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Dynamics of Health Care > chapter 11 > Flashcards

chapter 11 Flashcards

1
Q

what are civil rights

A

basic legal rights held by all US citizens

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2
Q

what are constitutional rights

A

rights afforded to all citizens through the U.S constitution

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3
Q

what are human rights

A

fundamental rights to all people regardless of citizenship status

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4
Q

what is law

A

rules of conduct enforced by governmental authorities

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5
Q

what is litigation and what does it result from

A

a legal proceeding in court

result from unintentional medical errors with little to life-threatening consequences

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6
Q

what are the two branches of the legal system

A

public and civil

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7
Q

what is public law

A

focuses on issues between the governments and citizens

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8
Q

what are the 3 types of public law

A

criminal law
= concerned with punishing those whose conduct is harmful and threatening to society

constitutional law
= e.g. abortion issues and civil rights violations

administrative law
= law enforced by FDA, IRS, and each state’s board of Medical Examiners

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9
Q

what is civil law

A

issues between private citizens

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10
Q

what is tort law

A

a subset of civil law

wrongful acts that result in harm for which restitution or compensation must be made

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11
Q

what are the two types of tort laws

A

unintentional tort
= accidents or mistakes that result in harm
= negligence

intentional tort
= deliberate acts intended to cause harm
= assault
= battery
= invasion of privacy
= false imprisonment 
= defamation of character
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12
Q

what is common law

A

civil law of an area resulting from ruling by judges on individual disputes or cases

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13
Q

what is statutory law

A

laws enacted by federal, state, and local legislators and enforced by court system

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14
Q

what is assault

A

threat or attempt to touch patient without his/her permission

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15
Q

what is battery

A

non consenting patient is touched

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16
Q

when do assault and battery charges occur (3)

A

caregiver improperly or aggressively touches patient

care giver threatens patient

caregiver forcefully performs procedures without patients permission

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17
Q

what 2 things protect a patients privacy

A

cover patients body during treatment

do not reveal patients personal information without consent
- need written permission

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18
Q

what is false imprisonment

A

attempt to restrain or restrict individual
- patient is allowed to go home AMA

patients must agree to medical treatment

  • excluding minors
  • excluding mentally incapacitated individuals
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19
Q

what is defemation of char.

A

false statements that harm a person’s reputation

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20
Q

what are the two types of defemation of character

A 
libel = written 
slander = spoken
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21
Q

what is negligence (3 types)

A

careless or senseless behavior by a healthcare practitioner that results in harm

  • professional negligence (malpractice)
  • statutory negligence
  • criminal negligence
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22
Q

what 4 types of behaviors lead to malpractice

A

illegal
unethical
negligent
immoral

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23
Q

what four behaviors prompt malpractice

A

medication error
improper assessment
improper use of equipment
failure to communicate patient’s condition to physician

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24
Q

what does federal law shield regarding abuse

A

shields hc workers, teachers, and social workers who report suspected child abuse
- may shield elderly and incapacitated individuals

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25
Q

what is the good samaritan act

A

encourage ppl to give emergency medical care without fear of being sued

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26
Q

what 4 things protect a person from litigation with good Samaritan laws

A
  • victim is conscious, seeks, or willing to accept aid
  • care provider behaves reasonably
  • care provider does not intentionally harm
  • care provider does not expect payment in return
27
Q

what 3 things do patients have the right to

A

choose own provider
decide when to begin and end treatment
understand expectations about treatment

28
Q

what 5 things must a healthcare professional do

A 
maintain patient autonomy
maintain or improve health
promote good 
do no evil 
create relationship based on trust
29
Q

what 3 things is a physician allowed to do

A

limit practice to certain specialty or location
refuse to serve new patients
change policies after fair notice of change

30
Q

what is advocacy

A

support best interest of patients to secure quality healthcare

  • put aside personal opinion, belief, bias
  • work with insurance for best coverage and benefit
31
Q

what is consent

A

agree with or give approval to someone or something

32
Q

what is informed consent

A

patient is given information and consents to it

  • through signed consent form
  • form states benefits ,risks, alternatives, and options
33
Q

why is written informed consent needed for

A

invasive procedures
use of experimental drug
possibly dangerous procedure
procedures that pose risk to patient

34
Q

what is implied consent

A

patient does not give informed consent but gives permission for care to be provided
- consent is assumed to have given permission if unconscious

35
Q

what is a legal guardian

A

someone appointed by a judge to act for another person (minor or mentally incompetent adult)
- may sign consent on behalf of ward

36
Q

who is a ward

A

person under legal guardianship

37
Q

when does a patient NOT sign a consent form

A

patient

  • does not understand treatment
  • has unanswered questions
  • unable to read consent form
  • minor
  • mentally incompetent or under drugs/alcohol
38
Q

when was hippa enacted

A

1996

39
Q

what does hippa do

A

protect a patient’s personal health information from being used or shared without written consent

40
Q

what information must be kept confidential

A

medical records
billing records
health insurance computer systems

41
Q

when can confidential information be released (5)

A

patient/legal guardian/durable power of attorney/next of kin allows it

for operations of hospital

  • quality assurance
  • incident reports
  • teaching and education of residents

allow facility to be paid for services rendered

legal duty to report

  • child abuse
  • domestic violence
  • gunshot/stab wound

other healthcare provider seeks payment

42
Q

what are 5 hippas DO (2) and DONTS (4)

A

do keep information to yourself
do dispose of written patient information

don’t tell anyone what you overhear
don’t discuss a patient in public areas
don’t look at information about a patient unless necessary
don’t look at information about friends/relatives unless necessary

43
Q

what is the right to die

A

patients can refuse or discontinue treatment that sustains their lifes

if the patient is unable to communicate wishes
- previously outlined care directives are followed

44
Q

what are the two types of advance care directives

A

living will
= documents the steps; if any; are to be taken to save or prolong a person’s life

durable power of attorney for healthcare
= designates a person to make healthcare decisions on behalf of patient

45
Q

when and who made the patient bill of rights

A

1998

Advisory Commission on Consumer protection and Quality in the Healthcare industry

46
Q

what are the 3 goals of the patient bill of rights

A

strengthen consumer confidence that health care system is fair and responsive to consumer needs

reaffirm importance of relationship btwn patient and healthcare provider

reaffirm critical role of consumers in safeguarding health

47
Q

what are the 7 sets of rights and one set of responsibilities in the patient bill of rights

A
  1. right to information
  2. right to choose
  3. access to emergency services
  4. being a full partner in healthcare decisions
  5. care without discrimination
  6. the right to privacy
  7. the right to speedy complaint resolution
  8. taking on new responsibilities
48
Q

what are laws? what are ethics?

A 
laws = reflect values of entire society 
ethics = reflect value of certain group
49
Q

what are ethical principles

A

standards of conduct based on moral judgement

50
Q

what is morality

A

traditions of belief about right and wrong human conduct

51
Q

what are 7 ethical principles

A 
autonomy 
justice
non-maleficence
beneficence
veracity
fidelity 
confidentiality
52
Q

what is the joint commissions mission

A

improve safety and quality of care provided to the public by accrediting healthcare facilities and supporting performance improvement in health care organizations

53
Q

what are 6 principles of the joint commission

A
  1. you are guided by your profession’s code
  2. maintain patient confidentiality
  3. patient advocate
  4. be nonjudgmental and nondiscriminatory
  5. preserve and protect patient autonomy, dignity, rights
  6. seek available resources to help formulate ethical decisions
54
Q

what is an ethics committee

A

consist of individuals from diverse professional backgrounds

use multidisciplinary team approach fore ethical decision making

55
Q

what are the 5 goals of an ethics committee

A

promote patient rights

promote shared decision making

assist institutions in developing and reviewing ethical policies

ensure that policies are implemented and understood

serve as a resource person

56
Q

what are the 9 qualities of the professional code of ethics

A 
quality of care
primary commitment to patient
education
collegiality
ethics
collaboration
research
resource utilization 
confidentiality
57
Q

what is resource utilization

A

consider factors related to safety, effectiveness, and cost when planning and delivering care

58
Q

what is collegiality

A

contribute to professional dev. of those around you

59
Q

what is ethical decision making

A

rational and systematic
based on ethical principles and codes
= not emotions or intuition

60
Q

What is a code of ethics

A

healthcare professionals must recognize and accept responsibility to patients and society

61
Q

what are 4 medical issues that spark debate

A

genetic testing
stem cell research
cloning
physician assisted suicide

62
Q

what is professionalism

A

set of values, behaviors, and relationships that form a foundation of patient and colleague trust

63
Q

why do healthcare careers require professionalism

A

HC careers are self regulated

must follow legal and ethical guidelines without constant supervision

64
Q

what demonstrates competence (4)

A

continuing education

gain information concerning new technologies and procedures

gain information via professional organizations and books

give and accept constructive criticism

Dynamics of Health Care (21 decks)

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