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civil case in which the amount in question is less than $15,000 |
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charge that may be punishable by more than 1 year in jail or by death |
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claims seeking a judgment for something other than money
example: divorce proceedings, wills, trust, estates, property dispute, adoption proceedings |
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agreement between 2 or more people taht creates an obligation to do (or not to do) a particular thing |
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Legal elements required to create enforceable contract |
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acronym: OAC
offer
acceptance
consideration |
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Implied vs Express Contract |
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Definition
Implied: inferred by law, not created or evidenced by explicit agreement of parties
Express: actual agreement of parties, oral or in writing (but oral not necessarily enforceable) |
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a wrong (intentional or non-intentional) recognized by law as grounds for lawsuit |
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legal elements of prima facie case for intentional tort |
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acronym: CIA
act by defendant
intent
causation |
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proof of commission of a tort |
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Definition
duty
breach of duty
causation
injury |
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torts included in medical malpractice act |
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Definition
sexual misconduct
assault and battery
intentional infliction of emotional distress |
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affirmative defenses to medical malpractice act torts include |
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Definition
statute of limitations
(usually 2 years) |
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damages for medical malpractice act torts |
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Definition
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standard for care
(in VA. med mal cases) |
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Definition
degree of skill and diligence practiced by reasonably prudent practitioner in the field of practice or specialty |
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persons exempt from liability for medical negligence |
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Definition
EMT certified by State Board of Health
persons administering CPR
team physicians
health care providers who render care at free clinics
hospice volunteers |
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Definition
dr. intentionally acted in a way that ultimately caused harm to patient
(NOTE: this isn't necessarily an allegation that dr. harmed the patient on purpose) |
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punishment for practicing medicine without a license in VA |
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Definition
Class 6 felony
1-5 years in prison
$2,500 fine |
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Definition
respect for the individual and their ability to make decisions with regard to their own health and future
"self rule" |
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Definition
actions intended to benefit the patient or others
considered to be "paternalistic" |
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actions intended not to harm or bring harm to the patient and others
in common language "negligence" |
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Definition
being fair or just to the wider community in terms of the consequences of an action
Aristotle: "giving to each that which is his due" |
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Definition
autonomy
beneficence
non-maleficence
justice |
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Definition
For minors less than 18 years old, health care decisions are made by someone else on their behalf.
Every state reserves the right to intervene when a child's life, health, safety, or welfare is at risk.
Mature-minor doctrin: in some circumstances a minor can make their own decisions as to medical treatment |
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Term
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Definition
Personal behaviors
Community and environment
Publin and Health policy
Clinical Care |
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Term
What percent of the US economy is spent on healthcare?
and what are the top 3 expenditures? |
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Definition
> 16%
Hospital care (30%)
Physician services (20%)
Prescription drugs (10%) |
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About how many (or percentage) Americans are without health insurance?
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Definition
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top causes of death in the US |
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Definition
1) heart disease
2) cancer
3) stroke |
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Term
US HALE
(Healthy Adult Life Expectancy) |
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Definition
69
27 other countires are better than the US |
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Term
the 4 D's in malpractice claims |
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Definition
In successful malpractice claims the plaintiff must prove the physician demonstrated Dereliction of a Duty that caused Damages Directly to the patient |
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Definition
a debilitation psychological condition brought about by unrelieved work stress |
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Term
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Definition
-depleted energy and emotional exhaustion
- lowered resistance to illness
-increased depersonalization in interpersonal relationships
- increased dissatisfaction and pessimism
- increased absenteeism and work inefficiency |
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Term
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Definition
-family of origin issues
-personality factors
-doubt or "imposter syndrome"
- exaggerated sense of self-importance
- family stressors and work-home interfeerence
- psychology of postponement |
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Term
4 ethical obligaitons of physician to physician |
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Definition
1) to promote health and wellness among physicians
2) to establish appropriate mechanisms to detect impairment
3) to intervene in a supportive fashion
4) to refer and/or report impairment if necessary |
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Term
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Definition
1. ask for support from your physician or med student team
2. step up to performance problems vs. avoidance
3. positively influcence nursing and other staff
4. create optimism by exerting influence
5. above all else, maintain priority relationships
6. ask for help |
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Term
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Definition
any physical, mental or behavioral disorder that interferes with ability to engage safely in professional activities |
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Causes of healthcare disparities |
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Definition
patient factors
institutional factors
provider factors
geographic issues |
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Term
3 key themes that emerged in the 2009 NHDR
(National Healthcare Disparities Report)
and efforts for improvement |
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Definition
1. disparities are common and un-insurance is an important contributor
2. many disparities are not decreasing
3. some disparities merit particualr attention, especially care for cancer, heart failure, and pneumonia
train providers, raise awareness, form partnerships to id and test solutions |
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Term
approaches that benefit the poor concerning their healthcare |
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Definition
investing in education
directing more health benefits toward the poor
promoting primary and essential health care
mobilizing community resources
establishing health financing approaches |
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Term
List 5 historical events that have influenced current ethical guidelines and federal regulations |
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Definition
Nazi medical war crimes (Nuremberg code)
tuskegee Syphilis Study
Jewish chronic disease hospital study
Willowbrook Study
Declaration of Helsinki |
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Term
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Definition
experiments conducted by Nazi physicians during WW2 performed on concentration camp prisoners
included deadly studies and tortures |
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Term
The tuskegee syphilis study |
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Definition
study of black men with syphilis and an examination of the natural history of untreated syphilis
men were recruited without informed consent and were misinformed |
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Term
The Jewish chronic disease hospital study |
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Definition
These studies involved the injection of foreign, live cancer cells into patients who were hospitalized with various chronic debilitating diseases |
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Definition
newly admitted children were deliberately infected with the hepatitis virus.
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Term
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Definition
the Declaration made informed consent a central requirement for ethical research while allowing for surrogate consent when the research participant is incompetent, physically or mentally incapable of giving consent, or a minor. |
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3 basic ethical principles essential to the ethical conduct of research with humans |
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Definition
1. respect for persons
2. beneficence
3. justice |
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examples of vulnerable populations who should not be taken advantage of |
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Definition
prisoners
pregnant women
mentally insane
minority
poor |
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Definition
refers to the unique behavior and lifestyle shared by a group of people and includes customs, habits, beliefs, and values that shape emotions, behavior and life span |
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the experientail state one endures after realizing a loss |
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Definition
the particular reactions one experiences while in the state of bereavement |
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Definition
the culturally defined behaviors that are usually performed after a significant loss |
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Term
Kubler-Ross stages of grief |
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Definition
Denial
Anger
Bargaining
Depression
Acceptance
(stages do not necessary occur in this order) |
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Term
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Definition
characterized by shock, denial, guilt, and somatic symptoms.
typically last about 6 months to a year |
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Definition
is excessively intense and prolonged or is delayed or inhibited |
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Culturally sensitive questions to use with grieving persons
4 C's |
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Definition
What do you call your problem?
What do you think caused your problem?
How do you cope with your condition?
What concerns do you have regarding your condition? |
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Term
you can or must disclose PHI...
(Protected Health Information) |
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Definition
as required by law
victims of abuse, neglect or domestic violence
serious threat to health or safety
law enforcement purposes |
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