module 2

• Congress is = who makes the laws, made up of two parts, the House of Representatives and the Senate
• State legislators = make state law
• US Congress makes = federal laws
• Local governments make = resolutions or ordinances
• Statutory law = laws enacted by Congress state, legislator, or local government
• US Supreme Court makes law by = interpreting constitution
• Common law is also known as = case law or precedent
• Medical assistance must always perform their duties within = their scope of practice
• Mediation is = recommended terms of agreement between disputing parties
• Arbitration is = impulse terms of agreement between disputing parties
• Malpractice = bad practice
• beyond a reasonable doubt = criminal law
• Preponderance of evidence = civil law
• Misdemeanor = a crime punishable by less than one year or a fine
• Felony = crime, punishable by more than one year
• Murder = the unlawful killing him another with malice aforethought
• Manslaughter = the unlawful killing of a human, being without malice, voluntarily or involuntarily
• Robbery = the unlawful, taking of money or goods from another by force or intimidation
• Burglary = like robbery, but does not involve the presence of a victim
• Tort = comes from Latin, and means wrong can be intentional or unintentional
• Negligence = unintentional ask most often concerning medical professionals
• In a negligence case, there must be = do you care, breach of duty, harm suffered by plaintive, the harm must be a result of defendants breach of duty.
• Statute of limitations is what = Time to file a lawsuit, which is two years
• Elements of a valid contract = offer, acceptance, consideration
• Types of contracts = express, implied
• Providers are required to report what = Child abuse and elder abuse
• Neglect is what = failure, refusal of caregiver, or other responsible person to provide physical, emotional or social needs, or failure to protect from harm
• Exploitation is what = unauthorized or improper use of resources for monetary or personal benefit, profit or gain
• An incompetent person cannot what = consent or refuse care
• Patient self-determination act requires providers to inform patients of what = their right to accept or refuse treatment, their rights in regarding to advance directives under state law, any hospital, or provider processes regarding withholding or withdrawing life-sustaining equipment
• What is risk management? = identifying risks, risk assess and analyze, plan, action, implement, (measure, control, and monitor)
• Ethics are what = rules of conduct for particular issues based on what is believed to be right or wrong
• Who should you report criminal conduct to? = local police
• Who should you report improper disclosure of patient information to = the Privacy Officer
• Who should you report provider misconduct to? = practice administrator or office manager
• Office staff misconduct is reported to = practice administrator, security officer, or office manager
• Autonomy is what = patient has a right to make determinations for him or her self
• Beneficence is what = requires people to do what is in the best interest of others
• Distributive justice is what = the principal by which we as a society decide to allocate resources that are in scarce supply
• egalitarian approach = everyone gets an equal share