Term
| what are the 4 D's of medical malpractice? |
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Definition
| duty (pt has to prove there was a professional relationship), deviated (physician deviated from the standard of care), damage (to the pt), deviation caused the damage (needs to be a link) |
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Term
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Definition
| information owned by a pt, the right an individual has to maintain secrecy or confidentiality even in the face of a subpoena (doesn't exist in military or some federal courts). |
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Term
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Definition
| an ethical and professional obligation not to divulge what some one has told a dr. can be breached if: subpoena, child abuse, suicidal ideation, or if there is information shared which can result in harm of anyone (duty to warn - tarasoff). |
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Term
| what is the mechanism for involuntary hospitalization? |
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Definition
| if the dr believes pt is a harm to him/herself or to another, and he believes the pt is severely mentally ill, hospitalization is recommended to pt. if the pt doesn’t want to go, then follow the law of the state for the mechanism for involuntary hospitalization. in PA: 72 hr minimum. |
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Term
| do pts have a right to a certain standard of care, even if they can't pay? |
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Definition
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Term
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Definition
| no, only if it is an emergency (condition that requires immediate treatment to prevent harm from befalling that individual or from befalling someone else) |
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Term
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Definition
| a legal determination of a pts status |
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Term
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Definition
| a medical determination of a pts status. testamentary capacity: requires that pts know they are creating a will, what their assets are and who they are going to when making a will. |
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Term
| what does tort law involve? |
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Definition
| civil law: malpractice allegations, problems associated w/lack of competence and making a contract |
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Term
| what do criminals have to be determined to be to stand trial or be executed? |
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Definition
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Term
| what has to be proved for someone to be considered criminally responsible? |
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Definition
| the behavior has to be proven voluntary and w/evil intent |
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Term
| what is the mcnaughton rule? |
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Definition
| someone cannot be considered guilty of a criminal act if they were unable to understand what they were doing was wrong and/or if they did not have the capacity to understand their behavior was wrong. |
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Term
| what is the irresistible impulse? |
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Definition
| if someone is charged with a criminal act but *at the time of the crime they were unable to prevent the impulsive behavior from occurring, they are not held criminally responsible |
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Term
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Definition
| someone could not be held criminally responsible if at the time they carried out the act they were mentally ill |
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Term
| what is the current penal code regarding mental illness and criminals? |
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Definition
| a person is not responsible for criminal conduct if at that time they suffered mental disease or defect to the point that they lacked sufficient capacity to conform their conduct to requirements of the law. (doesn't apply if repeated criminal behavior) |
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Term
| can people still be penalized for criminal behavior even if it wasn't consciously intended? |
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Definition
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