Chapter 5: Legal and Ethical Unit Flashcards
The integrity of health care is dependent upon providing
individualized competent, and safe care to clients
Two major divisions
Criminal Law and Civil law
Criminal law focuses on
Wrongs against a person, property, or society
Civil law (health care is mainly affected by) focuses on
legal relationships between people and the protection of a person’s rights (contain contracts and torts)
Contracts
an agreement between 2 or more parties
Parts of a contracts
Offer, acceptance, and consideration
Implied contracts
obligations that are understood without verbally expressed terms.
Expressed Contracts
stated in distinct and clear language, either orally or in writing,
(Civile Law) Torts
wrongful acts that do not involve contracts
A tort occurs when a person is _____ or ___ because health care provider ___ the established or expected standards of care
harmed, injured, does not
Malpractice
The failure of a professional to use the degree of skill and learning commonly expected in that person’s profession
Malpractice results in
injury, loss or damage to person beign cared for
Negligence is
Failure to give care that is normally expected of a person in that position, results in injury.
Assault
a threat or attempt to injure
Battery
Unlawful touching of another person without consent
invasion of privacy
unnecessarily exposing an individual or revealing personal info without consent.
False imprisonment
Restraining an individual or restricting an individual’s freedom
Abuse
Any care that results in physical harm, pain, or mental anguish.
Defamation
False statements either cause a person to be ridiculed or damage the person’s reputation
Slander
when defmamation is spoken
Libel
when defamation is written
Confidentiality, information about the patient
must remain private and can be shared only with another member of the patient’s health care team.
Fraud
Wrongful or criminal deception intended to result in financial or personal gain
Implied consent
implied by either words or behaviro of the patient or by the circumstances under which treatment is given
Expressed Consent
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
HIPAA when was it made
1996
What does HIPAA stand for
Heath Insurance Portability and Accountability Act
Basic info of HIPAA
It regulates the use and disclosure of protected Health Information
what does PHI stand for
Protected Health Information
Basic info of PHI
It is any information about health status, provision of health care or payment for health care that can be linked to an individual.
Ehics
Sets the principles relating to what is morally right and wrong/ makes decisions based on what people believe is right and good conduct.
what does OBRA stand for
Omnibus Budget Reconciliation Act
When was OBRA made
In 1987
What does OBRA do
an act that guarantees certain rights to residents in long-term care facilities
Living will
allows individuals to state what measures should or should not be taken to prolong life when their conditions are terminal
Power of Attorney
permits a patient to appoint another person to make health care decision for them if they are not able to do so.
What does DNR stand for
Do Not Resuscitate
What does DNR do
it means that CPR isn’t performed when the patient stops breathing.
Professional standards
Perform only those procedures for which you have been trained and legally permitted to do./ Observe all safety precaution
Who has ownership of health care records
The ownership of the health care records is the health care providers
Standards that provide federal protection for privacy of health care records
standards for privacy of individually identifiable health information.
