Ethical and Legal Aspects Flashcards
define Informed Consent and what it entails
explains the procedure and the risks and benefits of the procedure, as well as provides alternatives to this procedure
when is Informed Consent (form) required?
required for invasive procedures, sedation, any procedures that put the patient at risk, and procedures that use radiation
who must sign an Informed Consent form?
the patient and the doctor
who can sign an Informed Consent form in place of a patient?
- a parent
- power of attorney
- health care proxy
–can all sign in place of a patient when the patient is unable to sign
what form gives the doctor permission to perform a procedure on the patient?
Informed Consent
a __________ is an official agreement that has been signed on paper or digitally by everyone involved
written consent
_________ gives the doctor permission with a verbal message
verbal consent
a _________ is expressed or implied permission given for the procedure when the patient does not have enough information about the procedure
simple consent
if a patient does not stop a/the procedure, what consent is being communicated?
expressed consent
-the patient wants the procedure to occur
what consent is communicated IF the patient WOULD give consent if the patient’s condition permitted
ie. I would if I could
implied consent
T/F: with implied consent -
consent could be given by another person if the patient is unable to give consent himself/herself
TRUE
T/F:
implied consent is typically the consent assumed for emergency situations
TRUE
“Inadequate consent” can also be called what?
Ignorant consent
define Inadequate consent
when the patient was not given enough information to make the appropriate decision
what does HIPAA stand for?
Health Insurance Portability and Accountability Act of 1996
what created a standard for the confidentiality of patient records?
HIPAA
what year was HIPAA established?
1996
T/F:
a patient’s information can be talked about only by those who are directly involved in the patient’s care
TRUE
____________ outlines the expectations the patient has of the health care facility that they are involved with
The Patient’s Bill of Rights
T/F:
According to the Patient’s Bill of Rights, the patient DOES NOT have the legal right to influence the outcome of his or her treatment
FALSE
the patient DOES have the legal right
T/F:
all patient records are to be kept confidential
TRUE
T/F:
the goal of care for a patient’s treatment does not have to be identified
FALSE
radiation therapy treatments have a ___________ or _____________ goal
curative or palliative
what type of treatments have a goal to eradicate the tumor?
curative (and or definitive) treatments
what type of treatments have a goal to alleviate the patient’s symptoms, such as reducing pain, stopping pelvic bleeding, improving breathing, etc.
palliative treatments
T/F:
palliative treatments DO NOT intend to prolong patient’s life
TRUE
___________ are legal documents that state the patient’s choice for their health care when they become terminally sick
Living wills
the ____________ is a power of attorney, or someone the patient has chosen to make health care decisions for them when they are unable to
health care proxy
directives such as ______ explain whether or not the patient would like to receive resuscitation or CPR
DNR (Do Not Resuscitate)
The patient must be identified in a minimum of ___ unique ways
two
T/F:
patient identification verification is important so that the correct patient receives the correct treatment
TRUE
who, the therapist or the patient, should confirm their name and DOB (Date of Birth)
the patient
_________ identification occurs when the therapist compares the photo of the patient in the chart to the patient they will be treating
visual
T/F:
patients may also be identified by their wristbands if they are inpatients or identification cards if they are outpatients
TRUE
define Malpractice
a professional, such as a physician, unintentionally acts wrongfully, which causes injury to the patient
T/F:
a Malpractice act happens ON PURPOSE
FALSE
“a professional, such as a physician, unintentionally acts wrongfully, which causes injury to the patient”
define Tort
wrongful acts that are intentional or unintentional
define Battery
harmful, unjustifiable acts to or against another person
“Physical touch that is meant to harm someone”
“Physical touch that is not permitted”
are considered Battery or Assault?
battery
Define Assualt
a threat of physical touch or harm
describe the difference between Assault and Battery
battery = actual act
assault = threat of action
Define Negligence
the medical professional’s failure to act or care for the patient, which leads to the patient’s injury
What are examples of “Unintentional Tort”?
negligence
Define “False Imprisonment”
confinement or restraint of the patient without the appropriate approval
Define “Libel”
written defamation of character
What are examples of “Intentional Tort”
libel and slander
what is the difference between slander and libel?
libel = WRITTEN defamation
slander = VERBAL defamation
Define “Slander”
verbal defamation of character
Define “Invasion of Privacy”
a patient’s private information is shared with those who are not involved in the patient’s health care
T/F:
an Invasion of Privacy is NOT a violation of HIPAA
FALSE
-it IS a violation of HIPAA
Define “Respondeat superior”
let the master answer
-EMPLOYEERS ARE LIABLE FOR the negligent acts of their EMPLOYEES
Define “Res ipsa loquitur”
the thing speaks for itself
-the health care worker involved in the negligent act is liable for himself/herself
-the health care worker must be able to explain what happened and prove that negligence did not occur
T/F:
in the health care setting, some patients who might cause harm to themselves may have to be restrained, meaning they need devices to limit any movement in order to prevent injury to themselves or others
TRUE
________ devices restrict the patient’s movement with the patient’s cooperation
Immobilization
immobilization devices are made for radiation therapy patients to help create a ___________ setup
reproducible
who can order restraints for a patient?
physician,
physician assistant,
or nurse practioner
