Chapter 4 Medicolegal and Ethical Issues Flashcards
Patient’s wishes regarding the type of health and welfare treatment they do or do not wish to receive should they later lose capacity. In case where life-sustaining treatment is being refused, this must be in writing.
advance decision
A crime and a tort resulting from an act by which any person directly, negligently, or possibly recklessly, causes another to fear immediate bodily harm or invasion of bodily security.
assault
The right to direct own’s care
autonomy
A crime and a tort (or delict) involving unwanted touching or the infliction of unlawful violence by the defendant against the claimer. This includes even the slightest force. and need to result in actual harm.
battery
The relationship between cause and effect.
causation
An action instituted by a private individual or corporation against another private individual or corporation.
civil claim
Compliance with or deliberate approval of a course of action. It is not legally binding if obtained by coercion, fraud, undue influence, or duress.
consent
An action instituted by the state against a private individual for violation of the criminal law.
criminal prosecution
The court’s estimated compensation in financial terms for the detriment of injury sustained by the claimant.
damages
Obligation of a person to compensate another who has suffered loss as a result of the wrongful actions of that person.
delict
And Individual appointed by the Court of Protection to make health care decisions should a patient lose capacity and not have a lasting power of attorney.
deputy
Doctrine under which necessary and urgent life-saving treatment may be administered to patients in their best interest in the absence of their ability to give consent.
doctrine of necessity
An act that is due by legal or moral obligation.
duty
When one can see that one’s actions are likely to cause harm to another person.
duty of care
The philosophy of right and wrong.
ethics
The philosophy of right and wrong.
ethics
A patient’s agreement to, for example, treatment, after being informed of the nature of the disease, the risk and benefits of the proposed treatment, alternative treatment or the choice of no treatment at all.
informed consent
The appointment of a proxy decision-maker (who need not be a relative) to make decisions about care and treatment should a patient lose capacity.
lasting power of attorney
Legal obligation or duty.
liability
Pertaining to conscience, conduct, and character.
morality
Failure to perform to the ordinary objective standard of conduct expected of a reasonable person performing that skill or art.
negligence
The limits to a practice that are imposed by the regulatory professional body.
scope of practice
A measure to which others conform or by which the accuracy of quality of others is judged.
standard
That which would be expected from a reasonable person with similar training in the same or similar circumstances.
standard of care
A wrongful act that gives rise to a civil claim.
tort