Chapter 2 Law and Ethics Chapter Objectives
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Chapter 2 Law and Ethics Chapter Objectives Explain why a knowledge of law and ethics is important when working in a medical facility. Describe the difference between law, ethics, etiquette, morals, and values. Distinguish how law and
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01
Chapter 2 Law and Ethics<br>
02
Chapter Objectives Explain why a knowledge of law and ethics is important when working in a medical facility.
Describe the difference between law, ethics, etiquette, morals, and values.
Distinguish how law and ethics are related.
Compare the consequences of unlawful and unethical behavior.
Define the three main sources of law. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Describe the difference between law, ethics, etiquette, morals, and values.
Distinguish how law and ethics are related.
Compare the consequences of unlawful and unethical behavior.
Define the three main sources of law. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
03
Chapter Objectives cont’d Describe the three different types of law.
Compare and contrast criminal and civil law.
Define respondeat superior and explain how it relates in a health care setting.
Identify the three parts of a valid contract. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Compare and contrast criminal and civil law.
Define respondeat superior and explain how it relates in a health care setting.
Identify the three parts of a valid contract. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
04
Chapter Objectives cont’d Differentiate between expressed and implied contracts.
List the steps a physician must follow when terminating a contract.
Describe the medical assistant’s scope of practice and explain resources available to answer medical assistant questions.
Explain standard of care as it relates to physicians and medical assistants. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
List the steps a physician must follow when terminating a contract.
Describe the medical assistant’s scope of practice and explain resources available to answer medical assistant questions.
Explain standard of care as it relates to physicians and medical assistants. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Chapter Objectives cont’d Explain the difference between intentional and unintentional torts.
Define and explain the difference between malfeasance, misfeasance, and nonfeasance.
Identify the four Ds of negligence. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Define and explain the difference between malfeasance, misfeasance, and nonfeasance.
Identify the four Ds of negligence. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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CAAHEP Competencies Identify and respond to issues of confidentiality.
Perform within legal and ethical boundaries.
Demonstrate knowledge of federal and state health care legislation and regulations. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Perform within legal and ethical boundaries.
Demonstrate knowledge of federal and state health care legislation and regulations. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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ABHES Competencies Comply with federal, state, and local health laws
and regulations as they relate to health care settings.
Define scope of practice for the medical assistant
within the state that the medical assistant is employed. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
and regulations as they relate to health care settings.
Define scope of practice for the medical assistant
within the state that the medical assistant is employed. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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ABHES Competencies cont’d Describe what procedures can and cannot be delegated to the medical assistant and by whom within various employment settings.
Perform risk management procedures.
Understand the importance of maintaining liability coverage once employed in the industry. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Perform risk management procedures.
Understand the importance of maintaining liability coverage once employed in the industry. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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ABHES Competencies cont’d Display compliance with Code of Ethics of the profession.
Follow established policy in initiating or terminating medical treatment. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Follow established policy in initiating or terminating medical treatment. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Introduction Laws protect us in two ways:
• By prohibiting possibly harmful behavior or acts
• By discouraging people from committing these acts for fear of punishment © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• By prohibiting possibly harmful behavior or acts
• By discouraging people from committing these acts for fear of punishment © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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How Laws Are Made Branches of American government
contribute to the development, enforcement, interpretation, and application of laws:
• Legislative branch—make laws
• Executive branch—enforce laws
• Judicial branch—interpret and apply laws © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
contribute to the development, enforcement, interpretation, and application of laws:
• Legislative branch—make laws
• Executive branch—enforce laws
• Judicial branch—interpret and apply laws © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Sources of Law © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Statutory Law Laws passed by Congress or by state legislatures are statutes.
Laws passed at the local level (city council) are ordinances. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Laws passed at the local level (city council) are ordinances. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Laws Affecting Medical Assistants Medical Assistants can be affected on the job by statutes:
Controlled Substances Act, governed
by the Drug Enforcement Agency (DEA)
Health Insurance Portability and Accountability Act (HIPAA). © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Controlled Substances Act, governed
by the Drug Enforcement Agency (DEA)
Health Insurance Portability and Accountability Act (HIPAA). © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Administrative Law Main purpose of administrative law is to provide details that make statutes more clear.
Example:
State’s medical practices statute may require a physician to be a graduate of an accredited medical school © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Example:
State’s medical practices statute may require a physician to be a graduate of an accredited medical school © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Case Law – Common Law Judges decide cases, looking at previous
cases tried under the same law to determine how the law was applied.
Precedents (guides) the judge applies in deciding the current case.
Legal principle - stare decisis
Latin for “let the decision stand.” © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
cases tried under the same law to determine how the law was applied.
Precedents (guides) the judge applies in deciding the current case.
Legal principle - stare decisis
Latin for “let the decision stand.” © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Criminal and Civil Law Criminal law - most common type of public law; exists to protect all of society.
Civil law - involves relationships between individuals, or between a person and the government; private law. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Civil law - involves relationships between individuals, or between a person and the government; private law. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Criminal Law • Felony - serious crimes punishable by long prison sentences or death.
murder, rape, kidnapping, robbery, and arson
• Misdemeanor - less serious crimes punishable by fines or short jail sentences.
traffic offenses, stealing small amount of money, disturbing the peace © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
murder, rape, kidnapping, robbery, and arson
• Misdemeanor - less serious crimes punishable by fines or short jail sentences.
traffic offenses, stealing small amount of money, disturbing the peace © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Crime Encountered in the Medical Office Abuse
Federal Child Abuse Prevention and Treatment Act requires reporting child abuse
Embezzlement
Wrongful taking of money or property, employee stealing from employer © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Federal Child Abuse Prevention and Treatment Act requires reporting child abuse
Embezzlement
Wrongful taking of money or property, employee stealing from employer © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Crime Encountered in the Medical Office cont’d Fraud
Deceitful act with the intention of concealing the truth
Submitting an insurance claim you know is false
Battery
Actual physical touching of a person without consent
Striking an employee or patient, sexual contact © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Deceitful act with the intention of concealing the truth
Submitting an insurance claim you know is false
Battery
Actual physical touching of a person without consent
Striking an employee or patient, sexual contact © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Accessory to Crime Encouraging another person to commit a crime:
• Witnessing a crime and doing nothing
• Helping cover up a crime after it has been committed © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Witnessing a crime and doing nothing
• Helping cover up a crime after it has been committed © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Criminal Court Cases Defendant - person accused of breaking the law
Plaintiff - party that charges the wrongdoing; in criminal cases the government is the plaintiff, also called the prosecution
Attorney (lawyer) usually represents each side in a court case © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Plaintiff - party that charges the wrongdoing; in criminal cases the government is the plaintiff, also called the prosecution
Attorney (lawyer) usually represents each side in a court case © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Criminal Court Cases cont’d Judge - conducts the trial and decides controversies over points of law and the introduction of evidence
Jury - a group of citizens from the community chosen to listen to the evidence presented and decide the defendant’s guilt or innocence
Verdict – the decision in a criminal case © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Jury - a group of citizens from the community chosen to listen to the evidence presented and decide the defendant’s guilt or innocence
Verdict – the decision in a criminal case © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Civil Law Wrongful acts that are not crimes:
Family issues—divorce, child support, or disputes over child custody
• Contract disputes—charges that someone has broken a contractual agreement.
• Torts—Wrongs committed against a person or property that don’t involve violation of a contract;can be intentional or unintentional. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Family issues—divorce, child support, or disputes over child custody
• Contract disputes—charges that someone has broken a contractual agreement.
• Torts—Wrongs committed against a person or property that don’t involve violation of a contract;can be intentional or unintentional. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Intentional Torts Slander - speaking lies about another person that harms the person’s reputation or employment
Libel - damaging a person’s reputation in writing © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Libel - damaging a person’s reputation in writing © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Intentional Torts cont’d Assault - threatening a person or acting in a way that causes the person to fear harm
Battery - unlawful touching, whether or not the touching causes bodily harm
Fraud - any dishonest practice intended to deceive another person. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Battery - unlawful touching, whether or not the touching causes bodily harm
Fraud - any dishonest practice intended to deceive another person. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Civil Trials Civil case - both parties are likely to be persons or businesses
—Smith v. Jones or Taylor v. Acme Medical Clinic
Jury’s decision does not have to be unanimous; if more than one-half of the jurors agree, a verdict is reached © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
—Smith v. Jones or Taylor v. Acme Medical Clinic
Jury’s decision does not have to be unanimous; if more than one-half of the jurors agree, a verdict is reached © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Civil Trials cont’d Civil cases don’t involve jail sentences
The defendant must compensate the
plaintiff for the harm he caused
Sum of money (compensation) is called compensatory damages © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
The defendant must compensate the
plaintiff for the harm he caused
Sum of money (compensation) is called compensatory damages © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Defenses Against Torts Statute of limitations—the legal time limit that exists for filing a lawsuit
Respondeat superior— common law principle that employers are responsible for the actions of their employees © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Respondeat superior— common law principle that employers are responsible for the actions of their employees © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Statute of Limitations Length of time a patient has to file a suit against a health care provider
Varies by state – generally 1-3 years after alleged tort occurred
Some states measure from time of discovery – may be 8 years © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Varies by state – generally 1-3 years after alleged tort occurred
Some states measure from time of discovery – may be 8 years © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Respondeat Superior Legal principle also known as the law of agency
Latin term - “let the master answer.”
Employers are responsible for the actions of their employees only when employee is acting within scope of practice © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Latin term - “let the master answer.”
Employers are responsible for the actions of their employees only when employee is acting within scope of practice © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Torts Wrongful acts committed against a person or property.
Intentional torts are deliberate acts that cause harm (crimes)
Unintentional torts are accidental rather than deliberate.
Tortfeasor - the person who commits the tort but does not mean to harm the person or property. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Intentional torts are deliberate acts that cause harm (crimes)
Unintentional torts are accidental rather than deliberate.
Tortfeasor - the person who commits the tort but does not mean to harm the person or property. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Negligence and Malpractice Negligence results from:
Failing to act with reasonable care causing harm to another person
Doing something that a reasonable person would not do
• Not doing something that a reasonable person would do © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Failing to act with reasonable care causing harm to another person
Doing something that a reasonable person would not do
• Not doing something that a reasonable person would do © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Negligence and Malpractice Malpractice - when a professional person is negligent in his or her duties
Medical malpractice – negligence by a medical professional © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Medical malpractice – negligence by a medical professional © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Malpractice Claims • Malfeasance—taking an improper action
• Misfeasance—taking a proper action but in an improper way
• Nonfeasance—not taking a necessary action © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Misfeasance—taking a proper action but in an improper way
• Nonfeasance—not taking a necessary action © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Malfeasance Malfeasance - the performance of a wrong and unlawful act.
A medical assistant who tells a patient to treat her symptoms by taking an aspirin is committing an act of malfeasance because only a physician can prescribe treatments. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
A medical assistant who tells a patient to treat her symptoms by taking an aspirin is committing an act of malfeasance because only a physician can prescribe treatments. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Misfeasance Misfeasance - the performance of a lawful act in an improper manner.
A medical assistant fails to use a sterile bandage when dressing a patient’s wound, resulting in an infection for the patient. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
A medical assistant fails to use a sterile bandage when dressing a patient’s wound, resulting in an infection for the patient. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Nonfeasance Nonfeasance - the failure to perform a necessary act.
A patient stops breathing in the waiting room, and the medical assistant, who is trained in CPR, does not perform CPR on the patient. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
A patient stops breathing in the waiting room, and the medical assistant, who is trained in CPR, does not perform CPR on the patient. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Four Ds of Negligence Duty—the responsibility to provide a reasonable standard of care to the patient
• Dereliction of duty—not providing a reasonable standard of care to the patient
• Direct or proximate cause—the direct or indirect cause of a patient’s injury
• Damages—the harm suffered by a patient © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Dereliction of duty—not providing a reasonable standard of care to the patient
• Direct or proximate cause—the direct or indirect cause of a patient’s injury
• Damages—the harm suffered by a patient © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Res Ipsa Loquitur Res ipsa loquitur is a Latin term that means “the thing speaks for itself.” © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Contracts Contract - a voluntary agreement between two parties from which each party benefits
Expressed contract - the agreement
is spoken or put into writing
Implied Contract - results from the behavior or actions of each party © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Expressed contract - the agreement
is spoken or put into writing
Implied Contract - results from the behavior or actions of each party © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Contracts cont’d © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Contracts cont’d Offer and acceptance—One party makes an offer, and the other party accepts it.
A physician offers medical services by opening an office. Patients accept this offer by scheduling appointments.
Consideration—Each party must exchange something of value.
The physician’s consideration is the service she provides to the patient. The patient’s consideration is payment of the physician’s fee. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
A physician offers medical services by opening an office. Patients accept this offer by scheduling appointments.
Consideration—Each party must exchange something of value.
The physician’s consideration is the service she provides to the patient. The patient’s consideration is payment of the physician’s fee. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Contracts cont’d • Competence—Each party must be able to understand the terms and conditions of the agreement.
A mentally incompetent person cannot enter into a contract.
A minor cannot enter into a contract; requires parent or legal guardian permission before treating a minor. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
A mentally incompetent person cannot enter into a contract.
A minor cannot enter into a contract; requires parent or legal guardian permission before treating a minor. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Expressed Contracts Third-Party Contracts
Insurance companies are third party
Another person accepts responsibility to pay for patient’s care
Credit Agreements
Credit is offered to the consumer of the goods or services.
Business offers credit on a regular basis.
Interest is charged, or there are more than four installments.
Credit extended is for personal or family use. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Insurance companies are third party
Another person accepts responsibility to pay for patient’s care
Credit Agreements
Credit is offered to the consumer of the goods or services.
Business offers credit on a regular basis.
Interest is charged, or there are more than four installments.
Credit extended is for personal or family use. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Implied Contracts Implied contracts -agreement between the parties not shown by words, but by action, lack of action, or silence.
Filling the prescription and taking the medication as instructed
Making and keeping the follow-up appointment © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Filling the prescription and taking the medication as instructed
Making and keeping the follow-up appointment © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Termination of Patient Physician ends the physician–patient relationship for personal reasons
Usually breach of contract is the reason for early termination
Physician sends letter of notice to terminate; protects the practice from being charged with abandonment of a patient © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Usually breach of contract is the reason for early termination
Physician sends letter of notice to terminate; protects the practice from being charged with abandonment of a patient © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Termination of Patient cont’d © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Breach of Contract Patient fails to uphold contract:
The patient does not keep appointments.
• The patient does not follow the physician’s instructions.
• The patient fails to pay his bill. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
The patient does not keep appointments.
• The patient does not follow the physician’s instructions.
• The patient fails to pay his bill. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Lawsuit Arbitration – an alternative method to settle a dispute without going to court
Arbitrator selected to oversee the process
Both parties agree to accept the arbitrator’s decision as final © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Arbitrator selected to oversee the process
Both parties agree to accept the arbitrator’s decision as final © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Lawsuit Discovery – legal process to uncover facts about complaint before the trial begins
Subpoena duces tecum - an order to provide evidence in the form of documents to the court
Interrogatories - written questions about the case that each side submits
Depositions - oral answers each party provides to questions by each side’s attorney © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Subpoena duces tecum - an order to provide evidence in the form of documents to the court
Interrogatories - written questions about the case that each side submits
Depositions - oral answers each party provides to questions by each side’s attorney © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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The Trial Opening Arguments – beginning of the case
Plaintiff’s Case – brings the case or complaint to court
Defendant’s Case – accused in the complaint
Closing Arguments
Jury Instructions © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Plaintiff’s Case – brings the case or complaint to court
Defendant’s Case – accused in the complaint
Closing Arguments
Jury Instructions © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Medical Assistant Testimony Requires a subpoena
Be truthful
Be professional
Answer the question
Cooperate with your attorney
Pay attention © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Be truthful
Be professional
Answer the question
Cooperate with your attorney
Pay attention © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Ethics Ethics - guidelines for determining proper behavior.
• Personal ethics - guidelines to behavior that result from a person’s morals and values.
• Professional ethics - standards of conduct set by professional organizations or are accepted or expected by the people who work in a field. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Personal ethics - guidelines to behavior that result from a person’s morals and values.
• Professional ethics - standards of conduct set by professional organizations or are accepted or expected by the people who work in a field. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Medical Ethics Medical ethics - principles of conduct that govern the behavior of health care professionals
Focus on the rights, welfare, and concerns of patients
Bioethics issues involve:
Questions of when life begins
The morality of genetic engineering
The ethics of stem cell research © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Focus on the rights, welfare, and concerns of patients
Bioethics issues involve:
Questions of when life begins
The morality of genetic engineering
The ethics of stem cell research © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Values and Ethics Beneficence - doing good, especially things that will benefit other people
Dilemma - a problem caused by a
conflict between choices.
Ethical dilemma - the conflict is between rights, responsibilities, and values. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Dilemma - a problem caused by a
conflict between choices.
Ethical dilemma - the conflict is between rights, responsibilities, and values. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Medical Assistant Professional Ethics Medical ethics require:
Protect the privacy of patient information
Follow all state and federal laws
Be honest in all your actions
Code of Ethics
AAMA – Medical Assistant Creed
AMT – Standards of Practice © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Protect the privacy of patient information
Follow all state and federal laws
Be honest in all your actions
Code of Ethics
AAMA – Medical Assistant Creed
AMT – Standards of Practice © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Professional Ethics for the Medical Assistant Fidelity - faithfulness and loyalty to others
Professional ethics - perform your duties in a way that shows loyalty to your employer
Veracity - being truthful and honest
Integrity - the quality of strongly sticking
to your principles © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Professional ethics - perform your duties in a way that shows loyalty to your employer
Veracity - being truthful and honest
Integrity - the quality of strongly sticking
to your principles © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Medical Assistant Scope of Practice State’s medical and nursing practice laws don’t limit the task to physicians or nurses (may be delegated)
• Medical assistant has the training to perform the task safely
• Medical assistant carries out the task under the physician’s supervision
• Physician takes responsibility for the medical assistant’s actions © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Medical assistant has the training to perform the task safely
• Medical assistant carries out the task under the physician’s supervision
• Physician takes responsibility for the medical assistant’s actions © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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MA Administrative Tasks Answer phones, schedule appointments
• Greet patients
• Set up referral appointments
• Arrange for hospital admissions and lab services
• Update and file patient medical records
• Complete and submit insurance claim forms
• Handle correspondence, billing, and bookkeeping © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Greet patients
• Set up referral appointments
• Arrange for hospital admissions and lab services
• Update and file patient medical records
• Complete and submit insurance claim forms
• Handle correspondence, billing, and bookkeeping © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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MA Clinical Duties Obtain patient medical histories
• Explain treatment procedures to patients
• Prepare patients for examination
• Assist the physician during examinations
• Collect and prepare laboratory specimens
Perform venipuncture
Perform electrocardiograms and set up Holter monitors © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Explain treatment procedures to patients
• Prepare patients for examination
• Assist the physician during examinations
• Collect and prepare laboratory specimens
Perform venipuncture
Perform electrocardiograms and set up Holter monitors © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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MA Clinical Duties cont’d • Remove sutures and change dressings
• Perform waived laboratory tests
• Instruct patients about medications and special diets
• Prepare and give medications as directed by the physician
• Manage prescription refills as directed by the physician © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Perform waived laboratory tests
• Instruct patients about medications and special diets
• Prepare and give medications as directed by the physician
• Manage prescription refills as directed by the physician © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Medical Assistant DO NOT DO List Independently diagnose symptoms, interpret test results, or treat patients
• Advise patients about their condition or treatment
• Independently write or refill prescriptions or give out medication samples © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Advise patients about their condition or treatment
• Independently write or refill prescriptions or give out medication samples © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Medical Assistant DO NOT DO List cont’d Flush or discontinue IVs or inject medications into veins (vessels that carry blood from other parts of the body to the heart)
• Insert urinary catheters (tubes used to drain fluid from the body) or perform punctures of arteries (vessels that carry blood from the heart to other parts of the body) © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Insert urinary catheters (tubes used to drain fluid from the body) or perform punctures of arteries (vessels that carry blood from the heart to other parts of the body) © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Medical Assistant DO NOT DO List cont’d Perform tests that involve penetration of human tissues, except for skin tests and drawing blood from veins, where permitted by law
• Administer anesthetics except for anesthetic skin creams
• Operate laser equipment, practice physical therapy, or place splints on injured limbs © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Administer anesthetics except for anesthetic skin creams
• Operate laser equipment, practice physical therapy, or place splints on injured limbs © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Standard of Care Standard of care - the level of performance that’s expected of a health care worker in carrying out assigned duties.
Duty of care - the legal obligation, or duty, a health care worker has to patients and sometimes to nonpatients as well. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Duty of care - the legal obligation, or duty, a health care worker has to patients and sometimes to nonpatients as well. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Patient Privacy and HIPAA Health Insurance Portability and Accountability Act of 1996 protects the privacy of a patient’s personal and health information
Transactions
National standard for how diagnoses and treatments are identified and coded on bills for services
Requires that bills to insurance companies be submitted electronically © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Transactions
National standard for how diagnoses and treatments are identified and coded on bills for services
Requires that bills to insurance companies be submitted electronically © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Patient Privacy and HIPAA cont’d 2. Privacy
Defines what patient information must be considered private
Regulates how patient information must be handled and used
Sets the conditions under which private patient information can be disclosed © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Defines what patient information must be considered private
Regulates how patient information must be handled and used
Sets the conditions under which private patient information can be disclosed © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Patient Privacy and HIPAA 3. Security
Sets standards for protecting patient information stored on computers and sent to others electronically
Requires the use of passwords, firewalls, antivirus software, and encryption software on computers that contain or transmit patient information © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Sets standards for protecting patient information stored on computers and sent to others electronically
Requires the use of passwords, firewalls, antivirus software, and encryption software on computers that contain or transmit patient information © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Patient Privacy and HIPAA cont’d 4. Identification
Creates a national system of codes for identifying individual health care providers, health insurance plans, employers, and patients
Requires that each provider or health insurance plan include its identifying code on all electronic transmissions © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Creates a national system of codes for identifying individual health care providers, health insurance plans, employers, and patients
Requires that each provider or health insurance plan include its identifying code on all electronic transmissions © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Patient Privacy and HIPAA cont’d All of a patient’s personal data are confidential
• All health information is confidential
• All written or oral communication between the patient and medical office employees is confidential.
• A patient’s current appointment and appointment history is confidential.
• Information that a person is a patient of the practice is confidential. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• All health information is confidential
• All written or oral communication between the patient and medical office employees is confidential.
• A patient’s current appointment and appointment history is confidential.
• Information that a person is a patient of the practice is confidential. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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The Privacy Rule All records containing patient identifiers must be treated as protected health information (PHI)
• Except as required by law or allowed by the privacy rule, PHI may not be disclosed to others without the patient’s written permission.
• Patients have a right to view and receive copies of their own medical records © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Except as required by law or allowed by the privacy rule, PHI may not be disclosed to others without the patient’s written permission.
• Patients have a right to view and receive copies of their own medical records © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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The Privacy Rule Patients have a right to know to whom their PHI has been disclosed
Each health care provider must have a privacy notice—a document that states its privacy policies and practices, referred to as a Notice of Privacy Practices (NPP)
• Health care provider must train employees of the HHS privacy rule and appoint a privacy officer to be in charge of enforcement. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Each health care provider must have a privacy notice—a document that states its privacy policies and practices, referred to as a Notice of Privacy Practices (NPP)
• Health care provider must train employees of the HHS privacy rule and appoint a privacy officer to be in charge of enforcement. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Patient Identifiers • Name
• Address
• Zip code
• Phone number
• Fax number
• E-mail address
• Date of birth
• Birth certificate © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Address
• Zip code
• Phone number
• Fax number
• E-mail address
• Date of birth
• Birth certificate © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Patient Identifiers cont’d • Social Security number
• Medical record number
• Health plan numbers
• Driver’s license
• Vehicle identification number
• License plate number
• Web site address
• Fingerprints and voiceprints
• Photos © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
• Medical record number
• Health plan numbers
• Driver’s license
• Vehicle identification number
• License plate number
• Web site address
• Fingerprints and voiceprints
• Photos © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Patient Self-Determination Act Patient has the right to make decisions regarding their own medical care.
Durable Power of Attorney for Health Care
Living Will or Advance Medical Directive, allows a person to declare their wishes for managing end of life care when diagnosed with a terminal condition or in a permanently unconscious state of mind or conscious but with irreversible brain damage © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Durable Power of Attorney for Health Care
Living Will or Advance Medical Directive, allows a person to declare their wishes for managing end of life care when diagnosed with a terminal condition or in a permanently unconscious state of mind or conscious but with irreversible brain damage © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Advance Directive © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Uniform Anatomical Gift Act Establishes standards used when donating body organs for the purpose of transplant or research.
Sets criteria for donation of the entire body (cadaver) for use in medical education and research.
Allows for a surviving spouse or specific relative(s) to authorize the donation.
Prohibits trafficking of human organs or making any profit from the donation of human body organs. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Sets criteria for donation of the entire body (cadaver) for use in medical education and research.
Allows for a surviving spouse or specific relative(s) to authorize the donation.
Prohibits trafficking of human organs or making any profit from the donation of human body organs. © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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Americans with Disabilities Act Amendments Act ADAAA - intended to provide a more clear and comprehensive definition regarding individuals with disabilities
Caring for oneself
• Performing manual tasks
• Seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
Caring for oneself
• Performing manual tasks
• Seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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HITECH Health Information Technology for Economic and Clinical Health Act (HITECH) - designed to allow patients the right to inspect, amend, and restrict access to his/her medical record © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION<br>
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GINA Genetic Information Nondiscrimination Act
Designed to prohibit the use of genetic information when determining health insurance coverage or benefits, and during employment decisions
Individuals cannot be denied health insurance coverage nor can they be charged a higher premium because of genetic information that might indicate they are predisposed to develop a specific disease<br>
Designed to prohibit the use of genetic information when determining health insurance coverage or benefits, and during employment decisions
Individuals cannot be denied health insurance coverage nor can they be charged a higher premium because of genetic information that might indicate they are predisposed to develop a specific disease<br>