Health Science Flashcards
Criminal Law
Focuses on wrongs against a person, property, or society
Civil Law
focuses on legal relationships between people and the protection of a person’s rights
Torts
wrongful acts that do not involve contracts
Malpractice
the failure of a professional to use the degree of skill and learning commonly expected in that profession, resulting in injury, loss, or damage to the person receiving care. (Bad practice)
Negligence
failure to give care that is normally expected of a person in a particular position, resulting in injury to another person.
Assault
A threat or attempt to injure
Battery
The unlawful touching of another person without consent (invasive procedures)
To avoid charges of battery, before performing a procedure on a patient you must obtain
informed consent
Informed consent
permission granted voluntarily by a person who is of sound mind after the procedure and all risks have been explained in terms the patient can understand
Invasion of privacy
unnecessarily exposing an individual or revealing personal information without that person’s consent
False Imprisonment
restraining an individual or restricting her freedom
Abuse
any care that results in physical pain, harm, or mental anguish
Defamation
False info. that hurts a person’s reputation
Libel
Written
Slander
Spoken
Offer
a competent person enters into a relationship w/ a healthcare provider and OFFERS to be a patient
Acceptance
the healthcare provider gives an appointment and treats the patient
Consideration
the payment made by the patient for the services provided
C= cash
Implied contracts
Obligations that are understood without written or verbally expressed terms (Prescribes medicine, takes medicine)
Expressed contracts
stated in distinct and clear language (verbally or in writing)
Breached
if a contract is not performed according to the agreement
Who can not enter a legal contract?
- a person who has a legal disability
- mentally incompetent people
- semiconscious or unconscious people
- people under the influence of drugs
Liability for a Breached Contract
Agent: a person working under someone’s supervision
Principal: Employer
Privileged Communication
All information is given to healthcare personnel by a patient. By law, must be kept confidential.
Exemption from Privileged Communication Rules
- Births and deaths
- Injuries caused by violence that may require police involvement
- Drug abuse
- Communicable diseases
- STD’s `
Health Insurance Portability and Accountability Act of 1996 (HIPPA)
Federal guidelines established by the Department of Health and Human Services.
1. Privacy Rule: Regulates use and sharing of individually identifiable health care information
2. Security Rule: mandates safeguards to maintain the privacy of electronic health care info.
THIS APPLIES TO: health insurance companies, billing companies, and
health care providers.
Breaking HIPPA rules means criminal penalties*
Patient’s Bill of Right
- considerate and respectful care
- obtain complete and current information concerning diagnosis, treatment, and prognosis
- Receive info. necessary to give informed consent
- refuse treatment to the extent of the law
- confidentiality
- reasonable response
- obtain info regarding the relationship of the hospital to other institutions
- right to refuse to participate in research projects
- expect reasonable continuity of care
- be allowed to review medical bills
- be informed of hospital rules and methods available to resolve grievances
Ethics
A set of principles relating to what is morally right or wrong
OBRA
residents in long-term care facilities are guaranteed rights under the OBRA: the purpose is to improve the quality of care and safety of nursing home residents
Advanced Directives
legal documents that allow you to spell out your wishes about the end of life care ahead of time.
Living Will
document that allows an individual to state what measures should or should not be taken to prolong life when conditions are terminal (CPR, Feeding tube, ventilator)
Durable Power of Attorney (POA)
A document that permits an individual to ask another person to make any decisions regarding health care
DNR
No life-saving measures, no CPR
Advanced (Legal) Directives
Legal document that allows people to state what medical treatment they do or do not want in the event they become incapacitated and unable to express their wishes
Two main directives
- Living wills
- Durable Power of Attorney or POA
Living Will
documents that allow individuals to state what measures should or should not be taken to prolong their life when their condition is terminal
- must be signed when a person is competent and witnessed by 2 people who cannot benefit from the death
- frequently results in DNR
Advanced directive, health care directive, physician’s directive
A legal document that a person uses to make known her wishes regarding life-prolonging medical treatments, confused with living trust
Requirements for living will
should indicate which treatments you do or do not want to be applied in the event you suffer from terminal illness
not effective until you become incapacitated
living will: continued
require proof from a doctor as well as another doctor, that you are suffering from a terminal illness
A living will is only used when your ultimate recovery is hopeless
Power of Attorney
Allows you to appoint a person to handle your affairs when you can’t
Health care power of attorney: when you are incapacitated and not able to speak for yourself
Known as health care proxy
Gives another person the authority to make decisions concerning health care
Patient Self-Determination Act (PSDA)
Federal law that establishes requirements of healthcare facilities.
- inform every adult of their rights
-assist in preparing advanced directives
- affirm no discrimination
-educate on advanced directives
