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Definition
science of philosophy of law
concerned with the law of state
3 sources
federal
state
judicial |
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Definition
1. statutory
- criminal
- Civil (torts and contracts)
2. common or case law |
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Definition
against society
protects public interest
misdemeanor less than 1000$ or imprisonment for 1 yr.
felonies more than 1000$ imprisonment for more than 1 yr.
includes illegal practice and insurance fraud |
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Definition
agianst individual including property and reputation
protects legal rights of private persons.
torts and contracts |
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regulation/self regulation
scope of practice
practice settings (collaborative, alternative)
Supervision (direct, indirect, general, none) |
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2 legally competant parties
payment in form of fee or service
invalid if:
violate personal property
service agreed upon not rendered
long delay in rendering service |
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Definition
civil wrongs
commission
omission
intentional
unintentional
malpractice, negligence |
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under tort
failing to perform expected act |
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tort law
bad practice
negligence |
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Term
conditions of malpractice |
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Definition
there was a duty to follow standard of care
act of commission or omission
failure to satisfy standard of care
harm or injury to patient |
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factors related to malpractice |
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Definition
ignorance
lack of skill
neglect in applying skills
communication |
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Definition
torts/civil wrongs
assault is threatening to harm individual
battery is touching with intent to harm
technical assault and technical battery |
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Definition
threatening to harm an individual |
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touching with intent to harm (fight) |
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false statements that harm reputation
involves 3rd person
includes libel (written defamation)
and slander (spoken defamation) |
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Definition
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implied
expressed
treatment plans |
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financial rights or privacy rights are violated
services agreed to are not performed
delayed for extended period of time
harm does not have to occur in order to be breach |
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Term
some conditions that do not constitute abandonment are: |
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Definition
when care is no longer needed
patient withdraws from relationship
care of pt is transferred to another provider
advance notice given (written, registered mail and copied in pt chart)
provider unable to give care |
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patient responsibilities include |
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Definition
providing accurate info
payment for services
cooperate in treatment
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Term
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Definition
considerate and respectful care
current and understandable info
make decisions
privacy
confidentiality
review records
consent/decline
continuity of care |
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Term
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Definition
record keeping
informed consent
knowing laws and applying them
good communication
documentation |
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Term
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Definition
done for benefit of others
obligation to benefit pt
obligation to promote well being
obligation to prevent harm |
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Definition
patients right to autonomy |
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medical ethics, do no harm |
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adha code of ethics includes |
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Definition
core values
-beneficence
-justice and fairness (equal access, equal treatment care)
-veracity (be honest and truthful) |
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