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Flashcards in Legal & Ethical Deck (62)
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open threat of bodily harm against another person



an action that causes bodily harm



deception with the intent to deprive another person of his/her rights



intruding on a patient's private affairs or disclosure of private information Ex: entering a patient's room without knocking or having permission

Invasion of Privacy


the negligent delivery of professional services



the failure to do something that a reasonably prudent individual would do under similar circumstances



provide a list of organizations within the local community that can assist the situation

Spousal Abuse/Intimate Partner Abuse


report suspected abuse to the provider; it is not an MA's place to confront the patient or parent

Child Abuse


a civil wrong committed against a person or property



refers to the chronological documentation showing the paper trail, custody, control, transfer, analysis and disposition of physical or electronic evidence; evidence must be sealed in front of patient

Chain of Custody


sets quality standards and issues certificates for human clinical laboratories; set in place to regulate the testing of human specimens in labs (blood, tissue, other bodily material used to diagnose, prevent and treat various diseases)

Clinical Laboratory Improvement Amendments (CLIA)


the right to inspect, review and to receive a copy of your medical records and billing records that are held by health plans and health care providers covered by the privacy rule -involves health insurance portability access/renewal without preexisting conditions & coordination of care to prevent duplication of services

Health Insurance Portability and Accountability Act (HIPAA)


1. to provide continuous health insurance coverage for workers who lose or change their job 2. to reduce the administrative burdens and cost of healthcare by standardizing the electronic transmission of administrative and financial transactions and protects the patient's personal medical information and confidentiality

Purposes of HIPAA


-a CCMA cannot disclose any patient information unless authorized -discussing a patient's medical information is breaking guidelines -cannot release patient information to anyone regardless of relationship without consent of the patient



regulates that correctly identifying patients is crucial to improving patient safety

The Joint Commission


federal agency that oversees and regulates health and safety in the workplace through laws, regulations and their enforcement; training provided at no cost to the employee

Occupational Safety and Health Administration (OSHA)


promotes accurate test results

Quality Control (QC)


the MOST IMPORTANT step in ensuring patient safety -always ask patients to confirm their full name and DOB -never confirm patient's name by speaking their name and DOB to them; always ask them

Patient Identification


agreement implied by the patient for examination and treatment when presenting for a routine visit; also, in an emergency, consent that is assumed the patient would give if they could do so Ex: extending arm for phlebotomy or removing clothing for a medical procedure/examination

Implied Consent


consent given by a patient after all potential treatments and outcomes have been discussed for a specific medical condition/treatment Includes discussing risks, possible outcomes and alternative therapies

Informed Consent


requires patient's signature in order to perform procedure/treatment

Written Consent


a list of guarantees for those receiving medical care -patients have right to a copy of their medical records -guarantees fair treatment -autonomy over medical decisions and many more rights -active role in health care team -right to be respected -right to confidentiality

Patients' Bill of Rights/Patient Care Partnership


should always be filled-out in chronological order

Problem Oriented Medical Record (POMR)


-patients have a right to view these at any time -information within them belongs to the patient -physical form where the information is housed belongs to the author

Medical Record


a legal document a patient draws up to ensure their wishes are honored even if they are unable to make their own decisions due to an incapacitating health care condition

Advance Derivatives


-a legal document that allows a patient to make clear their wishes regarding different medical decisions should they become incapacitated -part of will can name a person who should make medical decisions for them

Living Will


-document that names a patient-appointed representative to make health care decisions on their behalf if necessary -different than a living will because it can span a longer period and can end when the patient regains ability to make own decisions (not necessarily focused on end of life care)

Medical Durable Power of Attorney


-mandates that health care facilities inform and protect a patient's right to make decisions about their care -right extends even if they become incapacitated through advance derivatives such as power of attorney

Patient Self-Determination Act (PSDA)


-a legal framework for the donation and use of organs, tissues and other human anatomy in the U.S -used in medical practice, for scientific research and for educational purposes

Uniform Anatomical Gift Act (UAGA)


-formed to regulate food safety in the U.S -involves supervising and controlling products such as tobacco, dietary supplements, medications, vaccines and many other products that are consumed by the American population, including animals

Food and Drug Administration (FDA)