Chapter 26 Flashcards
assault
any willful attempt or threat to inflict injury on another person
battery
unlawful touching of another that is without justification
contract
agreement between two or more persons which creates an obligation to do or not do something
defamation
holding up a person to ridicule in a respectable part of the community
false imprisonment
conscious restraint of the freedom of a person without proper authorization
fraud
intentional perversion of truth for the purpose of inducing a person to rely on the false information to their detriment
implied consent
persons agreement to allow something to happen which is not expressly given but rather inferred from actions or inactions
informed consent
persons agreement to allow something to happen that is based on full disclosure
negligence
failure to do something that a reasonable person guided by the ordinary considerations that regulate human affairs would do
res ipsa loquitur
thing speaks for itself
type of injury did not occur except for negligence
activity was under the complete control of the defendant
plaintiff did not contribute to their own injury
respondeat superior
let superior respond or let master speak for servant
standard of care
degree of skill, knowledge, and care ordinarily possessed and employed by members in good standing within the profession
tort
private or civil wrong or injury, other than breach of contract, for which the court provides a remedy in the form of an action for damages
The Schloendorf v. Society of New York Hospital doctrine serves six functions. what are they?
protects autonomy
protects patient status as a human
avoids fraud and duress
encourages healthcare practitioners to consider decisions carefully
fosters rational decision making by patient
involves the public in medicine
an estimated 10% of all medical negligence claims are related to what?
diagnostic imaging
improper diagnosis or injuries sustained during procedures
what is necessary for a patient to have a claim?
some breach of duty must have occurred on the part of the healthcare practitioner
threatening to repeat a painful exam if the patient does not hold still may be construed as what?
assault
any unlawful touching may constitute _____________ if the patient thinks they have been touched in an offensive way
battery
false imprisonment is most prevalent with people who are?
senile, pediatric, inebriated, unable to cooperate
in the case of senile or pediatric patients, who is authorized to give consent to restrain or immobilize?
parent, guardian, healthcare surrogate
what are the two types of defamation and what do they mean?
slander = spoken word
libel = written/published comments and pictures
writing inappropriate comments about a patient in their health record is an example of what?
libel
for a plaintiff to prevail in a claim of fraud, the alleged injured party must show what?
untrue statement was made to mislead
what are the four elements that must be proved for a patient to recover damages for injuries sustained because of negligence?
res ipsa loquitur sometimes arises in cases of medical negligence and is used to do what?
what must the plaintiff show in cases of res ipsa loquitut?
if res ipsa loquitur is raised, who takes the burden to prove whether negligence occurred or did not occur?
in cases of medical negligence, what does respondeat superior assert?
corporate liability includes what?
what is the most common form of consent in medical imaging?
when is informed consent required?
anytime a scalpel is involved
what must the patient be made informed of in order to give informed consent?
a consent form should contain what?
who should be the witness who signs a consent form alongside the patient?
a disinterested 3rd party
what must a healthcare practitioner do if a patient consents to a procedure and then revokes the consent?
stop procedure when it will cause the least harm to the patient
