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53 Cards in this Set
- Front
- Back
A person with the legal right to speak/act on behalf of another. The person is legally responsible for the actions and/or statements made by the agent on his behalf.
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AGENT
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The breaking or violating of a law, promise, contract or duty.
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BREACH
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The laws of a state or nation which deal with the enforcement of civil rights. Disputes between citizens; violation of rights by one person to another
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Civil Law
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Unwritten law that is based on customs or court decisions.
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Common Law
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A relationship in which one cannot reveal information given to him by another without the express consent (permission) of the other, unless required by law.
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Confidential Relationship
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Laws that pertain to crime and it's punishments.
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Criminal Law
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"The Law of Agency" - The doctor is principle; you are his agent.
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Doctrine of Respondeat Superior
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A set of behavioral/moral standards formed by a particular group or profession which attempts to govern the actions or behavior of the members of that group.
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Ethics
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A crime more serious than a misdemeanor.
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Felony
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Laws exempting physicians and other medical professionals from liability for treatment given in accident cases.
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Good Samaritan Law
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Group established by the local medical society who hear and investigate complaints about physicians in the area regarding professional care or excessive fees charged.
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Grievance Committee
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To give consent by inference or action but without the express statement.
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Implied Consent
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To give consent, having full knowledge of the matter at hand and the dangers that may be involved (written).
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Informed Consent
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State laws which govern the methods and requirements in gaining a license to practice medicine. Includes what a physician can practice in his field(specialty) and grounds for suspension or revocation of license.
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Medical Practice Acts
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The relative incidence of disease.
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Morbidity
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Ten section code condensed by the AMA in 1957 to aid the physician to individually and collectively maintain a high level of ethical conduct.
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Principles of Medical Ethics
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The acceptance of one state's standards as at least equal to or superior to their own.
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Reciprocity
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The cancellation or summoning back of a license/act.
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Revocation
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Any written law.
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Statute
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A civil wrong. (malpractice, liability, slander)
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Tort
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ethics
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set of moral standards, not laws
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bioethics
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moral issues that arise as a result of science and technology
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law
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rule enforced by a governing authority
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professional courtesy
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based on customs and courtesies shown to other professionals, involves discounts or waiver of fees. Physician decides who receives.
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Hippocrates
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Greek physician
wrote the hippocratic oath considered the "Father of Medicine |
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Thomas Percival
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English physician
Wrote the fist official code of ethics for physicians |
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Principles of Medical Ethics
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current document with ethical guidelines for physicians
1847, AMA wrote, has 4 sections |
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Ethical distress
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a certain course of action is indicated but something hinders the action, you know the right thing to do but for some reason you can not do it.
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Ethical dilemmas
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two or more choices are acceptable/correct but doing one precludes doing another, you will make good choice but somethng of value will be lost by not doing the 2nd choice"caught betwn rock and a hard place"
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Dilemmas of justice
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choices regarding who receives benefits and in what proportion. Organ donations and distribution of scarce or pricey meds.
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locus of authority issues
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two or more authority figures with their own ideas of how a situation should be handled, but only one will prevail. 1 physician feels a patient needs surgery & the other does not.
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5 components of ethical decision making process
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1. Gather relevant information
2. i.d. the type of ethical problem 3. determine the type of ethics to use 4. explore the practical alternatives 5. complete the action |
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Euthanasia
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removing life support when no evidence of biologic life
CANNOT be decision of the physican. Ethical dilemma. AMA does not approve of physician participation |
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advanced medical directives
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used with Durable Power of Attorney in Advance Health Care (DPAHC)
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Durable power of attorney
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a)Term used for the instructions of HC prior to becoming incapacitated
b)Fed. Law required that Medicare/Medicade patient be given this information. |
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Clinical trial and investigations
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a)physician must follow systematic program with due concern for the welfare, safety, and comfort of the patient, whether they run the study or refer pt to another physician.
b)AMA recognized the value of trials, may be some neg. effects. c)Voluntary, must have written consent. |
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Interprofessional relationships
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1. physicians are free to choose who they want to treat
2. Can refuse anyone 3. Notification to established pt is necessary , letter of withdrawl, not w/i crisis, availibility of another physician physicain can be charged w/ abandonment |
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letter of withdrawl
interprofessional relationships |
3. Notification to established pt is necessary, not w/i crisis,
availibility of another physician should be concidered physician can be charged w/ abandonment |
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Errors in Physician orders
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MAA is ethically obligated to notify the Physician
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Physician refererring pt
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should only refer when they are sure pt will receive competent tx
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"News in the public domain"
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information considered public record
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Physicians can release information
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only Physician can release info considered public knowledge
name, address, age, sex, maritial status, employer, occupation, next of kin, names of parents |
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More info Physicians can release
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nature of accident
diagnosis and prognosis pt general condition not allowed to give specifics - lab findings , xrays or autopsy reports |
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Fees and charges
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charging for missed appts is okay with pt prior knowledge
shoudl be reasonable /never excessive unethical to charge for admitting pt to hospital inital insurance forms should be free but can charge for subsequent |
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Fee splitting
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fee splitting is unethical
occurs when a physician accepts $ from another physician, lab, or drug company, solely for referral both parties are guilty of unethical behavior |
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Advertising
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Must be factual info only, and not misleading
testimonials from others regarding quality of care should not used, they are subjective and can be misleading |
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Ghost surgery
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unethical
is substitution of one physician for another w/o pt consent pt has the right to choose their physician |
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Medical records
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considered physicians property
(or clinic, hospital) confidential needs permission to release info unless required by law otherwise it is a breach of confidentiality or invasion of privacy |
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Required by law to report
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communicable dieseases
animal bites violent wounds suspected abuse drug abuse any plastic surgery that changed pt fingerprints , or indicates pt is fugitive of justice if physician dies, moves, or retires, pt must consent to have records tranferred |
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More on required by law to report
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if pt cannot be reached the records cannot be thrown away, they must be stored or destroyed
(burned or shredded) Must be transferred if requested Medicaid or Medicare pt records must by kept for 5 years generally records should be kept indefintely - re; statue of limitations |
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Know about the Scope of practice
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a.guidelines that designate the limitations of your practice as a HCP. Stay within the limits of your practice.
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AAMA(American Assoc. of Medical Assist.) Creed
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I believe in the principles and purposes of the profession of medical assisting.
I endeavor to be more effective. I aspire to render greater service. I protect the confidence entrusted to me. I am dedicatged to the care and well-being of all people. I am loyal to my employer. I am true to the ethics of my prof. I am strengthened by compassion, courage, and faith. |
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AAMA Code of Ethics.
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The code of Ethics of AAMS shall set forth principles of ethical and moral conduct as they relate to the medical profession and the particular conduct as they relate to the medical prof. and the particular practice of medical assisting. Members of the AAMA dedicated to the conscientious pursuit of their prof. and thus desiring to merit the high regard of the entire medical prof. and the respect of the general public which they serve, do pledge to strive to always :
a)render service with full respect for the diginity of humanity; b)respect confidential information obtained through employment unless legally authorized or required by responsible performances of duty to divulge such info.; c)uphole the honor and high principles of the profession and accept its disciplines; d)seek to continually improve the knowledge and skills of medical assistants for the benefit of patients and professional colleagues; e)participate in additional service activities aimed toward improving the health and well-being of the c |