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Medical Law & Ethics
Medical Law & Ethics terms and definitions for Sonographers
124
Law
Professional
01/04/2012

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Term
Amoral
Definition
Without morals.
Term
Applied Ethics
Definition
Real-life application of ethics.
Term
Bioethicists
Definition
A person that studies the ethical dilemmas connected to new medical technology and procedures.
Term
Bioethics
Definition
Ethical dilemas of medical technology and procedures.
Term
Comparable Worth
Definition
Equal pay for equal work.
Term
Compassion
Definition
Gentle caring attitude.
Term
Cost/Benefit Analysis
Definition
Compare the amount of good to the amount of harm.
Term
Due Process
Definition
Series of steps, a procedure.
Term
Duty-Based Ethics
Definition
Ethical theory. Performing duty to various people/groups.
Term
Empathy
Definition
Ability to understand the feelings of others.
Term
Ethics
Definition
A branch of Philosophy to do with morals, moral principles and moral judgements.
Term
Fidelity
Definition
Loyalty.
Term
Indigent
Definition
Limited resources.
Term
Integrity
Definition
Adherence to one's principles.
Term
Justice-Based Ethics
Definition
Ethical Theory. Based on the "veil of ignorance".
Term
Laws
Definition
Rules or actions set down by an authority with binding force.
Term
Litigious
Definition
Inclined to sue.
Term
Medical Ethics
Definition
Ethical dilemmas of providing healthcare.
Term
Medical Etiquette
Definition
Rules and standards of professional behavior between coworkers and patients.
Term
Medical Practice Acts
Definition
In all 50 States. Defines practicing medicine and sets requirements.
Term
Morality
Definition
Quality of right conduct.
Term
Precedent
Definition
An example for future judgements.
Term
Principle of Autonomy
Definition
People have the right to make choices in their own lives.
Term
Principle of Beneficence
Definition
Doing good.
Term
Principle of Justice
Definition
Equals must be treated equally.
Term
Principle of Nonmalfeasance
Definition
Do no harm.
Term
Quality Assurance
Definition
Gathering and evaluating information about services and results compared to standards.
Term
Rights-Based Ethics
Definition
Ethical Theory. Rights belong to all people.
Term
Sanctity of Life
Definition
Sacredness of human life.
Term
Sexual Harassment
Definition
Unwelcome sexual advances or requests for sexual acts.
Term
Sympathy
Definition
Feeling sorry for someone.
Term
Tolerance
Definition
Respect for opinions that differ from yours.
Term
Utilitarianism
Definition
Ethical Theory. What is the greatest good for the greatest number of people.
Term
Virtue-Based Ethics
Definition
Ethical Theory. Based on morally valued character traits.
Term
Assault
Definition
The threat of bodily harm to another. There does not have to be actual touching.
Term
Battery
Definition
Actual bodily harm to another person without permission. Unlawful touching.
Term
Defamation of Character
Definition
Damage caused to a person's reputation through spoken or written word.
Term
Defendant
Definition
Person/group being sued civilly or prosecuted criminally in court.
Term
Discovery
Definition
The legal process by which facts are discovered before a trial.
Term
Fraudulent
Definition
Deceitful practice that deprives another person of his or her rights.
Term
Implied Contract
Definition
One in which the agreement is shown through inference by signs, inaction, or silence.
Term
Intentional Torts
Definition
Occur when a person has been intentionally or deliberately injured by another. Ex;Assault,Battery,False imprisonment,Defamation of Character,Fraud.
Term
Libel
Definition
Written/printed defamation. Writting,pictures or signs that injures reputation.
Term
Litigation
Definition
A dispute that has resulted in one party suing another.
Term
Plantiff
Definition
Person/group suing, instigates the law suit.
Term
Slander
Definition
Oral defamation, speaking false and malicious words about another person that injures their reputation.
Term
Statutes
Definition
Laws enacted by state and federal legislatures.
Term
Subpoena Duces Tecum
Definition
"Under penalty take with you". A court order to appear in court and bring certain records or other material to a trial or deposition.
Term
Tort
Definition
A civil injury, or wrongful act that is comitted on another person or property. Resulting in harm and is compensated by money damages.
Term
Unintentional Tort
Definition
Unintentional injury. Such as negligence caused by not using the ordinary standard of care or doing what a "reasonable" person would do.
Term
Accreditation
Definition
Voluntary process in which an agency is requested to officially review healthcare institutions to determine compliance.
Term
Good Samaritan Laws
Definition
State laws protecting healthcare professionals and citizens from liability while giving emergency care to accident victims.
Term
Guardian ad Litem
Definition
Court appointed guardian to represent a minor or unborn child in litigation.
Term
Incident Report
Definition
Means of documenting problem events within a hospital or medical facility.
Term
JCAHO
Definition
Joint Commission on Accreditation of Healthcare Organizations. Agency that oversees hospital accreditation standards.
Term
Prudent Person Rule
Definition
Responsible person standard. Healthcare professional must provide information that a prudent/responsible person would want before making a decision about treatment.
Term
Reciprocity
Definition
Cooperation of one state in granting a license to practice medicine to a physician already licensed in another.
Term
Respondeat Superior
Definition
"Let the master answer". Means the employer is responsible for the actions of the employee.
Term
Risk Management
Definition
Practice to minimize incidence of problem behavior that may result in injury and liability.
Term
Scope of Practice
Definition
The activities a healthcare professional is allowed to perform as indicated in their licensure, certification or training.
Term
Standard of Care
Definition
The ordinary skill and care that medical practitioners use and that is commonly used by others in the same locality when caring for patients. What another medical proffesional would do in similar circumstances.
Term
Conscience Clause
Definition
Legislation or regulation stating that hospitals & healthcare professionals are not required to assist with abortions or sterilizations or the like.
Term
Per Diem
Definition
Daily rate.
Term
Abandonment
Definition
Withdrawing medical care from a patient without providing sufficient notice to the patient.
Term
Advance Directive
Definition
Methods by which a patient has the right to self-determination prior to a medical necessity;living wills, healthcare proxies,durable power of attorney.
Term
Against Medical Advice
Definition
AMA. Noncompliant patient leaves a hospital with out the physicians permission.
Term
Consent
Definition
Voluntary agreement that a patient gives to allow a medically trained person the permission to touch, examine & perform a treatment.
Term
Do Not Resuscitate
Definition
DNR. Designation on a medical record for no CPR.
Term
Durable Power of Attorney
Definition
Legal agreement, allows an agent/repressentative of the patient to act on their behalf.
Term
Implied Consent
Definition
Agreement made through inference by signs,inaction or silence.
Term
Informed Consent
Definition
Consent granted after having received knowledge and understanding of potential risks and benefits.
Term
Living Will
Definition
Legal document stating that life-sustaining treatments/nutritional support should not be used to prolong life.
Term
Privileged Communication
Definition
Confidential information told to a physician by the patient.
Term
Prognosis
Definition
Prediction for the course of a disease.
Term
Proxy
Definition
A person that acts on behalf of another.
Term
3 Step Ethics Model
Definition
1.Is it legal?
2.Is it balanced?
3.How does it make me feel?
Term
Scope of Practice for the Diagnostic Ultrasound Professional.
Definition
-Perform patient assessments
-Aquire and analyze data obtained using ultrasound and related diagnostic technologies
-Provide a summary of findings to the physician to aid in patient diagnosis and management
-Use independant judgement and systematic problem solving methods to produce high quality diagnostic information and optimize patient care
Term
Code of Ethics for Sonography
Definition
I.Promote patient well-being
II.Promote the highest level of competent practice
III.Promote professional integrity and public trust
Term
Malpractice
Definition
Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury,loss,or damage to the patient.
Term
Negligence
Definition
An unintentional action that occurs when a person either performs or fails to perform an action that a "reasonable" person would or would not have committed in a similar situation.
Term
Malfeasance
Definition
Performing an illegal act.
Ex; Acting outside of the scope of practice.
Term
Misfeasance
Definition
The improper performance of an otherwise proper or lawful act.
Ex; Not performing to the standard of care.
Term
Nonfeasance
Definition
The failure to perform an action when it is necessary.
Ex; Not performing an ordered exam.
Term
Duty
Definition
Obligation or responsibility.
Term
Dereliction
Definition
Neglect, as in neglect of duty.
Term
Direct Cause
Definition
The continuos sequence of events, unbroken by any intervening cause, that produces an injury and without which the injury would not have occured.
Term
Damages
Definition
Any injuries caused by the defendant; usually a monetary award is given as compensation.
Term
Res Ispa Loquitur
Definition
"The thing speaks for itself".
-Injury could not have occurred without negligence.
-Defendant had direct control over the cause of injury.
-Patient did not and could not contribute to the injury.
Term
Compensatory Damages
Definition
Amount of money awarded to make up for loss of income or emotional pain and suffering (past,present,future).
Term
Punitive Damages
Definition
Also exemplary damages. Money awarded to a person who has been harmed in an especially malicious/willful way;meant to punish.
Term
Nominal Damages
Definition
A slight or token payment awarded by the court.
Term
Fraud
Definition
The deliberate concealment of the facts from another person for unlawful or unfair gain.
Term
Affirmative Defenses
Definition
Allows the defendant to present eveidence that patients condition was the result of factors other than the defendant's negligence.
Term
Denial Defense
Definition
Deny negligence. Most common defense. Plaintiff must prove defendant did wrongful or negligent act.
Term
Assumtion of Risk
Definition
Prevents plaintiff from recovering damages if they voluntarily accept a risk associated with the activity.
Term
Contributory Negligence
Definition
Conduct on the part of the plaintiff that is a contributing cause of injuries; a complete bar to recovery of damages.
Term
Comparative Negligence
Definition
A defense, similar to contributory negligence. The plantiff's own negligence helped cause the injury; not a complete bar to recovery of damages but only based on the amount of the defendant's fault.
Term
Borrowed Servant Doctrine
Definition
A special application of respondeat superior in which an employer lends an employee to someone else.
Term
Law of Agency
Definition
Legal relationship formed when one person agrees to perform work for another person.
Term
Res Judicata
Definition
"The thing has been decided". Plantiff cannot bring a new lawsuit on the same subject against the same defendant.
Term
Claims-made Insurance
Definition
Liability insurance that covers the insured party for only the claims made during the time period the policy is in effect or policy year.(Only if currently covered).
Term
Occurrence Insurance
Definition
Claims-incured insurance,liability insurance that covers the insured party for all injuries and incidents that occurred while the policy was in effect.(If covered at the time of incident, regardless of when the claim is filed).
Term
Alternative Dispute Resolution
Definition
ADR. Methods for resolving a civil dispute that do not involve going to court.
Term
Arbitration
Definition
Submitting a dispute for resolution to a person other than a judge. (Binding)
Term
Mediation
Definition
Using the opinion of a third party to resolve a civil dispute in a nonbinding decision. (Nonbinding)
Term
3 Patient's Rights
Definition
1.Right of Consent
2.Right to have possible benefits and risks of a treatment explained to them.
3.Right of Confidentiality
Term
3 Physician's Rights
Definition
1.Right to choose patients
2.Right to payment for services
3.Right to vacation and time off
Term
Effectiveness
Definition
Getting the job done right.
Term
Efficiency
Definition
Getting the job done.
Term
Medical Record
Definition
All the written and computer generated documentation relating to a patient.
Term
Clearinghouse
Definition
Billing service.
Term
Covered Entity
Definition
Healthcare organizations covered under HIPPA regulations such as; public health authorities, healthcare clearing houses, self-insured employers, life insurers, information systems vendors and universities.
Term
Health Insurance Portability and Accountability Act of 1996
Definition
HIPPA Law. Administrative simplification (accountability) and insurance reform (portability).
Term
Healthcare Integrity and Protection Data Bank
Definition
National databank that collects and reports actions taken against practioners, providers, vendors for noncompliance or fraudulent activities.
Term
Notice of Privacy Practices
Definition
Written statement that details the provider's privacy practices.
Term
Privacy Rule
Definition
Applies to PHI, limits disclosures to only the minimum information necessary to carry out the medical treatment. Patient must grant written consent to disclose PHI for treatment, payment, and other healthcare operations.
Term
Protected Health Information
Definition
PHI, any individually identifiable information that relates to the physical or mental condition or the provision of healthcare to an individual.
Term
JCAHO Requirements for the Medical Record.
Definition
1.Admitting diagnosis 2.Evidence of a physical exam 3.Documentation of any complications 4.Consent forms 5.Consulation reports 6.Nurses notes 7.Discharge summary
Term
How to Correct Medical Records
Definition
1.Draw a single line through the error
2.Write correction above the error
3.Date and initial change
Term
HIPPA
Definition
Health Insurance Portability & Accountability Act. Insurance reform and administration simplification.
Term
Privacy Rule
Definition
Minimum necessary rule. Look,see,use and talk only when it's necessary to do your job.
Term
Patient Rights Under HIPPA
Definition
1.Copy of privacy notice
2.Access med. records,restrict others,learn how it is being used
3.Ask to be contacted in a special way
4.Complain to Health Human Services
Term
5 Top Bioethical Issues
Definition
1.Human subject treatment
2.Affordability
3.Privacy
4.Stem Cells
5.Defense vs. Terrorism
Term
Research Criteria
Definition
1.Consent
2.Benefits outweigh the risks
3.Institutional Review Board
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