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
INVOLUNTARY CONSENT
LAW ENFORCEMENT OR LEGAL GUARDIAN GRANTS PERMISSION TO TREAT SOMEONE UNDER ARREST, INCAPACITATED, OR A MINOR
MALFEASANCE
PERFORM AN ACT YOU WERE NOT AUTHORIZED TO DO
MISFEASANCE
PERFORM AN ACT YOU WERE AUTHORIZED TO DO IMPROPERLY
NONFEASANCE
FAIL TO PERFORM ACT YOU WERE EXPECTED TO PERFORM
ABANDONMENT
NEGLIGENCE THAT INVOLVES TERMINATION OF MED CARE WITHOUT PATIENT’S CONSENT LEADING TO INJURY OR DEATH
PATIENT RIGHTS (3)
AUTONOMY, ADVANCE DIRECTIVE, HEALTH CARE POWER OF ATTORNEY
AUTONOMY
PATIENT’S RIGHT TO DIRECT THEIR CARE AND HOW THEY WANT END-OF-LIFE CARE PROVIDED TO THEM
ADVANCED DIRECTIVES
WRITTEN DOCUMENTS THAT EXPRESS DESIRES OF PATIENT ABOUT FUTURE MEDICAL CARE
HEALTH CARE POWER OF ATTORNEY
(SURROGATE DECISION MAKER) MAKES DECISIONS AS THE PATIENT WOULD WANT WHEN PATIENT LOSES DECISION-MAKING CAPACITY
STATUES OF LIMITATIONS
LAWS THAT LIMIT THE TIME WITHIN WHICH A LAWSUIT MAY BE FILED
CONTRIBUTORY NEGLIGENCE
PLAINTIFF (PATIENT) HAS DONE SOMETHING THAT CONTRIBUTES TO THEIR INJURIES
LEGAL IMMUNITIES AS MEDICS (2)
GOVT IMMUNITY AND QUALIFIED IMMUNITY
GOVERNMENTAL IMMUNITY
LIMITS TYPES OF LAWSUITS CAN BE FILED AGAINST GOVT AGENCIES
QUALIFIED IMMUNITY
HELD LIABLE ONLY WHEN PATIENT CAN SHOW YOU VIOLATED AN ESTABLISHED LAW THAT YOU SHOULD HAVE KNOWN
QUID PRO QUO
PERSON IN AUTHORITY ATTEMPTS TO EXCHANGE WORK-RELATED BENEFIT FOR INAPPROPRIATE EMPLOYEE ACTIONS
HOSTILE ENVIRONMENT
EMPLOYER CREATED OFFENSIVE PRACTICE OR ALLOWED IT TO CONTINUE MAKING IT HOSTILE
ICARE
INTEGRITY
COMPASSION
ACCOUNTABILITY
RESPECT
EMPATHY
ASSAULT VS BATTERY
ASSAULT: VERBAL THREAT OF BODILY HARM
BATTERY: PHYSICAL CONTACT ASSAULT
ETHICS VS MORALS
ETHICS (EVERYONE)
MORALS (ME)
AGE DISCRIMINATION IN EMPLOYMENT ACT
1967 - PROTECTS PEOPLE WHO ARE 40 OR OLDER FROM DISCRIMINATION
EQUAL PAY ACT
1963, ILLEGAL TO PAY DIFFERENT WAGES TO MEN AND WOMEN PERFORMING EQUAL WORK
PREGNANCY DISCRIMINATION ACT
1978, ILLEGAL TO DISCRIMATE AGAINST WOMEN WITH PREGNANCY
RYAN WHITE ACT
SAFEGUARDS FOR HEALTH CARE PROVIDERS EXPOSED TO DISEASES
OSHA
1970, HAZARD FREE WORKPLACE
NATIONAL LABOR RELATIONS ACT
ESTABLISHES UNIONS AND UNION WORKERS’ RIGHTS
