MA 286 Health Care Law chapter 2,6, and 7

materialism
the tendency to consider material possessions and comforts more important than spiritual matters, or the philosophical position that nothing exists except matter and that there are no supernatural dimensions to life.
needs-based motivation
The theory that human behavior is based on specific human needs that must often be met in a specific order. Abraham Maslow is the best known psychologist for this theory.
sensorimotor stage 1st
in Piaget’s theory, the stage (from birth to about 2 years of age) during which infants know the world mostly in terms of their sensory impressions and motor activities and is totally self-centered.
pre-operational or egocentric stage 2 secnd.
in Piaget’s theory, the stage (from about 2 to 6 or 7 years of age) during which a child learns to use language but does not yet comprehend the mental operations of concrete logic or not playing game by the rules, the focus is on fun.
concrete operational stage
in Piaget’s theory, the stage of cognitive development (from about 6 or 7 to 11 years of age) during which children gain the mental operations that enable them to think logically about concrete events and see adults as powerful and controlling.
formal operational stage
in Piaget’s theory, the stage of cognitive development (normally beginning about age 12) during which people begin to think logically about abstract concepts and begin to understand that there may be different degees of wrongdiong.
pre-conventional morality
The first level in Kohlberg’s theory; at this level (from ages 2 to 7) moral reasoning focuses on rewards for good actions and punishments for bad actions.
conventional morality
second level of Kohlberg’s stages of moral development in which the child’s behavior is governed by conforming to the society’s norms of behavior. If you hit me, I will hit you back. Do something nice for me and I will do something nice for you.
Post-conventional morality
With the abstract reasoning of formal operational thought, people may reach a third moral level. Actions are judged “right” because they flow from people’s rights or from self-defined, basic ethical principles.
teleological theory
decision-making theory that judges the rightness or wrongness based on the outcomes or predicted outcomes.
utilitarianism
(the quality of being designed primarily for practical use rather than beauty).
The idea that the goal of society should be to bring about the greatest happiness for the greatest number of people.
principle of utility
requires that the rule used in making a decision must bring about positive results when generalized to a wide variety of situations.
deontological or duty-oriented theory
decision-making theory that states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome of the act
categorical imperative
A rule that is considered universal law binding on everyone and requiring action.
virtue ethics
Focuses more on the integrity of the moral actor than on the moral act itself.
The goal is to be, or INTEND TO BE, a good person because that is the type of person you WANT to be and such as practical wisdom (common sense), a sense of justice, and courage will make the right decision.
virtue is
the quality of doing what is right and avoiding what is wrong.
automony
independence; self-determination; self-government; self-rule. The capacity to be one’s own person and make one’s own decisions without being manipulated by external forces.
beneficence
the practice of doing good or the acts performed by a health care practitioner to help people stay healthy or recover from illness.
nonmaleficence
do no harm, from the Hippocratic oath.
confidentiality
the state of being secret.
justice
as what is due an individual.
Role fidelity
being faithful to the scope of the services for which you are licensed, certified, or registered.
veracity
truth telling.
Chapter 6 (defenses to Liability Suits)
from the perspective of….
why do patients sue
unrealistic expectations.
poor communication.
greed.
lawyers/society.
poor quality of care.
poor outcome.
failure to understand pt’s perspective.
physician cold/uncaring.
misdiagnosis, failure to diagnose, or a delay in diagnosis
wrong diagnosis.
malpractice resulting from a physician’s negligence procedures.
denial or denial of wrong doing
A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking.
Affirmative Defenses
Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient’s condition was caused by some factor other than the defendant’s negligence
contributory negligence
a defense that says a person who is injured by a defective product but has been negligent and has contributed to his or her own injuries cannot recover from the defendant.
plaintiff
a person or party filing a lawsuit or petitioner (in court of law).
comparative negligence
negligence of each party is compared that patient may have some responsibilities for their own act for 20% and physician contributed 80% toward the injuries.
assumption of risk
A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger (expected: taken for granted).
technical defenses
defenses used in a lawsuit that are based on legal technicalities such as the stature of limitations has run out, there is insufficient evidence to support the plaintiff’s claim of negligence.
torfeasor
one who commits a tort (in civil law, a wrongful act for which damages can be sought by the injured party)
release of tortfeasor
a technical defense that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit.
res judicata
“The thing has been decided.” A claim cannot be retried between the same parties if it has already been legally resolved. If patient did not pay the fee, pt. can not sue the doctor for his negligence or the doctor can not sue the patient if he did not document the unpaid fee.
risk management
A strategy developed to reduce or control the chance of harm or loss to one’s health or life; the process of identifying, evaluating, selecting and implementing actions to reduce risk to human health and to ecosystems
quality improvement or quality assurance
A program of measures taken by health care providers and practitioners to uphold the quality of patient care.
Risk management has become a necessary health are practice component because
liability is a major factor in health care delivery.
Methods used to manage risk are part of
quality improvement or quality assurance.
which of the following activities help health are providers avoid litigation?
medical record charting,patient scheduling, writing prescription, and communication with patients.
Credentialing consists of
verifying health are provider’s credentials before hiring.
liability insurance
insurance that provides protection from claims arising from injuries or damage to other people or property
claims-made insurance
a type of liability insurance that covers the insured only for those claims made (not for any injury occurring) while the policy is in force.
occurrence insurance
a type of liability insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy is in force, regardless of when the claim is made.
tail coverage
an insurance coverage option available for health care practitioners: when a claims-made policy is discontinued, it extends coverage for malpractice claims alleged to have occurred during those dates that claims-made coverage was in effect.
what types of defense may be used in a medical malpractice lawsuit?
Denial.
what are the common risk management methods ?
quality improvement (QI) or quality assurance.
what types of professional liability insurance are available to medical providers?
claims-made
Chapter 7, Medical Records and Info.
explain the purpose of medical records and the importance of correct documentation.
medical record
collection of data recorded when a patient seeks medical treatment.
subpoena
notice ordering someone to appear in court
informed consent
consent by a patient to undergo a medical or surgical treatment or to participate in an experiment after the patient understands the risks involved
implied consent
The consent it is presumed a patient or patient’s parent or guardian would give if they could, such as for an unconscious patient or a parent who cannot be contacted when care is needed.
doctrine of informed consent
The legal basis for informed consent, usually outlined in a state’s medical practice acts.
emancipated
minors who are no longer under the control of their parents and are responsible for their own contract.