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
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
26
T/F: palliative treatments DO NOT intend to prolong patient's life
TRUE
27
___________ are legal documents that state the patient's choice for their health care when they become terminally sick
Living wills
28
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
29
directives such as ______ explain whether or not the patient would like to receive resuscitation or CPR
DNR (Do Not Resuscitate)
30
The patient must be identified in a minimum of ___ unique ways
two
31
T/F: patient identification verification is important so that the correct patient receives the correct treatment
TRUE
32
who, the therapist or the patient, should confirm their name and DOB (Date of Birth)
the patient
33
_________ identification occurs when the therapist compares the photo of the patient in the chart to the patient they will be treating
visual
34
T/F: patients may also be identified by their wristbands if they are inpatients or identification cards if they are outpatients
TRUE
35
define Malpractice
a professional, such as a physician, unintentionally acts wrongfully, which causes injury to the patient
36
T/F: a Malpractice act happens ON PURPOSE
FALSE "a professional, such as a physician, unintentionally acts wrongfully, which causes injury to the patient"
37
define Tort
wrongful acts that are intentional or unintentional
38
define Battery
harmful, unjustifiable acts to or against another person
39
"Physical touch that is meant to harm someone" "Physical touch that is not permitted" are considered Battery or Assault?
battery
40
Define Assualt
a threat of physical touch or harm
41
describe the difference between Assault and Battery
battery = actual act assault = threat of action
42
Define Negligence
the medical professional's failure to act or care for the patient, which leads to the patient's injury
43
What are examples of "Unintentional Tort"?
negligence
44
Define "False Imprisonment"
confinement or restraint of the patient without the appropriate approval
45
Define "Libel"
written defamation of character
46
What are examples of "Intentional Tort"
libel and slander
47
what is the difference between slander and libel?
libel = WRITTEN defamation slander = VERBAL defamation
48
Define "Slander"
verbal defamation of character
49
Define "Invasion of Privacy"
a patient's private information is shared with those who are not involved in the patient's health care
50
T/F: an Invasion of Privacy is NOT a violation of HIPAA
FALSE -it IS a violation of HIPAA
51
Define "Respondeat superior"
let the master answer -EMPLOYEERS ARE LIABLE FOR the negligent acts of their EMPLOYEES
52
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
53
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
54
________ devices restrict the patient's movement with the patient's cooperation
Immobilization
55
immobilization devices are made for radiation therapy patients to help create a ___________ setup
reproducible
56
who can order restraints for a patient?
physician, physician assistant, or nurse practioner