situation in which obligations and responsibilities are in conflict
66
moral distress
frustration from perceived powerlessness when what is happening appears to be wrong and the person is unable to act ethically
67
morality
that which is right and good; the quality of an action with regard to right and wrong
68
moral principles
a mode of choosing that which is universal
69
moral reasoning
the formulation of a morally ideal course of action; the process of judging what one ought to do in a specific situation
70
moral sensitivity
the process of interpreting a situation from a moral perspective; involves making inferences about thoughts, feelings, and perceptions of others; understanding
71
moral uncertainty
a state of questioning whether a moral obligation exists and/or the scope of that obligation
72
moral weakness
a state in which moral responsibilities and personal inclinations are in conflict
73
negligence
a lack of reasonable and prudent care resulting in harm
74
nonconsequentialism
theory where an action is right when it conforms to a duty or rule; also called deontological ethics or Kantian ethics
75
nonmaleficence
the principle that states the duty to avoid harming the patient, summarized in the phrase "do no harm"
76
oath
a solemn promise to do something or to follow some guideline(s)
77
obligation
a duty to conform to a rule or custom
78
paternalism
an act or action based on doing good for a patient, in the manner that a father would, but this is done w/out patient's full knowledge; an approach that limits a patient's autonomy
79
peer review
the process of allowing professional colleagues to critically examine treatment provided in a dental or dental hygiene case and render an opinion on the appropriateness of that treatment
80
plaintiff
injured person or guardian in a lawsuit the party who initiates or files a lawsuit
81
prima facie duty
considering only one single moral principle, the first principle to act on over another equally compelling principle; the duty that may be primary
82
primum non nocere
a Latin term meaning "first, do no harm"
83
professional autonomy
the concept that a professional who provides care for a patient, thereby establishing a provider-patient relationship, is not obligated to provide that care if it would involve performing unethical services
84
professional code
the written standards that detail the responsibilities of a particular group
85
professionalism
the quality of performing with the skill, knowledge, and abilities of a professional person; the possession of specialized knowledge and skill in a field of human endeavor
86
professional traits
characteristics desirable in a health care profession
87
quality assessment
a process used systematically and continuously to assess the quality of the patient care delivery system for the purpose of improvement
88
quality improvement
system to collect information that will lead to the improvement of procedures, processes, and outcomes
89
quid pro quo
a Latin term meaning "something for something"
90
regulation
a rule or restriction
91
relativism
the theory that truth is not absolute but is relative to circumstances, individual beliefs, cultural background, or other factors
92
res lpsa loquitur
Latin for "the deed speaks for itself"; "the cause"
93
respondeat Superior
Latin for "the master answers"; responsibility for the employer for the actions of the employees
94
risk factors
listing of structures, procedures, or processes that could lead to undesired outcomes
95
sanction
a penalty attached to a law to gain compliance
96
scope of practice
the broad range of duties legally defined for a particular health care provider
97
sexual harassment
a form of discrimination; involves unwelcome talk or touching or other actions regarding a sexual activity
98
standard
a quality or specific level of performance
99
standard care
the level and quality of care expected of a reasonable and prudent practitioner
100
statue
law
101
statue of limitations
the state law or part of a specific statute that specifies the period during which legal action must be taken
102
statutory law
a body of law created by acts of legislature
103
subpoena
legal summons requiring a person to report to a trial or to provide testimony
104
supervision
the act of directing or observing the activities of another person
105
technical assault
touching without permission but with not intention of harming; similar to technical battery
106
technical battery
touching without permission but with no intention of harming; similar to technical assault
107
testimony
statement, given under oath, regarding details of an event or occurrence
108
tort
a civil wrong in which another's person or property is harmed as a result of negligent or intentional acts
109
trait
a characteristic
110
unintentional tort
a civil wrong that occurs when an individual does not intend the results of an action
111
utilitarianism
the theory that an action is right when it conforms to a rule of conduct or judgement providing the greatest balance of good or evil; also termed deontology
112
value
a principle or concept considered worthwhile
113
veracity
truth-telling; honesty
114
virtue ethics
a theory that focuses on the character traits of an individual rather than on the individual's specific behavior

DHE&P 2016 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions