Chapter 3 Laws and Ethics Flashcards
The six categories of laws
Constitutional
Statutory
Administrative
Common
Criminal
Civil
Constitutional law
1) Protects fundamental rights and freedoms of U.S. citizens
2) Defines the duties and limitations of the executive, legislative, and judicial branches of government
Statutory law
Identifies local, state, or federal rules necessary for the public’s welfare
Administrative law
Develops regulations by which to carry out the mission of a public agency
Common law
Determines the nature of criminal acts that endanger all of society
Civil law
Determines the circumstances and manner in which a person may be compensated for being the victim of another person’s action or omission of an action
The two types of unintentional torts
negligence and malpractice
Elements in a Malpractice Case
(1) DUTY - An obligation exists to provide care for the person who claims to have been injured or harmed.
(2) BREACH OF DUTY - The caregiver failed to provide appropriate care or was given negligently, in a way that conflicts with how hers with similar education would have acted given the same set of circumstances.
(3) CAUSATION - The caregiver’s action, or lack thereof, caused the plaintiff harm.
(4) INJURY- Physical, psychological, or financial harm occurred
Patients Rights
1) Patients have the right to information necessary to make decisions about their health care provided in their primary language in ways they can understand.
2) Patients have the right and responsibility to choose health care providers.
3) Patients deserve immediate access to emergency medical care when needed.
4) Patients have the right to know options and participate in decisions regarding their health care.
5) Patients have the right to respect and consideration and should never suffer from discrimination.
6) Patients can consult privately with their healthcare providers.
7) Patients must have access to procedures that guarantee a timely, confidential, and fair review of any complaints they may have concerning care.
Name the six ethical principles
1) Beneficence
2) Nonmaleficence
3) Autonomy
4) Veracity
5) Fidelity
6) Justice
Autonomy
Autonomy entails the ability to make a choice free from external constraints.
Good Samaritan Laws
Paramedics, ambulance personnel, physicians, and nurses who stop to provide assistance are still held to a higher standard of care because they have training above and beyond that of ordinary lay people.