CM2500 Medical Ethics Bailey Chapter 3

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1. executive order A rule or regulation issued by the 17. State Crimes murder, burglary, robbery, arson, rape,
President of the United States that can include sodomy, larceny, mayhem (needless or
becomes law without the prior the following willful damage or violence), and practicing
approval of Congress. medicine without a license.
2. checks and balances The system established by the U.S. 18. Federal matters affecting national security (treason);
Constitution that keeps any one Criminal crimes involving the country's borders; and
branch of government from offenses illegal activities that cross state lines, such
assuming too much power over include as kidnapping or hijacking.
the other branches.
19. felony An offense punishable by death or by
3. Can state constitutions They can not imprisonment in a state or federal prison for
conflict with the United more than one year.
States Constitution.
20. Felonies abuse (child abuse, elder abuse, or
4. constitutional law Law that derives from federal and include domestic violence), arson, burglary,
state constitutions. conspiracy, embezzlement, fraud, illegal
drug dealing, grand larceny, manslaughter,
5. Federal constitutional the United States Constitution
mayhem, murder or attempted murder, rape,
law is based on
robbery, sodomy, tax evasion, and
6. State constitutional law each state's constitution. practicing medicine without a license.
derives .
21. Misdemeanors are less serious crimes than felonies. They
7. case law Law established through common are punishable by fines or by imprisonment
law and legal precedent. in a facility other than a prison for one year
8. common law The body of unwritten law or less. Examples include some traffic
developed in England, primarily violations, thefts under a certain dollar
from judicial decisions based on amount, attempted burglary, and disturbing
custom and tradition. the peace.

9. legal precedents Decisions made by judges in
various courts that become rule
of law and apply to future cases,
even though they were not
enacted by legislation.
22. An accessory one who contributes to or aids in the
is commission of a crime—by a direct act, by
an indirect act (such as encouragement), by
watching and not giving aid, or by
concealing the criminal's crime.

10. statutory law Law passed by the U.S. Congress 23. the principals Persons who commit crimes.
or state legislatures. in criminal
proceedings
11. (Laws passed by city municipal ordinances.
are
governments are called
24. The plaintiff is a complaining party—must show that he or
12. Which chamber of the House of Representatives
she was wronged or injured.
United States Congress
has exclusive authority 25. Is the The government—the prosecution—is the
to hold an impeachment government plaintiff in criminal cases
trial?___ the plaintiff in
criminal
13. administrative law Enabling statutes enacted to
cases?
define powers and procedures
when an agency is created. 26. Who is the A private individual
plaintiff in
14. substantive law The statutory or written law that
civil cases?
defines and regulates legal rights
and obligations. 27. Who must The defendant, who is charged with an
dispute the offense.
15. procedural law Law that defines the rules used to
complaint?
enforce substantive law.
28. plaintiff The person bringing charges in a lawsuit.
16. criminal law Law that involves crimes against
the state. 29. prosecution The government as plaintiff in a criminal
case.
30. defendant The person or party against whom 42. Battery . An action that causes bodily harm to
charges are brought in a criminal or civil another. It is broadly defined as any bodily
lawsuit. contact made without permission. may or
may not result from the threat of assault. In
31. Judges are must be licensed attorneys.
health care delivery, battery may be charged
elected or
for any unauthorized touching of a patient,
appointed to
including such actions as suturing a wound,
preside over the
administering an injection, or performing a
court and in most
physical examination.
states
43. Defamation Involves damaging a person's reputation by
32. Criminal law against the state
of Character. making public statements that are both false
involves crimes
and malicious. can take the form of libel or
33. Civil law does not wrongful acts against persons. slander. Libel is expressing in published
involve crimes, print, writing, pictures, or signed statements
but, instead, content that injure the reputation of another.
involves Libel also includes reading statements aloud
34. Under civil law another person, a business, or the or broadcasting for the public to hear.
you may sue government. Slander is speaking defamatory or
damaging words intended to prejudice
35. Court judgments the payment of a sum of money to the
others against an individual in a manner that
in civil cases injured party.
jeopardizes his or her reputation or means
often require
of livelihood.
36. Some examples often arise over issues of contract
44. False The intentional, unlawful restraint or
of civil cases violation, slander, libel, trespassing,
Imprisonment. confinement of one person by another. The
product liability, or automobile
offense is treated as a crime in some states.
accidents,family matters such as divorce,
Refusing to dismiss a patient from a health
child support, and child custody.
care facility upon his or her request, or
37. A tort is broadly as a civil wrong committed against a preventing an employee or patient from
defined person or property, excluding breach of leaving the facility
contract.
45. Fraud. Deceitful practices in depriving or
38. Torts may be intentional (willful) or unintentional attempting to deprive another of his or her
(accidental). rights. Health care practitioners might be
39. The tort may have committed without just cause, may have accused for promising patients "miracle
been an act caused physical injury, resulted in cures" or for accepting fees from patients for
damage to someone's property, or using mystical or spiritual powers to heal.
deprived someone of his or her 46. Invasion of An intrusion into a person's seclusion or
personal liberty and freedom. Privacy. private affairs, public disclosure of private
40. tortfeasor (person guilty of committing a tort). facts about a person, false publicity about a
person, or use of a person's name or
41. Assault. The open threat of bodily harm to likeness without permission. Improper use of
another, or acting in such a way as to or breaching the confidentiality of medical
put another in the "reasonable records
apprehension of bodily harm."
47. negligence An unintentional tort alleged when one may
have performed or failed to perform an act
that a reasonable person would or would
not have done in similar circumstances.
48. Jurisdiction is the power and authority given to a court
to hear a case and to make a judgment.
Examples of cases over which federal courts
have jurisdiction include federal crimes,
federal antitrust law, bankruptcy, patents,
copyrights, trademarks, suits against the
United States, and areas of admiralty law
(pertaining to the sea).
49. The type of torts Unintentional torts are acts that are not 63. Not all Regulation Z or Regulation M of the
most likely to intended to cause harm but are financial Consumer Protection Act of 1968, also
concern health committed unreasonably or with a arrangements known as the Truth-in-Lending Act.
care practitioners disregard for the consequences. In that require
is ______________ legal terms, this constitutes negligence. written
contracts fall
50. A contract is a voluntary agreement between two
under the
parties in which specific promises are
Statute of
made for a consideration.
Frauds but are
51. For elements of a Agreement, Consideration, Legal governed by
contract Subject Matter, Contractual capacity
64. is it legal for a It is legal and ethical for physicians to levy
52. mentally Unable to fully understand all the terms physician finance charges, as long as this is made
incompetent and conditions of a transaction, and office to clear to the patient before the charges are
therefore unable to enter into a legal charge finance incurred.)
contract. charges?
53. voidable Able to be set aside or to be re 65. Fair Debt A federal statute prohibiting certain unfair
validated at a later date. Collection and illegal practices by debt collectors
54. void (not legally enforceable) Practices Act and creditors. It prohibits certain methods
of debt collection, including harassment,
55. Breach of contract if either party fails to comply with the
misrepresentation, threats, disseminating
may be charged terms of a legally valid contract
false information about the debtor, and
56. minor defined as anyone under the age of engaging in unfair or illegal practices in
majority, which is 18 in most states, and attempting to collect a debt.
21 in some jurisdictions.
66. law of agency The law that governs the relationship
57. Health care the consent of a responsible parent or between a principal and his or her agent.
practitioners can legal guardian, except in cases where
67. Who is By law, employers are liable for the actions
only treat minors minors suffer a life-threatening
ultimately of their employees when employees
when they receive emergency, or have been legally
responsible for perform said actions as part of their work
________ or _________ determined to be mature
the employees under the supervision of the employer.
58. The two main expressed contracts and implied actions at work
types of contracts contracts.
68. agent One who acts for or represents another. In
are
performing workplace duties, the
59. expressed A written or oral agreement in which all employee acts as the agent, or authorized
contract terms are explicitly stated. representative, of the employer.
60. Implied contracts An unwritten and unspoken agreement 69. respondeat "Let the master answer," physicians are
whose terms result from the actions of superior liable for the acts of their employees
the parties involved. performed "within the course and scope" of
61. the third party A type of contract often used in the employment. Therefore, health care
payor contract. medical office that falls under the practitioners must avoid making promises
Statute of Frauds is their employers cannot keep.

62. When should the should be signed before health care

third party payor services are rendered.
contract be
signed