#1 Flashcards
responsibilities that are authorized or based on law
legal
focuses on legal relationships between people and the protection of a persons rights
civil law
wrongful acts that do not involve contracts, criminal laws can also apply
torts
can be interpreted as bad practice and is commonly called “ professional negligence.” defined as the failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession.
Malpractice
can be described as failure to give care that is normal expected of a person in a particular position, resulting in injury to another person.
Negligence
includes a threat or attempt to injure, and battery includes the unlawful touching of another person without consent. Remember that the patient must give consent for any treatment or care
Assault and battery
permission granted voluntarily by a person who is of sound mind after the procedure and all risks involved have been explained
Informed consent
includes unnecessarily exposing an individual or revealing personal information about an individual without the persons consent
invasion of privacy
refers to restraining an individual or restricting an individual’s freedom
false imprisonment
includes any care that results in physical harm pain, or mental anguish
abuse
hitting, forcing people against their will, restraining movement, depriving people of food or water, and/ or not providing physical care
physical abuse
speaking harshly, swearing or shouting, using inappropriate words to describe a person’s race or nationality, and. or writing threats or abusive statements
verbal abuse
threatening harm denying rights, belittling, intimidating or ridiculing the person and/or threatening to reveal information about the person
physiological abuse
any unwanted sexual touching or act, using sexual gestures, and/or suggesting sexual behavior
sexual abuse
occurs when false statements either cause a person to be ridiculed or damage the persons reputation
defamation
spoken information about a person that is false
slander
written information about a person that is false
libel
agreement between two or more parties. They have three parts- offer, acceptance, and consideration
contract
obligations that are understood without verbally expressed terms
implied contracts
stated in distinct and clear language either orally or in writing
expressed contracts
a person who has a ________ does not have the legal capacity to form a contract
legal disability
when a person works under the direction or control of another person. The employer is called the principal and the person working under the employer is a
agent
another important aspect of legal responsibility. It comprises all information given to health care personnel by a patient
privileged communications
also considered privileged communications. records contain information about the care provided to the patient
health care records
are a set of principles relating to what is morally right or wrong. they provide a standard of conduct or code of behavior
ethics
means that information about the patient must remain private and can be shared only with other members of the patients health care team
confidentiality
factors of care that patients can expect to receive
patients rights
known as legal directives are legal documents that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care
advance directives
documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal ( death is expected)
living wills
POA health care is a document that permits an individual to appoint another person ( known as the agent) to make any decisions regarding health care if the principal should become unable to make decisions
durable power of attorney
mandates that all health care facilities receiving any type of defferal aid comply with rules
patient self determination act