CHAPTER 4: MED, LEGAL, AND ETHICAL ISSUES Flashcards
LAWS VS ETHICS
LAWS: ENFORCABLE SANCTIONS
ETHICS: DETERMINE WHAT IS RIGHT AND WRONG
COMMON LAW
DECISION THAT A JUDGE HAS MADE THROUGH A COURT BASED ON INTERPRETATION OF STATUTES AND CONSTITUTIONS
3 BRANCHES OF GOVT
LEGISLATIVE, JUDICIAL, EXECUTIVE
LIABILITY
RESPONSIBLE FOR TREATING PATIENTS TO THEIR SATISFACTION OF MEDICAL CARE
CIVIL VS CRIMINAL LAW
CIVIL: PERSON VS. ANOTHER PERSON
CRIMINAL: STATE CAN PROSECUTE YOU FOR BREAKING LEGAL STATUTE
NEGLIGENCE CRITERIA (4)
HAD DUTY TO ACT, COMMITTED BREACH OF DUTY TO ACT, PATIENT SUFFERED DAMAGES AS A RESULT, DAMAGES WERE PROXIMALLY CAUSED FROM THAT BREACH OF DUTY TO ACT
3 LAWS MOST LIKELY TO APPLY TO EMS
ASSAULT, BATTERY, FALSE IMPRISONMENT
DEFAMATION
INTENTIONALLY MAKING FALSE STATEMENT THROUGH WRITTEN/VERBAL COMMUNICATION
LIBEL
FALSE WRITTEN STATEMENT
SLANDER
FALSE ORAL STATEMENT
HIPPA
CRIMINAL PENALTIES FOR RELEASING PATIENT’S PRIVATE INFORMATION, PROTECTS PATIENT’S PHI
EMTALA
CANNOT DENY MEDICAL CARE TO SOMEONE WITHOUT INSURANCE, ESPECIALLY WOMEN IN LABOR
MANDATORY REPORTING REQUIREMENTS (8)
NEGLECT/ABUSE OF CHILDREN OR ELDERS, DOMESTIC VIOLENCE, SUSPICIOUS INJURIES, DRUG-RELATED INJURIES, CHILDBIRTH OUTSIDE OF LICENSED FACILITY, RAPE, ANIMAL BITES, COMMUNICABLE DISEASES
INFORMED CONSENT
PATIENT’S VOLUNTARY AND INFORMED AGREEMENT TO BE TREATED
EXPRESSED CONSENT
PATIENT EITHER TELLS OR USES ACTIONS TO GIVE PERMISSION TO PROVIDE MEDICAL CARE
IMPLIED CONSENT
ASSUMED BY UNCONSCIOUS OR TOO ILL/INJURED TO SPEAK ADULTS