Legal and Ethical Issues

Question 1

What is law?

Answer 1

rule of conduct or action
- legally binding
- enforced by a controlling authority

Question 2

What are ethics?

Answer 2

standard of behavior
- right or wrong that go beyond legal considerations

Question 3

What is criminal law?

Answer 3

addresses rules and statutes that define wrongdoings

Question 4

What is a misdemeanor?

Answer 4

less serious than a felony
- carries lesser penalty
- usually a fine or imprisonment less than one year

Question 5

What is a felony?

Answer 5

more serious than misdemeanor
- imprisonment greater than one year

Question 6

What is assault?

Answer 6

threatening to cause harm

Question 7

What is battery?

Answer 7

intentional touching or the use of force in a harmful manner

Question 8

Who is the defendant?

Answer 8

person being sued

Question 9

What is subpoena?

Answer 9

written order to appear in court

Question 10

What is a deposition?

Answer 10

formal statement promising to tell the truth

Question 11

What are torts?

Answer 11

applied in medical malpractice
- governs private rights of individuals, corporations, government
- involves contracts

Question 12

What is a contract?

Answer 12

legally binding agreement between two or more individuals

Question 13

What is breach of contract?

Answer 13

when a party fails to uphold their part of a contract

Question 14

What is negligence?

Answer 14

failure to do what is reasonable in a particular circumstance

Question 15

What makes a contract valid?

Answer 15

• mutual assent: agreement by all parties to contract (offer and acceptance)
• consideration: benefit of some type, financial reimbursement
• capacity: parties must be legally able to contract
• legality: subject of the contract must be legal

Question 16

What is defamation?

Answer 16

damaging a person’s reputation by making false and malicious public statements

Question 17

What is slander?

Answer 17

speaking damaging words intended to negatively influence another against an individual

Question 18

What is libel?

Answer 18

publishing in print damaging words, pictures, signed statements

Question 19

What is false imprisonment?

Answer 19

intentional, unlawful restraint or confinement of a person

Question 20

What is fraud?

Answer 20

deceitful practices in depriving or attempting to deprive another of rights

Question 21

What is invasion of privacy?

Answer 21

interference with a person’s right to be left alone

Question 22

What is negligence?

Answer 22

when a healthcare practitioner fails to exercise ordinary care and the patient is injured

Question 23

What is medical negligence?

Answer 23

malpractice

Question 24

What is res ipsa loquitur?

Answer 24

speaks for itself

Question 25

What does the respondeat superior doctrine state?

Answer 25

- employers are responsible for the actions of their employees - only when employee actions are performed under the constraints of their position

Question 26

What is standard of care?

Answer 26

expectation of care that providers are expected to follow while performing professional duties

Question 27

What are the 4 D's of negligence?

Answer 27

- duty existed - dereliction: failure to fulfill one's obligations - direct cause: misconduct of the defendant - damages as a result of misconduct

Question 28

Where did HIPAA come from?

Answer 28

administrative law

Question 29

What is administrative law for?

Answer 29

protects civil rights, privacy, safety of citizens

Question 30

What is ACA?

Answer 30

affordable care act - affordable, quality healthcare for more persons

Question 31

What is OSHA?

Answer 31

occupational safety and health administration - mandates the same pay for equal duties

Question 32

What is ADA?

Answer 32

Americans with disabilities act - forbids discrimination on who can perform a duty regardless of disability

Question 33

What is FMLA?

Answer 33

federal family leave act - requires certain employers to give time off for family medical reasons

Question 34

What is CSA?

Answer 34

controlled substances act - regulates manufacture and distribution of controlled substances, narcotics, depressants, stimulants

Question 35

What is Title VII of Civil Rights?

Answer 35

prohibits an employer from discriminating on the basis of race, national origin, gender, or religion

Question 36

What is HIPAA?

Answer 36

Health Insurance Portability and Accountability Act - gives patients rights over their healthcare information and privacy

Question 37

What is the equal pay act?

Answer 37

mandates same pay for equal duties

Question 38

What are patient rights?

Answer 38

- picking a PCP - terminate services - patient care partnership

Question 39

What are patient responsibilities?

Answer 39

- follow instructions and cooperate - provide honest information - follow physician's orders (compliance) - pay fees

Question 40

What is durable power of attorney?

Answer 40

names a healthcare agent to make medical decisions if patient is not able to do so

Question 41

What is uniform donor card?

Answer 41

makes a gift of one or more organs upon death

Question 42

Who issues code of ethics?

Answer 42

NHA