9- Medical Legal Flashcards
3 branches of government and their roles
Executive- Made up of agencies
Legislative- Make the laws
Judicial- Enforcement/interpretation of lawas
2 types of laws and their differences
Criminal
- State vs person
- Statute violation
- Guilty beyond reasonable doubt
Civil (Tort)
- Person vs person
- Determines liability
- Better evidence wins
What are all 4 things that must be met to prove negligence
- Duty (Did you ignore your duty)
- Breach (Was there a breach in role)
- Damages (Was damage done)
- Proximate cause (Did you do it)
What is gross negligence and can you be protected from it in court
Willful misconduct
NO!!!!!
3 types of negligence and define
Malfeasance- Exceeds scope of practice
Misfeasance- Preform care improperly
Nonfeasance- Fail to comply to standard of care
Defenses to negligence claims (3)
- Good Samaritan law
- Statute of limitations
- Contributory negligence (pt doesn’t comply)
Protection and prevention of negligence claims (5)
- Education
- Quality insurance
- Medical direction
- Proper documentation
- Professionalism
What is abandonment
Terminating care without consent
What is the medical practice act
Defines minimum qualifications of health care providers
What is Emergency Medical Treatment and Labor Act (EMTALA)
Enacted to combat “patient dumping” if uninsured
4 types of patient consent and define
Informed- Directly from the patient
Expressed- Action that demonstrates consent
Implied- Assumed by unconscious patient is not stated before becoming unconscious
Involuntary- Forced by the court
What is In loco parentis
Guardian of a minor that can make decisions for care
6 points that must be met for a refusal
- Competent adult
- Capable of making an informed decision
- Not under the influence
- Risks are explained and understood
- Give alternative choices
- Encourage to call again if needed
What are advanced directives and examples (3)
Allows people to give directions about end-of-life prior to its needs
- DNR
- Durable POA
- Living will
What is the difference of DNRCC and DNRCC-Arrest
DNRCC
- Ease pain and suffering
- No resuscitative measures
- Active immediately upon signing
DNRCC-Arrestt
-Standard DNRCC until a respiratory or cardiac arrest
What can you not do if a valid DNR is present
- Compressions
- Artificial airway
- Resuscitative meds
- Defib/Cardiovert
- Respiratory assistance
- Resuscitative IV
- Cardiac monitoring
What is a durable POA
Makes decisions on patients behalf and with patients wishes
What is a living will (instructional directive)
Documents decisions regarding specific end-of-life treatments in particular situations
What is quid pro quo
A favor in return for something
Title VII
Prevents discrimination
Title IX
Sexual harassment
Ryan White Act
-Hospitals must inform providers of exposure, access to medical records of source patient
4 indications of domestic violence
- Apparent fear of household member
- Different stories
- Preventing someone from speaking
- Patient hesitant to speak
Concealment vs Cover
Concealment- Out of view behind object that can be penetrated
Cover- Position that hides and protects body from projectiles
Max length to stay on a crime scene
10 minutes
What is evidence
Anything around patient
How should you save victims clothes and personal items from a crime scene
- In a paper bag
- Do not mess up damages areas of clothing or items
