Midterm - week 1 Flashcards
1
Q
Guiding principles (moral philosophy) related to standards of behavior of an individual or group
A
Ethics
2
Q
What are the schools of ethics?
A
Deontology
Consequentialism
Virtue ethics
3
Q
What is deontology
A
A school of ethics which
- Focus on importance of actions
- is based on universal moral laws/rules
- Associated with Immanuel Kant
4
Q
What is consequentialism?
A
A school of ethics which
- Focus on outcomes of actions, i.e. the end justifies the means
- Associated with Jeremy Bentham, David Hume
- Includes Utilitarianism and Hedonism
5
Q
What is virtue ethics?
A
A school of ethics which
- Focus on practice and development of desirable
personal qualities
- Associated with Socrates and Aristotle
6
Q
A school of ethics which
- Focus on outcomes of actions, i.e. the end justifies the means
- Associated with Jeremy Bentham, David Hume
- Includes Utilitarianism and Hedonism
A
Consequentialism
7
Q
A school of ethics which
- Focus on importance of actions
- is based on universal moral laws/rules
- Associated with Immanuel Kant
A
Deontology
8
Q
A school of ethics which
- Focus on practice and development of desirable
personal qualities
- Associated with Socrates and Aristotle
A
Virtue ethics
9
Q
- Ethics that apply to a specific profession
- Varies based on knowledge, skills, duties of
profession - Often described by “Code of Conduct”
A
Professional ethics
10
Q
What are the 6 health care ethic principles?
A
- autonomy
- beneficence
- Non-maleficene
- justice
- veracity
- fiduciary duty
11
Q
What is autonomy?
A
a Health care ethics
(self-determination) - patients have the right to make decisions on their own behalf
12
Q
What is beneficence?
A
a Health care ethics
do good, engage in actions that result in positive outcomes
13
Q
What is non-maleficence?
A
a Health care ethics
prevent harm ( primum non nocere)
14
Q
What is justice?
A
A health care ethics
Act in fairness
15
Q
What is veracity
A
A health care ethics
Be truthful
16
Q
What is fiduciary duty
A
A health care ethics
Act in best interest of another, maintain trust
17
Q
a Health care ethics
(self-determination) - patients have the right to make decisions on their own behalf
A
Autonomy
18
Q
a Health care ethics
do good, engage in actions that result in positive outcomes
A
Beneficence
19
Q
a Health care ethics
prevent harm ( primum non nocere)
A
Non-maleficence
20
Q
A health care ethics
Act in fairness
A
Justice
21
Q
A health care ethics
Be truthful
A
Veracity
22
Q
A health care ethics
Act in best interest of another, maintain trust
A
Fiduciary duty
23
Q
What is jurisprudence?
A
Theory, study, and practice of the law (and associated rules, policies, procedures)
24
Q
What are these examples of?
- Courts
- Administrative Agencies, e.g. regulatory boards
- Credentialing Bodies, e.g. insurance networks
- Professional Associations
- Arbitration
A
Governing bodies
25
What do municipal courts deal with?
Minor matters, e.g. traffic offenses, some misdemeanors
26
What do small claims court deal with in terms of $, legal counsel, appeal rights?
- Limit of claim, e.g. < $10,000 in Oregon
- Usually no legal counsel
- No appeal rights
27
What do state courts deal with?
Circuit (District) Courts
• Limited jurisdiction
Appellate Courts
• Appeals from trial courts and administrative agencies
• Decisions based on procedure, interpretation of law
Supreme Court
• Trial courts with broad jurisdiction
• Review of Court of Appeals decisions
28
What do federal courts deal with?
District Courts – 94 districts in U.S.
• Jurisdiction over federal laws, cases with “diversity of citizenship”
Appellate Courts
• Determine if District Court applied law correctly
• Appeals from federal administrative agencies
U.S. Supreme Court
• Highest court in United States
• Decisions about important national issues
29
• Governmental bodies tasked with administering and
implementing particular legislation
- e.g. medical/chiropractic regulatory board, workers’ compensation board, BOLI
• Administrative functions, e.g. rule making, licensing • Quasi-judicial functions, e.g. disciplinary procedures • Hearings overseen by Administrative Law Judge (ALJ)
Administrative agencies
30
Insurance companies/panels
• Voluntary contracts between provider and insurer
• Dictate rights of provider and insurer
• e.g. fee schedule, pre-authorizations, covered/allowable services, documentation requirements, audits, appeals
• Dictate how decision appeals are processed
Credentialing bodies
31
Voluntary membership
• Members may submit to additional responsibilities and review
• Vision/Mission/Values
• Code of Ethics – expectations for member behavior
• Policy/position statements – on professional issues
• Reaction to other associations’ policies/positions
Professional associations
32
Non-trial resolution of dispute;
Contractual
• Right to trial waived by parties
• e.g. insurance panel, employment agreement
Mandatory
• May be required for small disputes
• Decisions can be appealed by either party
• New trial based on facts and law
• Risk of additional costs, e.g. attorney fees
Arbitration
33
What are types of actions for criminals?
• State vs. Defendant
• Defendant is an alleged criminal (perpetrator)
• Governmental jurisdiction prosecutes the case
• Victim (if there is one) is the injured party, but not a party
to the filed action
• If found guilty, criminal receives sentence
• May be monetary penalty and/or imprisonment and/or
community supervision
34
What are types of actions for civil?
* Plaintiff vs. Defendant (both are parties)
* Parties may be individuals or entities, e.g. corporation or government
* Defendant allegedly failed to carry out legal duty owed to plaintiff
* Plaintiff may seek fulfillment of duty or compensation (damages), or both
35
What are types of actions for boards?
• Board vs. Licensee
```
Licensee (e.g. doctor) allegedly violated a rule
• Subject to disciplinary action
• Fine
• Restriction/suspension/loss of license
• Required training/supervision
• Ongoing monitoring
• Public notice
```
36
Party who initiates a lawsuit (legal proceeding, action)
before a court
i.e. party who files the first complaint with a court of law
Plaintiff
37
Person, legal entity or government body who defends a lawsuit
Defendant
38
The first document filed by a plaintiff in a civil lawsuit
• Alleges a legal basis for a claim and related damages.
Complaint
39
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The fact(s) that give a party a right to judicial redress or relief against another
• Must meet specific criteria
e.g. A medical malpractice claim requires a plaintiff to establish that a physician was negligent.
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Cause of action
40
A medical malpractice claim requires a plaintiff to establish that a physician was negligent.
In order to do so, the plaintiff must establish what 4 elements?
* Duty – based on existence of doctor-patient relationship
* Breach – failure to meet the applicable standard of care
* Damage – existence of harm, i.e. compensable injury
* Causation – causal connection between the breach and harm
41
* Instrument used to commence a civil action
* Means of acquiring jurisdiction over a person
* Served with a complaint upon a defendant
Summons
42
What are methods of service of summons?
- Personal service – handed to defendant, commonly by a process server or a sheriff
- Substitute service – given to someone at defendant’s residence
- Office service – given to person in charge at place of business
- Mail service – to defendant’s address
- Publication of service
43
The response a defendant files to a plaintiff’s complaint
Answer
44
What is the purpose of an answer?
• Admit or deny each allegation
* Raise “affirmative defenses”
* Examples - case was untimely; the plaintiff contributed to the outcome; statute limits damages; etc.
• Make “counter-claims”
• Examples – plaintiff was negligent; plaintiff breached a
contract causing defendant some harm
45
What is a cross-claim that the defendant can make?
against a codefendant in the suit filed by plaintiff
| • e.g. A chiropractor makes a claim that a co-defendant physician failed to diagnose the plaintiff.
46
What is a third party claim that the defendant can make?
against a party not named in the suit
• e.g. A chiropractor makes a claim that the electrical stimulation device used to treat a plaintiff malfunctioned during the treatment.
47
A request for a judge to make a decision about a filed
| case
Motion
48
formal mechanism to request records from another party
Request for production
49
written questions to another party, requiring answers
Interrogatories
50
testimony of a party or witness by oral questioning prior to trial
• Under oath and recorded
• Typically conducted in an attorney’s office
Deposition
51
court process compelling a party or third party to produce documents or things
Subpoena Duces Tecum
52
authorization from a party to obtain records directly
Release
53
court-ordered command to compel testimony or production of evidence, under penalty for failure to comply
Subpoena
54
evaluation of a plaintiff (or claimant) in relation to claim of physical or mental harm, requested or compelled by defendant (or insurer)
Independent medical examination
55
Methods of settling disputes without litigation
• May be voluntary or mandatory
• May not be required to settle, only to participate
• More expeditious and less costly, compared to trial
Alternative dispute resolution
56
Provider of oral evidence (testimony) under
| oath
Witness
57
finding or decision of fact, usually by a jury
Verdict
58
final decision of the court, resolving the dispute
| • determines rights and obligations of the parties
Judgement
59
unsuccessful party’s contesting of a final decision, filed with the appropriate court
• Based on erroneous application of law (i.e. decisions of the judge), not the facts
Appeal
