chapter 11 Flashcards
what are civil rights
basic legal rights held by all US citizens
what are constitutional rights
rights afforded to all citizens through the U.S constitution
what are human rights
fundamental rights to all people regardless of citizenship status
what is law
rules of conduct enforced by governmental authorities
what is litigation and what does it result from
a legal proceeding in court
result from unintentional medical errors with little to life-threatening consequences
what are the two branches of the legal system
public and civil
what is public law
focuses on issues between the governments and citizens
what are the 3 types of public law
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
what is civil law
issues between private citizens
what is tort law
a subset of civil law
wrongful acts that result in harm for which restitution or compensation must be made
what are the two types of tort laws
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
what is common law
civil law of an area resulting from ruling by judges on individual disputes or cases
what is statutory law
laws enacted by federal, state, and local legislators and enforced by court system
what is assault
threat or attempt to touch patient without his/her permission
what is battery
non consenting patient is touched
when do assault and battery charges occur (3)
caregiver improperly or aggressively touches patient
care giver threatens patient
caregiver forcefully performs procedures without patients permission
what 2 things protect a patients privacy
cover patients body during treatment
do not reveal patients personal information without consent
- need written permission
what is false imprisonment
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
what is defemation of char.
false statements that harm a person’s reputation
what are the two types of defemation of character
libel = written slander = spoken
what is negligence (3 types)
careless or senseless behavior by a healthcare practitioner that results in harm
- professional negligence (malpractice)
- statutory negligence
- criminal negligence
what 4 types of behaviors lead to malpractice
illegal
unethical
negligent
immoral
what four behaviors prompt malpractice
medication error
improper assessment
improper use of equipment
failure to communicate patient’s condition to physician
what does federal law shield regarding abuse
shields hc workers, teachers, and social workers who report suspected child abuse
- may shield elderly and incapacitated individuals
what is the good samaritan act
encourage ppl to give emergency medical care without fear of being sued
what 4 things protect a person from litigation with good Samaritan laws
- 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
what 3 things do patients have the right to
choose own provider
decide when to begin and end treatment
understand expectations about treatment
what 5 things must a healthcare professional do
maintain patient autonomy maintain or improve health promote good do no evil create relationship based on trust
what 3 things is a physician allowed to do
limit practice to certain specialty or location
refuse to serve new patients
change policies after fair notice of change
what is advocacy
support best interest of patients to secure quality healthcare
- put aside personal opinion, belief, bias
- work with insurance for best coverage and benefit
what is consent
agree with or give approval to someone or something
what is informed consent
patient is given information and consents to it
- through signed consent form
- form states benefits ,risks, alternatives, and options
why is written informed consent needed for
invasive procedures
use of experimental drug
possibly dangerous procedure
procedures that pose risk to patient
what is implied consent
patient does not give informed consent but gives permission for care to be provided
- consent is assumed to have given permission if unconscious
what is a legal guardian
someone appointed by a judge to act for another person (minor or mentally incompetent adult)
- may sign consent on behalf of ward
who is a ward
person under legal guardianship
when does a patient NOT sign a consent form
patient
- does not understand treatment
- has unanswered questions
- unable to read consent form
- minor
- mentally incompetent or under drugs/alcohol
when was hippa enacted
1996
what does hippa do
protect a patient’s personal health information from being used or shared without written consent
what information must be kept confidential
medical records
billing records
health insurance computer systems
when can confidential information be released (5)
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
what are 5 hippas DO (2) and DONTS (4)
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
what is the right to die
patients can refuse or discontinue treatment that sustains their lifes
if the patient is unable to communicate wishes
- previously outlined care directives are followed
what are the two types of advance care directives
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
when and who made the patient bill of rights
1998
Advisory Commission on Consumer protection and Quality in the Healthcare industry
what are the 3 goals of the patient bill of rights
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
what are the 7 sets of rights and one set of responsibilities in the patient bill of rights
- right to information
- right to choose
- access to emergency services
- being a full partner in healthcare decisions
- care without discrimination
- the right to privacy
- the right to speedy complaint resolution
- taking on new responsibilities
what are laws? what are ethics?
laws = reflect values of entire society ethics = reflect value of certain group
what are ethical principles
standards of conduct based on moral judgement
what is morality
traditions of belief about right and wrong human conduct
what are 7 ethical principles
autonomy justice non-maleficence beneficence veracity fidelity confidentiality
what is the joint commissions mission
improve safety and quality of care provided to the public by accrediting healthcare facilities and supporting performance improvement in health care organizations
what are 6 principles of the joint commission
- you are guided by your profession’s code
- maintain patient confidentiality
- patient advocate
- be nonjudgmental and nondiscriminatory
- preserve and protect patient autonomy, dignity, rights
- seek available resources to help formulate ethical decisions
what is an ethics committee
consist of individuals from diverse professional backgrounds
use multidisciplinary team approach fore ethical decision making
what are the 5 goals of an ethics committee
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
what are the 9 qualities of the professional code of ethics
quality of care primary commitment to patient education collegiality ethics collaboration research resource utilization confidentiality
what is resource utilization
consider factors related to safety, effectiveness, and cost when planning and delivering care
what is collegiality
contribute to professional dev. of those around you
what is ethical decision making
rational and systematic
based on ethical principles and codes
= not emotions or intuition
What is a code of ethics
healthcare professionals must recognize and accept responsibility to patients and society
what are 4 medical issues that spark debate
genetic testing
stem cell research
cloning
physician assisted suicide
what is professionalism
set of values, behaviors, and relationships that form a foundation of patient and colleague trust
why do healthcare careers require professionalism
HC careers are self regulated
must follow legal and ethical guidelines without constant supervision
what demonstrates competence (4)
continuing education
gain information concerning new technologies and procedures
gain information via professional organizations and books
give and accept constructive criticism
