Ethical and Medical/Legal Considerations Flashcards
Emergency Medical Treatment and Active Labor Act (EMTALA)
federal legislation that makes it illegal to refuse an appropriate screening examination and, if necessary, treatment or emergency transfer to patients with a medical emergency or in active labor, regardless of their ability to pay.
Health Insurance Portability and Accountability Act (HIPAA)
federal legislation that regulates the security, distribution, and access to protected health information.
Administrative Law
a law pertaining to the regulation of government agencies, including the interaction of agencies with other branches of the government and the public.
Civil law
branch of law that deals with disputes between individuals and organizations rather than with the commission of crimes
Tort law
a law pertaining to wrongdoing and harm done to one party by another
Criminal law
branch of law in which the government prosecutes individuals for the commission of crimes.
Licensure
the process through which a government agency grants permission for qualified individuals to engage in an occupation.
Certification
recognition of achievement of requirements, which can be granted by any agency.
Registration
having one’s name listed in a database
Scope of practice
legally defines what a hcp is permitted to do in the course of their duties.
false imprisonment
unlawful detainment of an individual without just cause.
Liability
legal responsibility; being legally responsible.
Guidelines to minimize risk of liability
- follow protocol
- contact PD if necessary with psych pt who refuse care
- involve MD and supervision when situation is unclear
- Act in pt’s best interest
- DOCUMENT all relevant information about the situation
Expressed consent
a pt’s overt acknowledgment that he accepts the medical procedures that are going to be performed.
Informed consent
provide pt with information about the nature of treatment, why it is needed, what it is expected to do, any potential for side effects or complications, and the consequences of not receiving the treatment (delivered in a way that pt can understand)
Abandonment
termination of patient care without transferring care to a qualified health care provider when the patient is still in need of and desires medical care.
Assault
placing a person in fear of imminent bodily harm
Battery
illegal physical contact with an individual
Living will
an advance health care directive written by an individual who is competent to make decisions, which outlines his wishes regarding end-of-life care.
Health care proxy
a document in which the patient designates other individual to make health care decisions in the event he becomes incapacitated.
Durable power of attorney
legal permission granted to an individual to make health care decisions on behalf of a person who is not competent to make decisions for themselves.
Physician’s orders for life-sustaining treatment (POLST)
a legal document that expresses a patient’s wishes for end-of-life care in the form of a physician’s orders, which must be honored by all health care providers.
Do not resuscitate (DNR) order
a physician’s order that specifies what resuscitative care may and may not be provided to a patient.
Dependent lividity
discoloration of the tissues after death caused by pooling of blood from the effects of gravity. Also called Livor mortis.
Rigor mortis
temporary muscular rigidity occurring after death, the onset of which may be affected by preexisting metabolic as well as environmental conditions.
Plaintiff
the party who brings a civil action against someone else.
Defendant
the person against whom a legal action is brought.
Duty to act
the legal obligation to provide emergency medical services while on shift.
Standard of care
the degree of attention and caution that would be exercised by a reasonable person with the same training and in the same circumstances.
Breach of duty
failure to fulfill one’s professional obligations.
malfeasance
performing an improper act that causes injury.
misfeasance
performing a legitimate act in a manner that causes injury.
nonfeasance
failure to perform an act that one is obligated to perform; wrongdoing by omission.
Res ipsa loquitur
a latin term used legally to mean “the thing speaks for itself;: being self-evident.
Gross negligence
injury caused by a provider’s disregard for the well-being of others
Proximate cause
an act or omission of an act that is the cause of injury; an event without which the injury would not have occurred.
Defamation
injuring another person in reputation or occupation through the malicious communication of false information.
Slander
spoken communication that defames another person
Libel
defamation through a written document.
Good Samaritan Laws
laws intended to protect those who volunteer assistance in an emergency against claims of negligence. Qualifiers: provide reasonable care (don’t get crazy), stay within scope of practice.
Governmental immunity
statutory prohibition of legal action against government agencies.
Statute of limitations
a law defining elapsed periods of time after which legal action cannot be pursued.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
gives employees in certain situations the right to pay premiums for and keep the group health insurance that they would otherwise lose after they reduce work hours or quit or lose jobs.
