law
system of rules, usually enforced through a collection of institutions commonly recognized as having the authority to do so
federal law
made by the United States Congress when it passes legislation (ex. Patient Protection and Affordable Care Act)
supremacy clause
in the U.S Constitution; laws created by Congress apply to everyone in the United States
state law
made by state legislatures; applies to everyone within the state but not to those who don't live or work there
jurisdictions
areas such as counties, cities, townships, etc. that can pass resolutions or ordinances that govern conduct in those areas
United States Supreme Court
makes" law by interpreting the constitution
common law (case law or law of precedent)
based on custom and usage; almost all of it has been enacted into statues with modern variations
misdemeanors
punishable by imprisonment in a jail for less than one year, assessment of a fine, or both
felonies
punishable by imprisonment in a state prison for more than one year (and sometimes punishable by death)
standard of proof
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
beyond a reasonable doubt
standard of proof in a criminal case; prosecution must prove that the defendant committed the act as determined by a jury of the defendant's peers (12 people must absolutely agree that the act was committed and that the defendant committed it)
wrongful death
death of a human being as the result of a wrongful act of another person
preponderance of evidence
standard of proof in civil court; based on the more convincing evidence and its probable truth or accuracy
murder
a felony; "unlawful killing of another with malice aforethought
manslaughter
unlawful killing of a human being without malice
voluntary manslaughter
upon a sudden quarrel or heat of passion
involuntary manslaughter
in the commission of an unlawful act or without due caution and circumspection, of a lawful act which might produce death
robbery
unlawful taking of money or good of another from his or her person or in immediate presence by force or itimidation
burglary
taking of money or property belonging to another, without the presence of a victim
tort
any wrongful act, damage, or injury done willfully, negligently
punitive damages
awarded in a lawsuit as a punishment and example to others for malicious, evil or fraudulent acts
compensatory damages
recovered in payment for actual injury or economic loss
intentional torts
include libel and slander, trespass and intentional infliction of emotional distress
libel
written defamation
negligence
guilty of neglect; lacking due care or concern
standard of care
the watchfulness, attention, caution and prudence that a reasonable person in the circumstances should exercise
factors pointing to negligence
1. a duty of care owed by the defendant to the plaintiff
2. the defendant must have committed a breach of that duty
3. the plaintiff must have suffered harm
4. the harm must be a result of the defendant's breach of duty
affirmative duty
when two people have a particular relationship to one another, they are responsible to carry out certain duties for each other
factors pointing to medical malpractice
1. there is a relationship between the provider and the patient
2. that relationship created a duty of the provider toward the patient
3. the duty was a nature of professional standard of care
4. the provider breached the duty to the patient
5. the patien
relationship
created by the offer of care by the provider and an acceptance by the patient
duty
exs. if the provider knows of an abnormal test result or observation on examination, he/she must tell the patient; to diagnose medical conditions and to treat known medical conditions
breach of duty
provider failed to act upon the duty he/she owed the plaintiff
causation
failure of the provider to act according to duty, or a failure to act in a manner consistent with providers in similar circumstances (leading to the injury)
statute of limitations
how long after the situation the person can bring their claim; in medical malpractice claims it is typically 2 years
offer
made by the provider by holding himself out to provide medical services
acceptance
when the patient makes an appointment, he/she indicates this
consideration
when the patient assures the medical assistant taking the appointment that she has insurance and will pay the co-pay; leads the the forming of a valid contract for care between the patient and the provider
required to form a contract
offer, acceptance and consideration
capacity to enter a contract
patient must be (a) the age of majority as determined by the state in which the contract is formed or (b) an emancipated minor and (c) not the victim of a legal disability (not mentally incompetent or under the influence of drugs that alter the mental sta
consent
can be given by a parent or guardian for a minor, or a person who is the age of majority or an emancipated minor
causes termination of contract
1. mutual consent of the patient and the doctor
2. patient dismissing the doctor
3. the changed circumstance under which care is no longer needed
4. provider withdrawal from the relationship by providing the patient with written notice with reasonable tim
when providers are compelled to provide care
1. the patient is disabled with HIV
2. the patient has sued the provider group for malpractice and there has not been enough time to notify the patient to seek a new doctor
3. the relationship with the patient has not been continuous, when the abandonment
exception to patient-provider privileged communication
to report child abuse and elder abuse
HIPPA permits disclose of this information
to a family member unless the patient objects; when subpoenaed as part of litigation; when the provider has a legal duty to report, as in cases of abuse or contagious diseases; and when needed for public health activities, law enforcement purposes, or sim
informed consent
must be given before the doctor can treat the patient
Patient Self-Determination Act
requires any health care provider accepting Medicare or Medicaid to inform the patient (1) of his/her right to accept or refuse treatment, (2) of his/her rights regarding advance directives under state law, and (3) of any hospital/provider policies regard
advance directives
a living will; a document, written in advance, that states the patient's wishes regarding end-of-life care
living will
advance directive; a document, written in advance, that states the patient's wishes regarding end of life care
power of attorney
legal document authorizing a person to act as another's attorney, legal representative, or agent
included in an adequate medical record
1. documentation of each patient encounter, including the reason for it, relevant history, exam findings, and prior test results; also include a clinical impression/diagnosis, a plan for care and the date and legible identity of the provider
2. past and p
property right
the entitlement to anything that is owned by a person or entity
when medical records should be changed
only when it is necessary to make the record more accurate or more complete
what to do if you must change a medical record
include the time and date of change along with language specifically pointing out the change
Health Insurance Portability and Accountability Act
passed by Congress to ensure (among other things) that an employee leaving his/her job could take at least some insurance coverage with her/her
what HIPPA means for the medical assistant
understanding that the material in the medical record is part of a privileged communication between the provider and the patient
mandatory release of record
in the case of all infectious diseases (measles, STDs, etc), certain crimes (rape, domestic abuse, elder abuse, and child abuse), or when ordered by the court to release medical records when the health status of either defendant or plaintiff is at issue t
Occupational Safety and Health Administration
goal is to ensure that employers have safe work environment for employees, which do not have hazards such as extreme cold or heat, toxins, danger from mechanical devices, or noise that would damage a person's hearing
Clinical Laboratory Improvement Amendments
legislation dealing with the operation of a clinical laboratory
Food and Drug Administration
1. to protect the public's health by ensuring that safe pharmaceutical products and diagnostic devices make it to the market in a timely fashion 2. to ensure ongoing effectiveness and safety of those products by monitoring their use in the market 3. to he
Drug Enforcement Administration
has broad enforcement power over the distribution of narcotic s and other drugs, both legal and illicit; authority over providers prescribing certain pain killers as well as authority to conduct search and seizure operations of international smugglers dea
Office of Diversion Control
where a provider applies for the DEA registration that permits them to handle, dispense, and prescribe various controlled substances (registration last for three years and the provider must apply for amended registration if he/she relocates his/her office
Good Smaritan Acts
protects individuals who decide to provide help and serve those who are injured