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Chapter 5 Legal And Ethical Responsibilities > Key Terms  > Flashcards

Key Terms  Flashcards

1
Q

Legal

A

Authorized or based on law

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2
Q

Criminal law

A

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

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3
Q

Civil law

A

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

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4
Q

Tort

A

A wrongful act that does not involve a contract

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5
Q

The three common torts include

A

Malpractice
Negligence
Assault and battery

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6
Q

Malpractice

A

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

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7
Q

Negligence

A

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

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8
Q

Assault and battery

A

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

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9
Q

Informed consent

A

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

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10
Q

Invasion of privacy

A

Revealing personal information about an individual without their consent

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11
Q

False imprisonment

A

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

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12
Q

Abuse

A

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

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13
Q

Example of abuse

A

Physical, verbal, psychological, and sexual abuse

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14
Q

Defamation

A

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

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15
Q

Slander

A

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

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16
Q

Libel

A

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

17
Q

Contract

A

An agreement between two or more parties

18
Q

Most contacts have three parts.

A

Offer
Acceptance
Consideration

19
Q

Implied contents

A

Those obligations that are understood without verbally expressed terms

20
Q

Expressed contracts

A

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

21
Q

Legal disability

A

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)

22
Q

Agent

A

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

23
Q

Privileged communications

A

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

24
Q

Health care records

A

Records contain information about the care provided to the patient

25
Q

Health Insurance Portability and Accountability Act (HIPAA)

A

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

26
Q

Scope of practice

A

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

27
Q

Ethics

A

Set of principles relating to what is morally right or wrong

28
Q

Ethical dilemmas include:

A

—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

29
Q

Ethical dilemmas include:

A

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

30
Q

Confidentiality

A

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

31
Q

patients’ rights

A

Factors of care that all patients can expect to receive

32
Q

Omnibus Budget Reconciliation Act (OBRA) of 1987

A

Federal law that regulates the education and testing of nursing assistants

33
Q

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

A

Living wills

34
Q

Advance directives

A

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

35
Q

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

A

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

Chapter 5 Legal And Ethical Responsibilities (1 decks)

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