Chapter 7 Legal Essentials and Patient Rights Flashcards
What are the two basic types of laws
Common law and Statutory law
What is the oldest form of law
Common law
This type of law includes statues enacted by federal, state, or local governments
Statutory law
Which law addresses statues enacted regarding the power of agencies to regulate and enforce laws
Administrative law
What are the three phases to a law suit
1) Pleading Guilty
2) Discovery Phase
3) Trial
This type of law involves crime against an individual including slander, libel, trespassing, and contract violation
Civil law
A wrong committed against a person or property which may result in physical injury, damage to personal property, or deprivation of liberty or freedom
Tort
Unlawful touching of a person without his or her consent even if the act is performed for his or her benefit
Battery
Occurs when a medical professional confines a patient against his or her will
False imprisonment
Speaking potentially damaging and malicious words
Slander
Publishing info in a written form
LIbel
The illegal appropriation of funds in your care
Embezzlement
Interference of a persons right to be left alone
Invasion of privacy
Any attempt to deceive someone including false promises to the patient
Fraud
Acts that are not intentionally committed but result in injury to a person
Unintentinal Tort
When someone has a duty to provide reasonable care and fails to do so
Negligence
What are the four D’s to prove a case
1) Duty
2) Direct cause
3) Direct damages
4) Derelict (breach of duty)
The thing that speaks for itself
Res Ipsa
Let the master answer
Respondeat Superior
What are the two types of consent
1) informed
2) implied
Legal documents that are created by a compentent person to provide written info concerning his or her own desires for treatment
Advanced Directive
Expresses the patient wishes concerning future medical use
Living will
An agent to act on the patients behalf should the patient lose the ability to make decisions
Durable power of attorney
Which of the following is not an intentional tort
1) Embezzlement
2) Malpractice
3) Assault
4) False imprisonment
2) Malpractice