Chapter 5 Flashcards
What is the physicians liability as an employer?
- Grounds and buildings
- Automobiles
- Employee safety
What is liability?
All competent adults are liable or legally responsible for their actions on the job and in private lives.
What is standard of care?
Level of performance expected of health care worker caring out duties.
What is duty of care?
Obligations of health care workers to patients and non-patients.
What is reasonable person standard?
The standard of behavior that judges a person’s actions in a situation according to what a reasonable person would or would not do in the same circumstance.
True or False
A specialist is held to the same standard of care as that expected of a general practitioner.
False
A specialist is held to a higher standard of care than that expected of a general practice.
What are the 12 guidelines for health care practice?
- Practice within scope of training
- Use professional title commensurate with education and experience such as MA or RMA( medical assistant or registered medical assistant)
- Maintain confidentiality
- Prepare and maintain health records
- Document accurately
- Use appropriate ethical and legal guidelines for patient information.
- Follow employer’s established policy
- Follow legal guidelines
- Maintain and dispose of controlled substances properly.
- Follow risk management protocols
- Meet requirements for credentialing
- Help develop and maintain policies
What is confidentiality?
The act of holding information in confidence, not to be released to unauthorized individuals.
How to waive confidentiality?
- A third party requests a medical examination for employment
- A patient sues a physician for malpractice and records are subpoenaed
- A waiver has been signed by patient allowing release of information
Any deviation from the accepted medical standard of care causing injury to the patient is what?
Unintentional Tort of Negligence
What are the four D’s to prove negligence?
Duty person charged owed a duty of care to the accuser.
Dereliction health care provider breached the duty of care to the patient.
Direct Cause the breach of duty of care to the patient caused the injury.
Damages there is a legally recognizable injury to the patient.
True or False
When a plaintiff sues health care practitioner for negligence, the burden of proof is on the plaintiff.
True
When a plaintiff sues a health care practitioner for negligence, the burden of proof is on the plaintiff. It is up to the accuser’s attorney to present evidence of the four D’s.
Seven different ways to improve patient safety through the joint commission.
Improve accuracy of patient identification. ie. ask for birth dates.
Improve effectiveness amount caregivers.
Improve safety of using high alert medications
Eliminate wrong-site, wrong-patient, wrong procedure surgery
Improve safety of infusion pumps. Pain pumps
Improve effectiveness of clinical alarm systems
Reduce the risk of health care acquired infections
What is Res ipsa loquitur?
Negligence is obvious. It speaks for itself
What are three conditions that must occur to be Res ipsa loquitur?
The act must be under defendant’s control.
The patient must not have contributed to the act.
It must be apparent that the patient would not have been harmed if reasonable care were used.
