7 Giddens Health Care Law Flashcards

1
Q

Goals for health care law

A

Define and describe the concept
Explore theoretical perspectives of health care law
Discuss the application of health care law to nursing and health care

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2
Q

Health care law defined

A

Collection of laws that have a direct impact on the delivery of health care or on relationships among those in the business of health care or between the providers and the recipients of health care

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3
Q

Legislation

A

The process of introducing, adopting, changing, or repeating law

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4
Q

Regulation

A

Is the process of putting laws into action through the establishment of rules

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5
Q

Litigation

A

Process of seeking help through the courts to address a perceived wrong

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6
Q

Five traditional legal disciplines

A
Tort law
Contract law
Property law
Constitutional law
Criminal law
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7
Q

Tort law

A

Offers relief to individuals who sustain harm from the wrongful acts of others\

Ex. Malpractice suit

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8
Q

Contract law

A

Governs contracts that are voluntarily and deliberate and legally binding agreements between two or more people

Ex. Performance of surgery other than what was specified

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9
Q

Property law

A

Governs ownership

Ex. Ownership of frozen embryos

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10
Q

Constitutional law

A

Deals with the interpretation and implementations of the US constitution

Ex. Right to have an abortion

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11
Q

Criminal law

A

Relates to crime and the prosecution by the government of a person who commits an act that is classified as a crime

Ex. Assisted suicide

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12
Q

Federal laws

A

Social security act of 1965
Patient self-determination act of 1991
Health insurance portability and accountability act of 1996
Patient protection and affordable care act of 2010
Controlled substance act

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13
Q

State laws

A
Licensing of professionals 
Licensing of health care institutes 
Laws relating to public health and disease prevention 
Consent
Advanced directives
Physician assisted suicide
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14
Q

State board of nursing

A

The legal authority of nursing proactive and regulates nursing practice

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15
Q

Professional nursing practice

A

Regulated by the states; nurses must hold a state-issued license to practice nursing
Found in the scope of practice of each state

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16
Q

Negligence

A

Malpractice
Employer/employee liability
Criminal liability

17
Q

Malpractice

A

Tort law or law of medical liability

Duty, breach, causation, and harm

18
Q

Employee/employer liability

A

Vicarious liability