Chapter 5: Legal and Ethical Unit

Question 1

The integrity of health care is dependent upon providing

Answer 1

individualized competent, and safe care to clients

Question 2

Two major divisions

Answer 2

Criminal Law and Civil law

Question 3

Criminal law focuses on

Answer 3

Wrongs against a person, property, or society

Question 4

Civil law (health care is mainly affected by) focuses on

Answer 4

legal relationships between people and the protection of a person’s rights (contain contracts and torts)

Question 5

Contracts

Answer 5

an agreement between 2 or more parties

Question 6

Parts of a contracts

Answer 6

Offer, acceptance, and consideration

Question 7

Implied contracts

Answer 7

obligations that are understood without verbally expressed terms.

Question 8

Expressed Contracts

Answer 8

stated in distinct and clear language, either orally or in writing,

Question 9

(Civile Law) Torts

Answer 9

wrongful acts that do not involve contracts

Question 10

A tort occurs when a person is _____ or ___ because health care provider ___ the established or expected standards of care

Answer 10

harmed, injured, does not

Question 11

Malpractice

Answer 11

The failure of a professional to use the degree of skill and learning commonly expected in that person’s profession

Question 12

Malpractice results in

Answer 12

injury, loss or damage to person beign cared for

Question 13

Negligence is

Answer 13

Failure to give care that is normally expected of a person in that position, results in injury.

Question 14

Assault

Answer 14

a threat or attempt to injure

Question 15

Battery

Answer 15

Unlawful touching of another person without consent

Question 16

invasion of privacy

Answer 16

unnecessarily exposing an individual or revealing personal info without consent.

Question 17

False imprisonment

Answer 17

Restraining an individual or restricting an individual’s freedom

Question 18

Abuse

Answer 18

Any care that results in physical harm, pain, or mental anguish.

Question 19

Defamation

Answer 19

False statements either cause a person to be ridiculed or damage the person’s reputation

Question 20

Slander

Answer 20

when defmamation is spoken

Question 21

Libel

Answer 21

when defamation is written

Question 22

Confidentiality, information about the patient

Answer 22

must remain private and can be shared only with another member of the patient’s health care team.

Question 23

Fraud

Answer 23

Wrongful or criminal deception intended to result in financial or personal gain

Question 24

Implied consent

Answer 24

implied by either words or behaviro of the patient or by the circumstances under which treatment is given

Question 25

Expressed Consent

Answer 25

should be obtained when the treatment is likley to be more than mildly painful, when it carries appreciable risk or when it will result in ablation of a bodily function

Question 26

HIPAA when was it made

Answer 26

1996

Question 27

What does HIPAA stand for

Answer 27

Heath Insurance Portability and Accountability Act

Question 28

Basic info of HIPAA

Answer 28

It regulates the use and disclosure of protected Health Information

Question 29

what does PHI stand for

Answer 29

Protected Health Information

Question 30

Basic info of PHI

Answer 30

It is any information about health status, provision of health care or payment for health care that can be linked to an individual.

Question 31

Ehics

Answer 31

Sets the principles relating to what is morally right and wrong/ makes decisions based on what people believe is right and good conduct.

Question 32

what does OBRA stand for

Answer 32

Omnibus Budget Reconciliation Act

Question 33

When was OBRA made

Answer 33

In 1987

Question 34

What does OBRA do

Answer 34

an act that guarantees certain rights to residents in long-term care facilities

Question 35

Living will

Answer 35

allows individuals to state what measures should or should not be taken to prolong life when their conditions are terminal

Question 36

Power of Attorney

Answer 36

permits a patient to appoint another person to make health care decision for them if they are not able to do so.

Question 37

What does DNR stand for

Answer 37

Do Not Resuscitate

Question 38

What does DNR do

Answer 38

it means that CPR isn’t performed when the patient stops breathing.

Question 39

Professional standards

Answer 39

Perform only those procedures for which you have been trained and legally permitted to do./ Observe all safety precaution

Question 40

Who has ownership of health care records

Answer 40

The ownership of the health care records is the health care providers

Question 41

Standards that provide federal protection for privacy of health care records

Answer 41

standards for privacy of individually identifiable health information.