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administrative law
addresses statutes that are enacted regarding the power of agencies
examples: the internal revenue service or occupational safety and health administration (OSHA) regulate and enforce laws. administrative law ensure licensure and practice regulations.
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advance directives
legal document that are created by a competent person to provide written information concerning his or her desires for treatment if for some reason the patient is unable to make decisions on his or her own
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assault
a deliberate act wherein one person threatens to harm another person and the victim feels that the attacker has the ability to actually carry out the threat. intentional tort
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battery
the unlawful touching of a person without their consent, even if the act is performed for their benefit. battery involves bodily harm.
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civil law
involves crime against an individual and it includes such crimes as slander, libel, trespassing, and contract violation
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common law
the oldest form of law.
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consent
the voluntary agreement or permission that a patient gives a medical professional to allow that professional to touch, examine, and or perform treatment or a procedure on them
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criminal law
involves crimes against the state or society as a whole
- examples:
- felonies- murder, rape, robbery, larceny, arson, burglary, tax evasion, practicing medicine without a license.
- misdemeanors- traffic violations, disturbing the peace and minor theft.
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defamation of character
when someone makes false or malicious statements about someone else.
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diagnostician
a physician who provides a patient with a diagnosis
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do not resuscitate
a written physician's order instructing healthcare workers to not perform lifesaving cardiopulmonary resuscitation
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durable power of attorney for healthcare
legal document that appoints an agent to act on behalf of the patient to make decisions about the patient's care should the patient lose the ability make his or her own decisions; also referred to as a healthcare proxy
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embezzlement
the illegal appropriation of money of funds by someone who is typically entrusted with its care
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false imprisonment
occurs in healthcare when a medical professional confines a patient in some way or when a patient is held against his or her will without justification or consent
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felonies
crimes that are either punishable by death or by imprisonment in a state or federal institution for more than one year
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fraud
any attempt to deceive someone deliberately in order to secure unjust or unlawful gain
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good samaritan laws
laws that include protection for persons who provide emergency care to a stranger from civil or criminal liability
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healthcare advance directive
legal document that combines a living will and a durable power of attorney for healthcare
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immobilization devices
any device used to restrain a patient requires a physician's order
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implied consent
consent offered when a patient demonstrates the acceptance of a procedure simply by his or her nonverbal actions
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infliction of emotional distress
results from intentionally causing emotional or mental suffering
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informed consent
the act of providing a patient with a proposed procedure or course of treatment, explaining the risks and benefits, and ultimately gaining permission to perform the procedure or treatment
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intentional torts
results in actions that are done in order to cause harm to another person
examples: battery, false imprisonment, invasion of privacy, defamation of character
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invasion of privacy
the interference of a person's right to be left alone
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laws
mandatory rules to which all citizens must adhere or risk the consequences of civil or criminal liability
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libel
publishing information in a written form that is injurious to a person's reputation
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litigius
excessively prone to use legal means to settle a dispute
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living will
legal document that expresses a patient's wishes concerning his or her future medical care
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Medicaid
U.S health assistance program funded by the federal, state, and local government to help benefit low-income individuals
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Medicare
U.S health assistance program funded by the federal government to help the elderly over 65 and disable individuals under the age of 65
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misdemeanors
crimes that are punishable by fines or imprisonment other than jail for less than one year
examples: traffic violations, disturbing the peace, and minor theft
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negligence
occurs when someone has a duty to provide reasonable care and fails to do so regardless of intentions
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occupational safety and health administration OSHA
administrative agency of the United States that establishes and enforces employee health and safety standards
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patient confidentiality
the protection of health-related information and maintaining patient privacy
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patient protection and affordable care act of 2010
expansive federal law, which among many things, seeks to lower medical cost, while at the same time providing options for the uninsured to receive healthcare insurance
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patient's rights
the legal rights of the patient to related to the patient-medical caregiver relationship
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patient self-determination act of 1990
established guidelines concerning the end-of-life desires of patients confronted with serious illnesses
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professional liability insurance
individual insurance purchased by a sonographer to guard against malpractice claims when employer coverage is ambiguous and to protect against personal loss
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Res ipsa loquitur
doctrine of negligence, which means "the thing speaks for itself"
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Respondeat superior
doctrine of medical malpractice which means "let the master answer"
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rights
an individual's just claim or entitlement
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scope of practice
defines the role of a professional in the practice of his or her occupation
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slander
speaking potentially damaging malicious words about someone that could hinder his or her reputation
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standard of care
the care a reasonable and prudent person would provide in a given circumstance
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standards
statements of the minimal behavioral or performance levels that are acceptable. something established by authority as a rule for the measure of quantity or quality
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stare decision
legal doctrine, which means "let the decision stand;" the basis for decisions that look upon the results of similar past case decisions for a resolution
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statutory duty to report
the obligation of health professionals to follow state public health laws to report medical conditions or incidents
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statutory law
includes laws, referred to as statutes, which are enacted by federal, state, or local governments
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tort
a wrong committed against a person or property , which may result in physical injury, damage to personal property, or deprivation of someone's personal liberty or freedom
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unintentional torts
acts that are not intentionally committed but result in a injury to a person
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