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Public Health Law Map - Beta 5 - Medical and Public Health Law Site

Public Health Law Map - Beta 5 - Medical and Public Health Law Site

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Durable Power of<br />

Attorney<br />

ensurance of fundamental fairness in<br />

the legal procedure used. A<br />

physician who has his or her hospital<br />

privileges terminated has a right to a<br />

hearing before an impartial party to<br />

ensure the fairness of the termination<br />

proceeding.<br />

Substantive Due Process: The<br />

ensurance of fundamental fairness in<br />

the result reached. Terminating a<br />

physician’s hospital privileges<br />

because of his or her religious beliefs<br />

(independent of actions taken to<br />

further those beliefs) would be<br />

unfair, irrespective of the procedural<br />

due process afforded him or her.<br />

The written authorization of one<br />

person to act for another should he or<br />

she become disabled. A recent<br />

variation would be living wills or<br />

termination of care provisions.<br />

ELISA Enzyme Linked Immunosorbent<br />

Assay. This acronym is commonly<br />

used to refer to the screening test for<br />

HIV infection.<br />

Emancipated Minor A person who, although not having<br />

reached the statutory age of majority,<br />

is granted the legal status of an adult.<br />

This may be done through a legal<br />

proceeding where the minor proves<br />

that he or she is not living with his or<br />

her parents <strong>and</strong> is self-supporting.<br />

Marriage <strong>and</strong> joining the military<br />

also convey adult status in most<br />

states.<br />

Equity A historic term for courts dealing<br />

with situations where there was no<br />

specific legal remedy.<br />

Evidentiary<br />

St<strong>and</strong>ards<br />

The level of evidence required by a<br />

court to reach a finding differs<br />

depending on the nature of the claim.<br />

Criminal actions must be proven<br />

710

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