Exam 2 Study Guide Flashcards
When a law is violated, the government imposes a/an
Penalty
What types of laws deals with the relationship between individuals and the government?
Public
The Department of Health and Human Services is
A cabinet-level department of the executive branch of the federal government
Executive branch of government
Enforce and administer laws
Legislative branch of government
Enact laws
Judicial branch of government
Adjudicate the laws
What are the forms of negligence?
Malfeasance, misfeasance, nonfeasance
The infringement on the mental security or tranquility of another person is
Assault
The violation of another person’s physical integrity is
Battery
The unlawful restraint of an individual’s personal liberty or the unlawful restraint or confinement of an individual
False imprisonment
A false oral or written communication to someone other than the individual defamed that subjects that individual’s reputation to scorn and ridicule.
Defamation of character
EMTALA
ED cannot “pump” patients
Patient Self-Determination Act
Ensures patients are informed of their rights to execute advanced directives and accept/refuse medical care
HIPAA
Patient information security
An organization’s code of ethics
Help carry out an organization’s mission, vision, and values
It is unethical for health care organizations to
Advertise misleading information
Respondeat superior
(Let the master respond) Holds employers liable, in certain cases, for the wrongful acts of their agents
Employees should report what type of practices?
Practices that breach ethical conduct
Consent is preferably
written agreement authorizing treatment
Case law has developed in such a way that any person, regardless of religious beliefs,
has a right to refuse medical treatment
If a patient is unable to make decisions by reason of age or incapacity, a patient-appointed decision maker may “substitute his or her judgement” on behalf of the patient. Before declaring an individual incapacitated, the attending physician must find
with a reasonable degree of medical certainty that the patient lacks capacity
Abuse can be
Physical, psychological, medical, or financial
Abuse is not always easy to identify because injuries often can be attributed to
other causes
Caregivers who suspect resident abuse are expected to
All of the above (report, document, define, and ensure follow-up)
An abused child is one who has suffered
All of the above (mental harm, emotional abuse, sexual abuse, physical injury)
The various states have enacted various child abuse statutes to
require good-faith reporting
