Healthcare Terms

• What is corporate liability?

The term explains the extent to which a corporation may be held legally responsible by the court of law for the activities of its employee. Therefore, if the corporation is responsible, it can be charged fines and also face damages. For example, when corporations violate environmental regulation, the government agencies will levy fines on them.

• Functions of organized medical staff

They have the responsibilities of promoting the safety of the patients and also ensuring that quality care is provided to the patients. Therefore, they will act in groups and communicate their interest.

• What is due process?

It refers to the fundamental principle of fair treatment in all legal matters and a person will be given a notice of the proceedings. Also, the court of law will grant a person an opportunity to be heard before it acts by taking his/her property, life or liberty. Therefore, the constitution guarantees an individual his/her constitutional rights.

• What is unprofessional behavior?

It is a type of behavior that tends to threaten the positive and health relationship of a team. Therefore, unprofessional conduct will interfere with the performance of other people and destroy the relationship. For example, when a person does not keep promises, uses offensive and abusive language and also engages in sexual harassment.

• Common law principles

It entails a court making decisions based on the previous judgments. Moreover, those cases with similar circumstances will have the same rulings.

• Health Care Quality Improvement Act

The act was established to give the public protection against incompetent physicians. Moreover, the physicians on peer review committee are required to communicate openly and remove incompetent physicians without a threat of lawsuit against them.

• What is duty to treat?

A doctor has no right to treat a patient without establishing the relationship. However, after a doctor-patient relationship is established, the doctor or nurse can provide all the necessary treatment to the patient. In case the doctor refuse to treat the patient, he/she can be held responsible.

• What are a hospital’s responsibilities in emergency cases?

The hospital should use the capability of its emergency department to provide appropriate medical screening examination. Similarly, the examinations must be done by qualified individuals who meet the requirements of the laws. Also, the hospital has the responsibility of accommodating people who request treatment or examination and have been transferred to the hospital. Lastly, the hospital will restrict the transfer of the patient until he/she stabilizes.

• What is the Good Samaritan Statute?

It is a law that allows a person to provide assistance to an injured or ill person in case of an emergency and it is usually on a voluntary basis. In case the Good Samaritan makes a mistake when attending to an emergency he/she will not be held responsible by the court for the damages.

• Patient’s right to refuse treatment

It explains the decision of the patient to decline treatment because of his/her freedom. Therefore, it will be inhumane if the patient is forced to be treated against his/her will. However, the patient will be informed of the consequences of refusing treatment.

• What is Ghost Surgery?

The term explains the situation where the surgery is done on a patient by a different surgeon without the patient consent.  The two physicians will make an arrangement but it will be unknown to the patient. According to the law, surgical ghost are legally dangerous and questionable.

• What is the importance of informed consent?

It allows the patient to make a voluntary choice of whether to accept or refuse treatment from a health care provider.  The patient has the legal and ethical right to direct what should be done to his/her body.

• What constitutes a medical malpractice case?

The case arises in situation when the healthcare providers fail to provide the patient with a proper treatment.  Some of the medical malpractice cases include childbirth injuries, misdiagnosis or delayed diagnosis, anesthesia errors, medication errors and surgery errors.

• What is the right to die?

It entails the decisions of whether a person should be allowed to die when actually he/she could have lived with life support machines. Similarly, it explains the situation where an individual with terminal illness should be allowed to take his/her life.

• What is a living will?

It is a document that explains a person’s desires about their medical treatment in case they become unable to communicate their decisions during terminal illness. It is also referred to as advance directive or a directive to physicians. However, the living will has no power after a person has died.

• What is the durable power of attorney for health?

The term explains the situation where a person is given the right to name or choose someone trusted to oversee his/her medical care and also make health care decisions in case he/she is unable.

• What is the importance of tax exemption in health care?

It allows people to have qualifying health insurance coverage. The insurance coverage should be for each month of the year. It also calls for people to have exemptions or pay a fee when filling their federal income tax return.

• What are antitrust laws?

The law encompasses the federal and state government laws which protect the consumers and promote fair competition by regulating the business practices. The laws prohibit businesses from hiking the prices of goods and services and deprive consumers of their benefits. The federal government has three major antitrust laws and they include; the Clay Act, the Sherman Antitrust Act and the Federal Trade Commission Act.

• What is the Herfindahl-Hirschman Index?

It is used to measure the size of firms in relation to the industry. Similarly, it acts as an indicator showing the competition among the firms. Therefore, it has widely been accepted as a measure of market concentration.

• What is the False Claims Act?

It is a law that is used by the federal government to impose liability on people and companies who try to defraud the government programs. Moreover, the federal government uses it widely to combat fraud against them. It is also referred to as “Lincoln Law.”

• What are the Stark Self-Referral Laws?

The laws are based on the following information. First, the law forbids physicians from making referral for designated health services (DHS) that they have financial relationship. Second, it outlaws the entity from making a presentation regarding the Medicare for the services referred. Third, the law outlines specific exemptions and grants the Secretary the authority to establish regulatory exemptions for financial relationships. However, it will not present a risk program or abuse to the patient.

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