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Legal Aspects Terms #1

AB
abuseActions inconsistent with accepted and sound medical, business, or fiscal practices.
Active euthanasiaThe active acceleration of a "good" death by use of drugs etc, whether by oneself or with the aid of a doctor.
ContractAgreement between two or more parties to perform specific services or duties.
Offer/communicationAn offer must be communicated to the other party so that it can be accepted or rejected. Unless the offeror specifically requires that the acceptance be received before a contract is formed, communication of the acceptance to the offeror is not necessary.
Express contractDirect verbal or written statement or agreement between the parties with the terms of the contract openly stated in distinct and explicit language, orally or in writing.
Implied contractsNot expressed by direct words but gathered by some action or inaction; implementation, general language, or conduct of the patient.
third partiesOne who is not involved in the patient/provider relationship.
Good Samaritan Actperson who renders emergency medical services or aid to an ill, injured or unconscious person, at the immediate scene of an accident or emergency that has caused the illness, injury or unconsciousness, is not liable for damages for injury to or death of that person caused by the person's act or omission in rendering the medical services or aid unless that person is grossly negligent.
HIPAAMandates regulations that govern privacy, security, and electronic transactions standards for health care information.
emancipated minorschildren of any age that fall outside the jurisdiction and custody of their parents or guardians; the minor may personally consent to medical, surgical, or hospital treatment
Breach of confidentialityUnauthorized release of patient information to a third party.
ConfidentialityInvolves restricting access to patient information to those with proper authorization and maintaining the security of patient information.
respondeat superiorLatin for “let the master answer”, physicians are legally responsible (liable) for their own acts of negligence and for negligent acts of employees working within the scope of their employment
negligencewhen one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances
Duty of careThe legal obligation of health care workers to patients and sometimes non-patients
DamagesMonetary awards sought by the plaintiff; usually refers to compensation for injuries suffered by the patient
direct causethe injury that resulted from the physician’s breach of duty, is the direct result of the breach, and no other cause
Privileged informationthe privileged nature of communications between physician and patient should be treated as confidential and should not be revealed by the physician to any third party without the patient’s consent or unless required by law. The physician/patient privilege is a legal doctrine that recognizes and protects the confidential nature of communication between patients and their physicians.
securityInvolves the safekeeping of patient information by: controlling access to hard copy and computerized records; protecting patient information from alteration, destruction, tampering, or loss; providing employee training in confidentiality of patient information; and requiring employees to sign a confidentiality statement that details the consequences of not maintaining patient confidentiality.
Standard of careThe level of care expected of a health care practitioner in carrying out their professional duties: the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise.


Medical Administrative Programs
Renton Technical College

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