Shared Flashcard Set

Details

Legal and Ethics Final Exam
N/A
301
Other
Professional
12/06/2011

Additional Other Flashcards

 


 

Cards

Term
What branch of physiology deals with human conduct and differentiating between goodness/badness?
Definition
Morals
Term

What branch of ethics deal's with individuals view?

 

Definition
Microethics
Term
What branch of ethics deals with the global view?
Definition
Macroethics
Term
What is the behavior that all rational persons should put forth to govern their behavior?
Definition
Morality
Term
What is the term that defines the ideas about right and wrong?
Definition
morals
Term
What are the three things is the code of ethics governed by?
Definition

1. Standards

2. Principals

3. Rules

Term
What are the 4 main bioethical principles that is defined by the AAPA?
Definition

Automony

Beneficience

Non-Maleficience

Justice

Term
What is the term for judgements concerned with what an individual/group believes is right in a given situation?
Definition
Moral Judgement
Term
What is the term for "when values, duties, and loyalities conflict and not everyone is satisfied in a particular decision?
Definition
Moral Dilemmas
Term

What is the term for unjustifiable violations to the moral rules OR failing to follow moral ideals when is is done so justifiably?

Example: taking $$$ from a wallet found on the ground

Definition
Moral Vices
Term

What is the term "for justifiable obeying the moral rules OR justifiably following moral ideals?

Example: returning a lost wallet fully intact to the owner

Definition
Moral Virtues
Term
What are the 10 moral virtues discussed in class?
Definition

Wisdom

Commitment

Compassion

Conscientiousness

Integrity

Discernment

Honesty

Trustoworthiness

Kindness

Respect 

Term
What is the term that describes "the critical study of majority moral precepts that is correct for all automous rational beings"?
Definition
Normative Ethics
Term
What is the term that describes the "application of normative theories to practical moral problems?"
Definition
Applied Ethics
Term
What is the term for "understanding ethics terms, theories, and applications"?
Definition
Meta-Ethics
Term
What is the term that describes the "greatest good for the greatest number"?
Definition

Consequential Ethics

 

Alt Definition: the morallly right action is whatever action leads to the max benefit of good over evil

Term
What is the term that describes the "greatest good for the most"?
Definition

Utilitarian Ethics

 

Alt Defintion: moral worth is determined by its contribution to overall usefullness/outcome

Term

What is the term that describes "doing the right thing may not always lead to the good and right thing sought after"?

 

Example: Telling truth and keeping promises

Definition
Deontological Ethics
Term
What is the term that describes "ethics that denies consequences" or "right and wrong that is based on intrinsic properties"?
Definition
Non-Consequential Ethics
Term
What term is defined as "PAs should act in the best interest of the patient"?
Definition
Benefience
Term

What term is used to define individuals/institutions  that known what is best for others and makes the decision?

Example: political, military, relgious

Definition
Paternalism
Term
What term is used to describe when physcians making choices for a patient by with-holding medical info?
Definition
Medical Paternalism
Term
What is the term that describes "do no harm"?
Definition
Non-Maleficence
Term

What term describes the "right of the person to make their own descisions?

What ammendment made this possible?

Definition

Automony

14th amendment - indiviudals right to make his/her own decisions about health care

Term
Without patient consent what are the physicians charged with?
Definition
battery and liable
Term
What are the 3 most common types of professional misbehavior?
Definition

Boundary Violations

misrepresentation

Financial infractions

Term
What is the term that describes "the principle or practice of unself concern for or devotion tot he welfare of others"?
Definition
Altruism
Term

What is the term that describes "the state of being accountable, liable, or answerable?

Example: admitting a mistake

Definition
Accountability
Term
What is the term that describes the state, quality, or condition of excelling; superiority?
Definition
Excellence
Term
What is the term that describes "something that one is expected or required to do by moral/legal obligation?
Definition
Duty
Term
What is the term that is "always doing what is right"?
Definition
Honor and Integrity
Term
What is the term that describes fairness and intregity in one's beliefs?
Definition
Honor
Term
What term describes adherence to moral and ethical principles; soundness of moral character?
Definition
Integrity
Term

What is the term that is "treat them the way that you would want to be treated?"

Example: giving up seat, opening door

Definition
Respect
Term
What are the 7 challenges to professionalism?
Definition

"Abuse of Power C.L.A.I.M.S. Greed"

1. Abuse of Power

2. Conflict of interest

3. Lack of conscientiousness

4. Arrogance

5. Impairment

6. Misrepresentation

7. Greed

 

 

 

Term
What is the term that describes when someone gets enjoyment out of "putting down" others?
Definition
Humor
Term

What are the following examples of:

  • Late for class
  • reading a newspaper during class
  • Surfing the web/Sleeping during class
  • Inappropriate Dress
  • Failure to introduce as PA-C/S
Definition
Passive Incivilities
Term

What are the following example of:

  • Talking back
  • Talking negatively about peers
  • Vulgar language
  • Cheating on tests
  • Copying fellow student's paper
  • Taking Rx samples
  • "White Lie"
Definition
Active Incivities
Term
What are the ABCs to Professionalism?
Definition

A. Structural

B. Attitudinal

C. Behavioral (civility)

Term
What is the keystone to emotional intelligence?
Definition
Knowing thyself
Term
What is the method of manging one's emotions?
Definition
"self soothe"
Term
What is a way to motivate yourself?
Definition

self-soothe

Optimism

Term
What is a major downfall that can lead you to not being able to empathize with others?
Definition

"w/o self awareness"

Raised not being able to express emotion

Term
What type of patients is described as overwelmed with emotion?
Definition
Flooded
Term
What is the acroynm for the "six steps to serentiy" for teachers to help students that work w/ difficult patients"
Definition
  • C - catalyst for change
  • A - Altering your thoughts
  • L - Listen and make dx
  • M - Make an agreement with the patient
  • E - Education and f/u
  • R - Reach out & discuss feeling after seeing the patient with trusted attendings, peers, and colleagues
Term
What is the three step approach to the "angry patient"?
Definition

1. Allow the patient to complete the angry outburst an the validate frustration w/ empathetic comments

2. involve the patient with an opportunity to discuss concerns

3. provide the patient with an opportunity to discuss his concerns

Term
What are the three catagories for describing the difficult patient?
Definition

Physical

Behavioral

Psychological

Term
What are some patients that "physically" would be described as a difficult patient?
Definition

Multiple sx

poor response to tx

Terminally ill

Certain disease: obseity, chronic back pain, vague sx

Term
What characteristics would a difficult patient be described "behaviorally"?
Definition
  • rambling
  • miss appoints
  • demanding
  • high utilization
  • manipulative
  • seductive
  • clingy
  • raises new problems @ end of visit
  • noncompliant w/ tx
Term
What characteristics of a difficult patients are described as "physcological"?
Definition

unrealistic expectations

vague sx

undue concern w/ minor sx

excessive preoccupation w/ physical illness

Term
What famous case was used to set the standard to "privacy matters relating to a woman's body and abortion"?
Definition
Roe v. Wade in 1973
Term

During a first trimester abortion is the decision between...

A. Physician and Woman 

B. Protecting Maternal Health

C. Viable fetus and preservation of the mother's health

Definition
A. Physican and Female
Term

During a second trimester abortion is the decision between...

A. Physician and Woman 

B. Protecting Maternal Health

C. Viable fetus and preservation of the mother's health

Definition
B. Protecting Maternal Health
Term

During a Third trimester abortion is the decision between...

A. Physician and Woman 

B. Protecting Maternal Health

C. Viable fetus and preservation of the mother's health

Definition
C. Viable fetus and presevation of the mother's health
Term
True or False: In Florida Physician Assistant's can perform abortion.
Definition
False - only physicians
Term
Some places require how many hours for the waiting period when performing an abortion?
Definition
24 hours
Term
How is HIV Transmitted?
Definition

direct contact of infected blood or body fluids 

(vaginal secretions, blood, breast milk)

Term
Consent for HIV Testing:
Definition

1. Get informed consent 

2. Practice informed consent

3. MUST tell patient that if + positive HIV test screening test, there is a need for a confirmatory western blot

4. MUST tell patient, if positive, public health has to be notified by law

5. MUST Inform patient of False (-); f/u in 3-6 months

Term
Case of Behinger vs. Medical Center of Princton established what precedence with surgeons and HIV?
Definition
No surgeons were allowed to perform surgery if HIV (+) b/c there is an increased risk for the patient of transmission in a surgical accident
Term
What is the term in artifical insemination when the female's husband's semen is used?
Definition
Homologous Artifical Insemination
Term
What is the term for artificial insemination in which the donor is other than the husband?
Definition
Heterologous Artifical Insemination
Term

If wift does not consent to Artifical Insemination what is this characterized as?

 

Definition
Battery
Term
What does federal regulations require of all hospitals that deal with organ donations?
Definition
written protocols
Term
The Anatomical Gift Act requires that the donor be what year with age?
Definition

18 y/o

< 18 y/o with parental consent

Term
What was the experiment in which they tested the progression of syphillis w/o treatment even tho the tx was known?
Definition
Tuskegee
Term
What does the national reseach act of 1974 establish?
Definition
protection of human subjects
Term
Nuremburg code established what?
Definition
voluntary and informed consent of human subjects
Term
1949 International code of medical ethics established what?
Definition
exploitation of unwilling prisioners
Term
What are the 3 ethical principles involving human subjects in research?
Definition

1. Respect

2. Beneficience

3. Justice

Term
Institutional Review Board is associated with what?
Definition

Research

Protects right and welfare of human subjects 

  • Reviews protocols
  • Review conflict of interest
  • Ensures financial interest is disclosed
  • Ensure privacy and confidentiality is protected
  • Research within state and federal guidelines
Term
What are the three reasons for sterilization?
Definition

1. Economic

2. Therapeutic

3. Genetic 

Term
What are the three types of sterilization?
Definition
  1. Elective - voluntary (pt doesnt want future pregnancies)
  2. Therapeutic - voluntary (life/health of woman is at jeopardy by pregnancy)
  3. Eugenic - involuntary, mental deficiet
Term
Grandparents giving child helpful advise about life is?
Definition
Wisdom
Term
What is this an example of: making a a protest against animal cruelty that you refuse to eat meat or you sell all you fur clothing
Definition
Commitment
Term
Showing empathy toward another during a less-favorable time of their life is?
Definition
Compassion
Term
What term describes a person with Type A personality which is careful, thorough, specific, and organized about their actions?
Definition
Conscientiousness
Term
What is the term for doing what is right even when no one is looking?
Definition
Integrity
Term
What term describes a person that can make the correct decision w/o employing bias to situations?
Definition
Discernment
Term
A student sees that someone left the answers to the exam on the desk next to her, however in good moral judgement the student doesnt not look at the test. What is this an example of?
Definition
Honesty
Term
Your patient tells you a secret about his/her life, which moral virtue is your patient expecting you to have?
Definition
trustworthiness
Term
When we went to the Ronald McDonald house to give donation to the less fortunate families, we were showing an act of...?
Definition
Kindness
Term
What is the moral virtue for opening a door for another person, or giving up your seat for the elderly?
Definition
Respect
Term

What is the term that describes when a "plantiff claims that but for a breach of duty by the defendent (provider) the child would not have been born (e.g. improper sterilization). 

Damages relates to the cost sustained by a parent to raise a child with genetic deformities. Another damage could be "mom" has a condition that worsesns due to child birth.

Definition
Wrongful Birth
Term
Harm suffered as a result of being born?
Definition
Wrongful life
Term
What is the term that claims for damages sustained by patents of an unexpected child based on an allegation that conception of a child resulted from negligent sterilization procedures or defective contraceptive device?
Definition
Wrongful Conception
Term
What is a method of reproduction whereby a woman agrees to give birth to a child she will not raise but hand over to a contracted party, who is often unable to conceive a natural child of her own. All parental rights and physical custody of the child are given over to the contracting couple at birth.
Definition
Surrogacy
Term
Is "selling babies" legal in all states!
Definition
No! thats Crazy!
Term
What act prohibits discrimination by health insurance, life insurance, disability insurance, or long term insurance on the basis of genetic information and also prohibits empolyers from using genetic info when hiring, firing, and job placement/promotion?
Definition

Genetic Information Non-Discrimination Act

GINA

Term
What does CAGE stand for? and What is used in?
Definition

Alcohol Abuse

  • C - Cut down your drinking
  • A - Annoyed if people critize your drinking
  • G - Guilty about your drinking
  • E - Eye opener first thing in the morning after a hang over
Term
What is the legal limit for blood alcohol content?
Definition

0.08

 

Term
True/False: Consuming one drink can impair your function
Definition
True
Term
What are the top 3 abused drugs?
Definition

1. Opoids

2. CNS depressants 

3. Stimulants

Term

What drug class has the SE of drowsiness, constipation, and depressed breathings?

A. Opiods

B. Stimulants

C. CNS depressenants 

Definition
A. Opoids
Term
Which drug class the withdrawal symptoms of restlessness, muscle and bone pain, insomnia, D/V, cold flashes w/ goose bumps, involuntary leg mvmts?
Definition
Opiods
Term
Vicodain, Oxycontin, Morphine, Darvon, Dilaudid, Demoral, Lomital with codenie, and cough syrup w/ codeine are example of what class of drugs?
Definition
opiods
Term
Red Flags for Drug Abuse - Name 2
Definition

Rx not lasting

Multiple different providers

Term
What drug class has the AE of slowing HR and respirations and the withdrawal symptoms of seizures?
Definition
CNS depressents
Term
What class of drugs is benzodiazepines (valium and xanax); sleep medication (lunesta, ambein, sonata) and barbituates belong to?
Definition
CNS depressents
Term
What class of drugs has the AE of irregular heart beat, high body temp, CV failure, and seizure?
Definition
Stimulants
Term
What class of drugs do ritalin, dexedrine, and concerta belong to?
Definition
Stimulants
Term
What are the top 10 abused drugs?
Definition

PPHOCC LEMM

(Fuck Legal Ethics Morals)

  1. PCP
  2. Psilocybin Mushrooms
  3. Heroin
  4. Opium
  5. Cocaine
  6. Crack Cocaine
  7. LSD
  8. Ectasy
  9. Methamphetamines
  10. Marijuana
Term
What is the term that describes the "inability to practice medicine with reasonable skill and saftery b/c of physical or mental illness, loss of motor skills, or excessive use of ETOH/Drugs?
Definition

Impairment

(Remember one drink can cause impairment)

Term

What term is used to describe intentional commision of an act (such as giving a patient a lethal drug) that results in death?

A. Active Euthenasia

B. Passive Euthenasia

C. Negligence 

D. Mean Person

Definition
A. Active Euthenasia
Term

What is the term that describes when lifesaving tx (e.g. respirator) is withdrawn or withheld allowing a terminally ill patient to die a natural death?

A. Active Euthenasia

B. Passive Euthenasia

C. Negligence

D. Kevorkianism

Definition
B. Passive Euthanasia
Term
What is the four medical scenarios that allow for passive euthanasia to be plausible?
Definition

1. Severe Brain Damage

2. Comatose/Vegetative State

3. According to test and other examination, patient is unlikely to recover

4. Death is imminent and inevitable, tx would cause precarious and painful prolongation of life

Term
Who is the famous physician that was tried and put in prision for performing active euthanasia/assisted suicide?
Definition
Kevorkian
Term
What act in oregon gives terminally ill patients within the last 6 months of life the right to obtain a lethal dose of medication from his/her physician?
Definition
Death with Dignity ACt 1994
Term
What does section 782.08 of the florida statue state?
Definition
NO ASSISTED SUICIDE IN FLORIDA
Term
What act gives the patient the right to formulate advanced directive regarding healthcare descisions whether to accept or refuse medical tx before becoming incapacitated?
Definition
Patient Self-Determination Act
Term
What is a legal document describing those treatments an individual wishes or does not wish to recieve should they become incapacitated?
Definition
living will
Term
In a living will who must sign the document?
Definition

the patient

2 wtiness

Term
What is a legal device that permits one individual (principle) to give another person (attorney-in-fact or primary agent) the authority to act on behalf of the principle regarding health care issues? When does this become activated? 
Definition

Durable Power of Attorney for Health Care

When the person becomes incompetent

Term
What is the term when an agent makes a decision in a certain situation?
Definition
surrogate decision
Term
What is a form of surrgate decision making where the surrogate attempts to establish what decision the patient would have made if the patient were competent to do so?
Definition
Subsituted Judgement
Term
What is the term when the court declares a person incompetent and appoints a gaurdian?
Definition
Gaurdianship
Term
What allows a person to appoint an agent to make decision, but doesn't require the agent to know all situations and decision that could arise?
Definition
Health care proxy
Term
Futility of treatment is done when and by whom?
Definition

when the effect of tx will be no benefit to the patient - it is a scientific decision

MUST BE DONE BY PHYSICIAN

Term
What type of care is used in end of life situations?
Definition
Pallative Care
Term
What is the term that is used to describe "in the event of cardiac or respiratory arrest NO resucitative measures should be used to relive the patient?
Definition

DNR

Only work over a short period of the time and must be periodically reviewed as the patients condition and other circumstances change

Term
Angst:
Definition
profound anxiet/dread
Term
Aversion:
Definition
stong dislike
Term
Ennui
Definition
listlessness and disatisfication arising from boredom
Term
Indigent
Definition
annoyance from unfair tx
Term
Melancoly
Definition
deep lasting saddness
Term
Nostalgic
Definition
sentimental longing and wishfullness for past
Term
zestful
Definition
great enthusiasn/energy
Term
What committee address legal-ethical issues that arise during the course of a pts care and tx and provides education and consulative services to the patient, families, and caregivers?
Definition
Health Care Ethics Committee
Term
True/False: The health care ethics committee can make decisions for the patien
Definition

False.

They can only make recommendations; it is up the family members and pt to make final decisions

Term
Who makes up the healthcare ethics committee?
Definition

Mostly composed of hospital employees - medical staff

  • Nurses
  • Legal Advior
  • Ethicist
  • Educator
  • Clinican
  • Policial Leader
  • Clergy
  • Quality assurance/improvement manager
  • Corporate leader from business
Term
What is the top goal for the Healthcare ethics committee?
Definition
rights of the patient
Term
What are the functions of the heatlhcare ethics committee?
Definition
  • Develop policy and procedure guidelines assisting ethical dilemmas
  • staff and community education
  • conflict resolution
  • case reviews
  • consultation
  • polictical advocacy
Term
True/False. During a consult by the healthcare ethics committee only non-peer reviewed sources are reviewed? 
Definition
False. All patient records are reviewed 
Term
What are the four things that the healtcare ethics committee takes into consideration when making a patient based decision?
Definition

Quality of Life

Expressed Choice

Advanced Directive

Assessment of risks, benefits, alternatives

Term
What is the term for "a system of principles and processes by which people in society deal with their disputes and problems, seeking to solve or settle them w/o resorting to force?
Definition
Law
Term
What type of law is betwen an individuals and the government?
Definition
public law
Term
What type of law is between individuals and individuals?
Definition
Private Law
Term
What type of law s dervived from judicial decisions?
Definition
Common Law
Term
What type of law is derived from federal and state legislature?
Definition
Statuatory Law
Term
Does statuatory law override common law?
Definition
YES!
Term
What type of law is based on administrative agencies (e.g. taxation and immigration)?
Definition
Adminstrative law
Term
What does Res Judica stand for? What does type of law does it refer to?
Definition

"the thing is decided" - constitutes an absolute bar to subsequent action involving the same claim, demand, or cause of action

Common law

Term
What does stare decisis mean? What type of law does this refer to? When can this be abolished?
Definition
  • Let the decision stand - future law suits applies the same rules and principles of preceding cases
  • Common law
  • it can be abolished when the court concludes that the rule is no longer in accord with the needs of society and they must depart fom the precendent
Term
True/False: State law CAN violate or conflict w/ federal law
Definition
False - they CANNOT
Term
What are the first 10 Amendments to the consitution?
Definition

I. Freedom of speech, press, religion, petitiion

II. right to bear arms

III. conditions for quarters of soldiers

IV. Right to search and seizure regulated

V. Provision concerning prosecution

VI. Right to speedy trial; witnesses

VII. Right to trial by jury

VIII. Excessive bail; cruel punishment

X. Rights of the states under consitution

Term
What branch on the U.S. government enacts laws, repeals existing legislation, and creates new legistlation? What does it consist of?
Definition

Legislative Branch

Congress and Senate

Term
What branch of the government resolves disputes?
Definition
Judicial System
Term
True/False: Each state has its own court system
Definition
True
Term
What is the highest court in the US and how many justices?
Definition

Supreme Court

8 justices

1 cheif justice

Term
What branch of the government administers and enforces th law, serves a 4 year term, and is the commander and chief of the military?
Definition

President (Barrak Obama)

 

Term
How many compartments are there in the president's cabinent?
Definition
15
Term
Who is the commander and cheif of the "state military", appoints judicial officers, appoints/removes department heads, vetos legislation, recommends new legistlation, and presents annual budget for state?
Definition
State Govenor - Rick Scott
Term
What is the term that describes a "civil wrong (other than a breach of contract) committed against a person for which a court provides remedy in the form of an action for damages?
Definition
Tort
Term

What are the 4 objectives of Tort Law?

 

Definition
  • Preservation of peace
  • Culpability (find fault for wrongdoing)
  • Deterence (discourage wrongdoing)
  • Compensation (injured person of wrongdoing)
Term
What type of medicine surverys a wide range of international medical journals applying strict criteria for the quality and validity of research?
Definition
EBM
Term
What integrates expertise with the best available research evidence and patient values?
Definition
EBM
Term
What is a diagnostic and treatment process that a clinician should follow for a ceratin type of patients, illness, or clinical circumstance?
Definition
Standard of Care
Term
True/False: EBM trumps SOC
Definition
False. SOC trumps EBM
Term
What is an the term for when you unintentionally forget to commit something to memory?
Definition
Commission
Term
What is the term for when you intentionally omit what a prudent person would do?
Definition
Omission
Term

What is the following unintenional act examples of:

1. administering the wrong med

2. administering the wrong dose

3. unintentionally failing to present oral data to your preceptor

4. surgical removal of the wrong body part 

5. performing surgical procedure on wrong patient

Definition
Commision
Term

What are the following intentional acts examples of:

1. failing to adminster meds

2. failing to order dx tests

3. failing to f/u on abnormal results

4. failure to document in medical records

5. failure to review medical record and obtain data

Definition
Omission
Term
What is the term for a "form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on a reasonable member of society?
Definition
Negligence
Term
What is the term for negligence or carelessness of a professional person?
Definition
Malpractice
Term
What is the reckless disregard for the saftey of another (willfull indifference to an injury that could follow an act)?
Definition
Criminal negligence
Term

What is the term for execution of an unlawful or improper act?

Example: performing an elective abortion in the 3rd trimester when it is prohibited by law

Definition
Malfeasance
Term

What is the term for improperly performing an act, resulting in injury to another?

Example: surgery on wrong site

Definition
Misfeasance
Term

What is the term for failure to act, when there is duty to act as a reasonable purdent person would in similar circumstances?

Example: failing to order dx tests or prescribe rx that should have been ordered under the circumstance

Definition
Nonfeasance
Term
What is termed as the "legal obligation to care, performance or observance imposed on one to safeguard the rights of others"?
Definition
Duty of care
Term
What is the term for what a "reasonable prudent person would or would not do in a medical situation"?
Definition
Standard of Care
Term
What are the 4 aspects of duty of care?
Definition

1. Standard of Care

2. Ethicist and Standard of care

3. Duty to provide timely care

4. Duty to hire competent staff

Term
What is the term for "failure to conform to or departure from required standard of care for a patient"
Definition
Breach of duty
Term
What term includes, but is not limited to physcial harm, loss of income, loss of reputation or compensation for pain and suffering?
Definition
injury/accidential damages
Term
What is the term for the connection/relationship between negligent coduct and the resulting damages/injury?
Definition
Causation/Proximate Cause
Term

What is the term for when reasonable anticipation tha harm/injury is likely to result from an act or omission of an act?

Example: not performing an eye exam of a diabetic patient that states he had blurred vision

Definition
Foreseeability and Anticipation of Harm
Term
What is the term for an act that is committed deliberatly - reasons for the act that caused harm is irrelevant, person is responsible for damages?
Definition
intentional tort
Term
What is the term for a deliberate threat, coupled with apparent present ability to do physical harm to another?
Definition
Assault
Term
What is the term for intentional touching of another's person, in a socially impermissable manner, w/o the person's consent?
Definition
Battery
Term
What is the unlawful restraining or confining of an individual? If one uses excessive restaint is can result in...?
Definition

False Imprisionment

Battery and False Imprisionment

Term
What is the term used for communications to someone other than the perform other than the person demad that tends to hold that person's reputation up to scorn and ridicule?
Definition
Defamation of character
Term

What is the oral form of defamation?

Example: nurse aid saying "short staffed"?

Definition
Slander
Term

What is written form of defamation?

Example: signs, photo/written cartoon

Definition
Libel
Term
What is the term used to "maintain public order, saftey, to protect individual, to use punishment as a deterrent to crime, and to rehabilitate the criminal to return to society?
Definition

criminal law

 

Term
What is a form of criminal law that is punishable for less than 1 year in jail?
Definition
Misdemeanor
Term
What is the form of criminal law that is a serious crime, punishable by imprisonment in a state or federal penitentiary for more than 1 year?
Definition
Felony
Term
What is the criminal procedure?
Definition

1. Arrest - apprhension by a police office w/ filing of offical paperwork and fingerprintng for formal action in court of law

2. Arraignment - formal reading of the charges to the accoused (w/ counsel) with the defendent pleads guilty/not guilty.  If not guilty plea is entered, bail is set, and court date is arranaged

3. Conference - after plea of not guilty, plea-bargaining commences with agreed-upon disposition

4. Prosectuor - tries to prove the defendent is guilty d

5. Defense Attorney - tries to prove the defendent is innocent and that their rights are protected

6. Criminal Trial - jury selection, opening statemnets presentation of witnesses/evidence, summations, intructions to jury by the judge, deliberation, verdict, and appeal to higher court

 

Term
What is the term for the intent to defraud person/entity by false/faudulen pretenses, representaitons, or promises, and so obtain property form one or more such persons?
Definition

Fraud

 

Term

What are the following examples of?

1. billing for services not rendered

2. falsifying pt dx to justify tests

3. waiving pts copay/deductables

Definition
Fraud
Term
What is the term for illegally taking another persons or organizations property?
Definition
Theft
Term
What is the term for when all allegations are presented in a case?
Definition
Pleading
Term
Who is the person in a trail that initiates/files the complaint?
Definition
Plaintiff
Term
In a trial, who is the person against whom the suit is filed?
Definition
Defendent
Term
In a trial, what is the term for telling a person they need to appear before court?
Definition
Summons
Term
In a trial what is the complaint?
Definition
Allegation
Term
In a trail what is the response that is required rom the defendent after the complaint?
Definition
Answer
Term
What is is called when you investigate the facts of the case?
Definition
Discovery of Evidence
Term
How many jury members are there is common law?
Definition
12
Term
What is a legal order requiring the appearence of a person and/or the presentation of documents to the court?
Definition
subpoenas
Term
What is the term for the plantiff's attorney to prove the wrongdoing of the defendent by presenting credible evidence favorable to the client?
Definition
Opening Statement
Term
What is the term for when the plantiff's attorney shows the defedent has violated a legal duty by not following an acceptable SOC and that the injury was caused by the breach?
Definition
Burden of Proof
Term
What is the term for "facts presented during a lawsuit"?
Definition
Evidence
Term
What type of evidence is proof obtained through direct testimony?
Definition
Direct Evidence
Term
What type of proof is provided by evidence capable of making a truthful statement (example: drug inserts, medical records)?
Definition
Documentory Evidence
Term
What is the term for knowing the dangers exist and voluntarily accepts the risk through written constent prior to the procedure; the choice to incur risk was free and voluntary?
Definition
Assumption of risk
Term
What isthe term for the degree of negligence/carelessness of each party?
Definition
Comparitive negligence
Term
What is the term for any lack of ordinary care on the part of the person injured that, combined with the negligent act of another, caused the injury (person knows the dangerous situation, disregards the danger)?
Definition
Contributatory negligence
Term
What law protects against healthcare professional from liability in certain emergency medical situations
Definition
good samaritan laws
Term
What imposes time constaints on the period of time after an injury occurs during which a legal action must be commenced?
Definition
statue of limiations
Term
What is the term for common-law doctrine by which federal and state govenment historically have been immune from liability?
Definition
sovereign immunity
Term

What is the term for unlawful killing of a person with the malice of forethrought and premediated

Examples:

1. Kerry Killalot executes a plan to go to someone's house w/ the intent to kill

2. Dr. Nancy Morrison removes artifical life support causing a patient to die in ICU

Definition
First Degree Murder
Term

What is the term for unlawful killing of a person w/o a prior plan and not in the heat of passion.

Example: 

1. Sammy Schoolshooter takes gun to school with the intent to scare people, shots a teacher they die

2. Bruce Beater, gets in a fight and the person dies form injuries

3. Allen Airshot, firing a warning shot in the air and someone dies

4. Benny Burgler breaks into what he through was an empty house, gets scarred and shots the owner in the leg to get away, and the owner dies

5. Dr. Peter normann - death of 3 people from liposuction

7. Angel of Death - Genene Jones killed 11-46 children - intent was to save them after injection for praise but they died

Definition
Second Degree Murder
Term

What is the term for an "unlawful killing of another person w/o forethought and in the heat of passion"?

Example: Howey Husband w/ intent to tell Sammy Slime not to sleep with his wife anymore. Sammy Slime hits the husband and the Huband in the heat of passion is provoked into killing Sammy Slime.

Definition
Voluntary Manslaughter
Term

What is the term for unlawful killing of person due to a negligent act?

Examples:

1. Danny Drunk goes out w/ friends to have a drink, drives under the influnce and kills someone

2. Lucy Leadfoot drives too fast for the road condiitons, looses control and kills passenger

3. Lucy leadfoot drives too fast in construction zone and kill worker

4. Sally Swerver weaves in and out of traffic, cuts truck driver off, he flips and truck explodes and kills kids in school bus under bridge

5. Dale and Shannon Hickmean didnt give son adequate medical attention b/c of relgious beliefs and he died

6. Fatal overdose by prescription painkillers

7. Dr. Conrad Murry was convicted of this in the MJ Case

Definition
Involuntary Manslaughter
Term
What is the term for a specical kind of agreemnt, either written/oral that involves legally binding obligation between 2+ parties?
Definition
Contract
Term
What are the three elements of a contract?
Definition

1. offer

2. consideration

3. acceptance

Term
What is an agreement to not work for competitor for XX duration of time or w/in XX distance?
Definition
Non-Competition Agreement
Term

What Ammendment States the following?

States

ncannot deny any person (citizen) equal protection of law
nshall not make or enforce any law which shall abridgeprivileges or immunities of citizens
nshall not deprive any person (citizen) of life, liberty, or property, without due process of law
nshall not deny any person (citizen) equal protection of laws
Section 1 – All persons born or naturalized in the US and subject to the jurisdiction thereof, are citizens of the US and of the state wherein they reside.
oSection 5 – The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Definition
XIV
Term
What act prohibits racial discrimination?
Definition
Civil rights act 1964
Term
What part of the U.S. government prohibts racial discrimination of providers recieving fedal funds?
Definition
Health and Human Services
Term

What act made monopolies guilty of felony?

 

Areas of Concern for Healthcare:

  • reduced marked competition
  • price fixing
  • perferred provider aggangement
  • exclusive contracts
Definition
Sherman Anti-Trust Act 1890
Term
What act provides individuas with access to their records?
Definition
Privavcy Act of 1974
Term
What act provides appropriate requires hospitals ED to provide medical screening exams and are FORBIDDEN to dump patients from one ED to another?
Definition
Emergency Medical Treatment and Active Labor Act - 1986
Term
Which act decrease the ability of imcompetent physicians to move from state-state w/o disclosure of incompetence?
Definition
Health Care Quality Improvement Act - 1986
Term
What act was made to improve health care quality, reduce costs, and boraden/increases access to essentail services?
Definition
Agency for healthcare research and quality - 1989
Term
What act prohibits physicians who have ownership interest or compensation arrangements with clinical lab from referring Medicare patients to the lab; require Medicare providers to report names & provider numbers of all physicians or their immediate relatives with ownership interests in provider entity?
Definition
Ethics in Patient Referral Act - 1989
Term
What act allows patients to be informed of rights, excute advanced directives, accept/refuse medical tx?
Definition
Patient Self-determination Act 1990
Term
What act protects the privacy of the patient and security and confidentiality of patient info? Does it require Annual Training?
Definition

HIPAA - 1996

Yes! it does require annual training

Term

What is the act that was created by bush for promotion due diligency including:

self-regulation, leaders with moral and core values, searched for conflicts of inteest, and focused on attn to right things? This act also found former CEO of healthsouth guilty for all the bribary, conspiracy, and mail fraud brought against him. 

Definition
Sarbanes-Oxley (SOX) Act of 2002
Term
Authority delegated by statue is?
Definition
Expressed corporate authority
Term
Authority implied as needed, when not granted in an artile of incorporation?
Definition
Implied corporate authority
Term
what  is the act that says "athority is held liable for going beyond its scope of authority?
Definition
Ultra Vires Act
Term
What is the legal doctrine that holds employees liable for wrongful acts of their employees?
Definition
Respondent Supervisor
Term
What is the term when the coresponder is responsible for his/eher own negligent acts?
Definition
Independent contractor
Term
What is the term when the hospital is liable if it fails to uphold the proper SOC owed to the patient, which is to ensure the patient's saftey and well being while @ the hospital?
Definition
Corporate Negligence
Term
Who is appointed by the governning body to handle day to day operations of the hospital?
Definition
CEO
Term
Who sets the accrediations for the hospitals, ambulatory care, home care, behavioral health care, lab services, LT care, and office based surgery?
Definition

JCAHO - Joint Commission on Accreditation of Hospital Care Organizations

 

Term
Do Not Use List
Definition

Cannot Use:

  • U for Unit
  • IU for International Unit
  • Q.D. for dailty
  • Q.O.D. for every other day
  • 3.0 can only write 3
  • .3 must write 0.3
  • MS for morphine sulfate
  • MSO4 for Magnesium sulfate
  • </> must write out
  • Drug Abbreviations
  • Units other than metric
  • @
  • cc - must use mL
  • ug - must write it out
Term
Who controls patient saftey, universal protocols, and infection control?
Definition
JCAHO
Term

What type of event signals immediate investigatior and response to an unexpect occurance involving death or serous injury (e.g. loss of limb function)?

 

Definition

Sentinal Event

(Advisory group, forms and tools, policy and procedures, alert statistics)

Term
What does Public Policy reports include?
Definition

Waste Reduction

Emergency Prepardness

Pt Saftey

Organ Donation

Term

PA Physician Team Key Points:

 

Definition

Communication

Coverage on vaca

Credentials

Term
Who is responsible for providing well balanced diet that meets daily nutritional needs and special dietary needs of the patient?
Definition
Dietician
Term
True/False: Pharmacists are allowed to adminster drugs in all states
Definition

False - only in some states

Their duty is to monitor pts meds and educate pt on drugs and warn about potential OD

Term
What is the role of psychologist?
Definition
safegaurd welfare and rights of patient
Term
What must your ALWAYS inform the patient of when proposing procedures?
Definition

Risk

Benefits

Alternatives

Term
What three things must you do to safely administer medications?
Definition

verify med

verifty dose

verify patient

Term
What group controls PA certification?
Definition
NCCPA
Term
For recertification how many total CME hours do you have to have in 2 years?
Definition
100
Term
How many CAT1 hours must you have in 2 years?
Definition
50+
Term
How many years until you PANRE?
Definition
6 years
Term
Who controls your license, state or federal?
Definition
state
Term
How many PAs is an MD legally allowed to have?
Definition
4
Term
What is the term for what your physician lets you do based on what you can do, education, training, and/or experience?
Definition
Credentialing
Term
What is the term for if the hospital gives your full/visiting/or supervised access to the hosptial?
Definition
Priveleges
Term
What term is used for validating the background & assessing the qualification of health care professionals to provide healthcare servives in an organization AFTER through investigaion?
Definition
Credentialing
Term
How many medically acceptable treatments must be presented to the patient?
Definition
2+
Term
What are the three things that constitute informed consent?
Definition

Risk

Benefit

Alternative

Term
What is the term for when a physician who decides to withdraw his/her service w/o providing the patient reasonable notice?
Definition

abandonment

Must provide reasonable notice

Term
What is the leading cause of nosicomal infections, injury, and unnecessary death in hospitals?
Definition
NOT WASHING HANDS OR EQUIPMENT
Term
What is the #1 medication error that leads to patient injury?
Definition
Not asking OTC and herbal suppliments
Term
What time of the year is there an in increased in suicides?
Definition
Holidays
Term
What act prohibited gender discrimation and fair wages for the work performed?
Definition
Equal Pay for Equal Work Acct 1963
Term
When must you tell your supervisor about refusal of patient care due to religion?
Definition
Before hire
Term
What is the term for any physical or verbal sexual tension that creates an intimidating or offensive work environment?
Definition
sexual harrassment
Term
What gives employees the option to terminate employment for any or no reason except in a contract?
Definition
Right for Fair treament in employment
Term
What is the right to be free from retaliation for filing a claim or complaint against an employers?
Definition
Whistleblower rights
Term
What title prohibits employers from discrimination in the hiring process basedon color, race, religion, sex, or national origin?
Definition
Title VII
Term
What act prohibits discrimination against a person with qualified disability that can perform essential functions w/ or w/o resonable accomidation?
Definition
Amercan's with Disabilities Act 
Term

What act prohibits employers from giving preferential tx to younger individuals than older?

Only applies to companies w/ 20+ employees and 40+ people

Does not prevent employeer from hiring older over younger

Definition
Age Discrimination in Employment Act
Term
What act provides regulations to the duration of work dats, dreaks an employer must provide?
Definition

Fair Labor and Standards Act (FLSA)

Time and 1/2 for > 40 hrs/week

even if you are salary you can still get overtime

Term
What is a voluntary aggreemnt by a person who possess sufficient mental capacity to make intelligent choice to allow another person to perform a proposed medical procedure on himself/herself?
Definition
Consent
Term
What type of consent is determined by some act of silence, which raises presumption that consent is authorized?
Definition
Implied
Term
What type of legal consent provides a patient to the risks, benefits, and alternatives of a proposed procedure?
Definition
informed consent
Term
If you do not get a patients informed consent it is considered what?
Definition
battery
Term
Whose duty is it to get the informed consent form the patient...hospital or the PA/Physican?
Definition
PA/Physician
Term
What is needed to determine if a patient is incompetent?
Definition

court determines them otherwise 

or

2 physicans (usually one internal medicine and one physiatrist)

Term
Which consent is better oral or written?
Definition
written
Term
What type of consent is used when immediate tx is required to perserve life or prevent permanent impairment of pt health...pt is unconsious/incapacity, emergency exists, pt would have consented if conscious?
Definition

Emergency/implied consent

this is not battery

Term
What is an example of implied consent in a non-emergency situation?
Definition
Vaccine
Term
When a patient refuses tx what do you do?
Definition

document why

AMA

sign chart or document refused tx

Term
What is the common patient that is having senior abuse?
Definition
Female > 75 y/o
Term
What is the term for a person < 18 y/o who has suffered intential serious mental, emotional, sexual and/or physical injury inflicted by a parents, or other person usually responsible for the child's care?
Definition
Child Abuse
Term
What is the stages of bruising?
Definition

Red - day 1

Black/Blue - day 5

Green - day 7

Yellow - day 10

Term
When to report child abuse to Child Protective Services....
Definition
  • injuries to the head, bruises to the H&N, burns or fx in a child of any age
  • brusies anywhere on a child < 5 y/o
  • alleging sexual abuse
  • sexual transmitted dz in prepubescent child
  • malnutrition
  • medical neglect
  • sx of serious emotional problems
  • a sibling/child remaining in a home where one or more children have been pronouced dead 
Term
What ammendement of the Fl Constitution makes hospital reveal its records of past acts of malpractice? 
Definition
Ammendemnt VII
Term
When are disclosure of patient information allowed...
Definition
  • other providers caring for pt
  • third-party payers
  • law enforcement agencies
  • serious threat to public health/saftey
  • military command
  • wormans comp
  • subpoena
  • purpose of Id by medical coroner/examiner
Term
True/False: Patients have access to hospital peer-reviewed material regarding their care?
Definition
True
Term
What are the patient responsibilities?
Definition
  • be quiet and considerate of others 
  • conform to rules and regulation of the hospital
  • keep appointments
  • follow tx plan
  • paying financial obligations related to care
Term
What is a non-medical reason that your PA license can be revoked?
Definition
Not paying child support
Term
What is scope of practice?
Definition

practicing only what duties delagated to your as the PA from your supervising physician

Hx, PE, Dx tests, Tx plan

Term
Is not submitting body fluids for examination of ETOH/drugs unprofessional conduct?
Definition
YES!
Term
Complaint is filed what is the first step?
Definition

notify your supervising physican

 

Then:

notify malpractice carrier, obtain lawyer, watch time frame constraint on reply, immediate review of pt chart, DO NOT change or remove anything from chart, if you made a mistake - ADMIT IT

Term
What are the four most misdiagnosed conditions?
Definition

MI

Infxn

Fx

Cancer

Term
What are family practicioners most sued for?
Definition

Failure to dx (20%)

Delay in dx

Term
What is the medication ranked top in most deadly due to medical error?
Definition
Insulin
Term
What is the most common "difficult patient"
Definition
Pts w/ physcosocial problems and lower social status (15%)
Term
What is the term for failure to exercise care and diligence ordinarily exercise by a comparable physican/PA-C?
Definition
Negligence
Term
What is the term for what a reasonable provider would do under the same/similar circumstances?
Definition
Standard of Care
Supporting users have an ad free experience!