Key Terms 

Question 1

Legal

Answer 1

Authorized or based on law

Question 2

Criminal law

Answer 2

Focuses on a behavior known as crime; deals with the wrongs against a person, property, or society

Question 3

Civil law

Answer 3

Focuses on the legal relationships between people and the protection of a person’s right

Question 4

Tort

Answer 4

A wrongful act that does not involve a contract

Question 5

The three common torts include

Answer 5

Malpractice
Negligence
Assault and battery

Question 6

Malpractice

Answer 6

Failure to use the degree of skill and learning expected of a profession, resulting in injury, loss, or damage to patient

Question 7

Negligence

Answer 7

Failure to give care that is normally expected
, resulting in injury to another person

Question 8

Assault and battery

Answer 8

Assault includes a threat or attempts to injure, a battery includes the unlawful of another person without consent

Question 9

Informed consent

Answer 9

Permission is granted voluntarily by a person who is of sound mind and who has been instructed, in terms the person can understand, about all the risks involved

Question 10

Invasion of privacy

Answer 10

Revealing personal information about an individual without their consent

Question 11

False imprisonment

Answer 11

Restraining an individual or restricting an individual’s freedom without authorization

Question 12

Abuse

Answer 12

Any care that results in physical harm, pain, or mental anguish

Question 13

Example of abuse

Answer 13

Physical, verbal, psychological, and sexual abuse

Question 14

Defamation

Answer 14

Occurs when false statements either a person to be ridiculed or damage the persons reputation

Question 15

Slander

Answer 15

Spoken comment that causes a person ridicule or contempt or damages the person’s reputation

Question 16

Libel

Answer 16

A false written statement that causes a person ridicule or contempt or causes damage to the person’s reputation

Question 17

Contract

Answer 17

An agreement between two or more parties

Question 18

Most contacts have three parts.

Answer 18

Offer
Acceptance
Consideration

Question 19

Implied contents

Answer 19

Those obligations that are understood without verbally expressed terms

Question 20

Expressed contracts

Answer 20

Stated in distinct and clear language, either orally or in writing

Question 21

Legal disability

Answer 21

A condition in which a person does not have legal capacity and is therefore unable to enter into a legal agreement (for example, as is the case with a minor)

Question 22

Agent

Answer 22

Someone who has the power or authority to act as the representative of another

Question 23

Privileged communications

Answer 23

All personal information given to health personnel by a patient; must be kept confidential

Question 24

Health care records

Answer 24

Records contain information about the care provided to the patient

Question 25

Health Insurance Portability and Accountability Act (HIPAA)

Answer 25

Set of federal regulations adopted to protect the confidentiality of patient information and the ability to retain health insurance coverage

Question 26

Scope of practice

Answer 26

The procedures, processes and actions that health care providers are legally permitted to perform in keeping with the terms of their professional license

Question 27

Ethics

Answer 27

Set of principles relating to what is morally right or wrong

Question 28

Ethical dilemmas include:

Answer 28

—Euthanasia —Confidentiality of AIDS diagnosis — Continuing life support —Religious right to refuse a lifesaving blood transfusion __Expensive treatments for patients who can't pay __Transplant decisions

Question 29

Ethical dilemmas include:

Answer 29

Legal issues with medical marijuana use - Animals and research - Genetic research - Cloning - Stem cell research

Question 30

Confidentiality

Answer 30

Information about the patient must remain private and can be shared only with other members of the health care team

Question 31

patients' rights

Answer 31

Factors of care that all patients can expect to receive

Question 32

Omnibus Budget Reconciliation Act (OBRA) of 1987

Answer 32

Federal law that regulates the education and testing of nursing assistants

Question 33

Documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal

Answer 33

Living wills

Question 34

Advance directives

Answer 34

Also known as legal directives; legal documents created to indicate a person's wishes regarding care in the event that incapacitation prevents their expression

Question 35

Designation of Health Care Surrogate or a Durable Power of Attorney (POA) for Health Care

Answer 35

A legal document that permits an individual (principal) to appoint another person (agent) to make any decisions regarding health care if the principal becomes unable to make decisions