Ethical and Legal Aspects Flashcards

1
Q

define Informed Consent and what it entails

A

explains the procedure and the risks and benefits of the procedure, as well as provides alternatives to this procedure

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2
Q

when is Informed Consent (form) required?

A

required for invasive procedures, sedation, any procedures that put the patient at risk, and procedures that use radiation

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3
Q

who must sign an Informed Consent form?

A

the patient and the doctor

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4
Q

who can sign an Informed Consent form in place of a patient?

A
  1. a parent
  2. power of attorney
  3. health care proxy
    –can all sign in place of a patient when the patient is unable to sign
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5
Q

what form gives the doctor permission to perform a procedure on the patient?

A

Informed Consent

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6
Q

a __________ is an official agreement that has been signed on paper or digitally by everyone involved

A

written consent

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7
Q

_________ gives the doctor permission with a verbal message

A

verbal consent

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8
Q

a _________ is expressed or implied permission given for the procedure when the patient does not have enough information about the procedure

A

simple consent

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9
Q

if a patient does not stop a/the procedure, what consent is being communicated?

A

expressed consent
-the patient wants the procedure to occur

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10
Q

what consent is communicated IF the patient WOULD give consent if the patient’s condition permitted

ie. I would if I could

A

implied consent

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11
Q

T/F: with implied consent -

consent could be given by another person if the patient is unable to give consent himself/herself

A

TRUE

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12
Q

T/F:

implied consent is typically the consent assumed for emergency situations

A

TRUE

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13
Q

“Inadequate consent” can also be called what?

A

Ignorant consent

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14
Q

define Inadequate consent

A

when the patient was not given enough information to make the appropriate decision

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15
Q

what does HIPAA stand for?

A

Health Insurance Portability and Accountability Act of 1996

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16
Q

what created a standard for the confidentiality of patient records?

A

HIPAA

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17
Q

what year was HIPAA established?

A

1996

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18
Q

T/F:

a patient’s information can be talked about only by those who are directly involved in the patient’s care

A

TRUE

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19
Q

____________ outlines the expectations the patient has of the health care facility that they are involved with

A

The Patient’s Bill of Rights

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20
Q

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

A

FALSE

the patient DOES have the legal right

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21
Q

T/F:

all patient records are to be kept confidential

A

TRUE

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22
Q

T/F:

the goal of care for a patient’s treatment does not have to be identified

A

FALSE

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23
Q

radiation therapy treatments have a ___________ or _____________ goal

A

curative or palliative

24
Q

what type of treatments have a goal to eradicate the tumor?

A

curative (and or definitive) treatments

25
Q

what type of treatments have a goal to alleviate the patient’s symptoms, such as reducing pain, stopping pelvic bleeding, improving breathing, etc.

A

palliative treatments

26
Q

T/F:

palliative treatments DO NOT intend to prolong patient’s life

A

TRUE

27
Q

___________ are legal documents that state the patient’s choice for their health care when they become terminally sick

A

Living wills

28
Q

the ____________ is a power of attorney, or someone the patient has chosen to make health care decisions for them when they are unable to

A

health care proxy

29
Q

directives such as ______ explain whether or not the patient would like to receive resuscitation or CPR

A

DNR (Do Not Resuscitate)

30
Q

The patient must be identified in a minimum of ___ unique ways

A

two

31
Q

T/F:

patient identification verification is important so that the correct patient receives the correct treatment

A

TRUE

32
Q

who, the therapist or the patient, should confirm their name and DOB (Date of Birth)

A

the patient

33
Q

_________ identification occurs when the therapist compares the photo of the patient in the chart to the patient they will be treating

A

visual

34
Q

T/F:

patients may also be identified by their wristbands if they are inpatients or identification cards if they are outpatients

A

TRUE

35
Q

define Malpractice

A

a professional, such as a physician, unintentionally acts wrongfully, which causes injury to the patient

36
Q

T/F:

a Malpractice act happens ON PURPOSE

A

FALSE

“a professional, such as a physician, unintentionally acts wrongfully, which causes injury to the patient”

37
Q

define Tort

A

wrongful acts that are intentional or unintentional

38
Q

define Battery

A

harmful, unjustifiable acts to or against another person

39
Q

“Physical touch that is meant to harm someone”
“Physical touch that is not permitted”

are considered Battery or Assault?

A

battery

40
Q

Define Assualt

A

a threat of physical touch or harm

41
Q

describe the difference between Assault and Battery

A

battery = actual act
assault = threat of action

42
Q

Define Negligence

A

the medical professional’s failure to act or care for the patient, which leads to the patient’s injury

43
Q

What are examples of “Unintentional Tort”?

A

negligence

44
Q

Define “False Imprisonment”

A

confinement or restraint of the patient without the appropriate approval

45
Q

Define “Libel”

A

written defamation of character

46
Q

What are examples of “Intentional Tort”

A

libel and slander

47
Q

what is the difference between slander and libel?

A

libel = WRITTEN defamation
slander = VERBAL defamation

48
Q

Define “Slander”

A

verbal defamation of character

49
Q

Define “Invasion of Privacy”

A

a patient’s private information is shared with those who are not involved in the patient’s health care

50
Q

T/F:

an Invasion of Privacy is NOT a violation of HIPAA

A

FALSE

-it IS a violation of HIPAA

51
Q

Define “Respondeat superior”

A

let the master answer

-EMPLOYEERS ARE LIABLE FOR the negligent acts of their EMPLOYEES

52
Q

Define “Res ipsa loquitur”

A

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

53
Q

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

A

TRUE

54
Q

________ devices restrict the patient’s movement with the patient’s cooperation

A

Immobilization

55
Q

immobilization devices are made for radiation therapy patients to help create a ___________ setup

A

reproducible

56
Q

who can order restraints for a patient?

A

physician,
physician assistant,
or nurse practioner