Law and Ethics

Question 1

What are the types of torts and their definitions?

Answer 1

Malpractice: failing to meet scope of practice reqs

Negligence: failing to give level of expected care

Abuse: (can be physical, verbal, psychological, or sexual)

Assault & Battery: threating/causing harm or touching w/o consent

Informed Consent Infringements: exposing patient (invasion of privacy) or restraining w/o proper authority/justification (false imprisonment)

Defamation: hurting someone’s reputation through spoken words (slander) or writing (libel)

MNEMONIC:
“tort” -> “tart”… picture a MAID with a tray of steaming tarts

Question 2

What are the three parts of a contract?

Answer 2

OFFER (informed consent explained)
->
ACCEPTANCE (all parties agree)
->
CONSIDERATION (all parties follow through)

Question 3

What are the possible roles of the parties OFFERING the contract?

Answer 3

Principal: (employer/person giving directive)

Agent: (employee/person following orders)

Question 4

What does “privileged communications” mean?

Answer 4

information given from a person to another party (i.e. patient to a provider) remains confidentential and “belongs” to the person

Question 5

When did the Privacy Rule go into effect, and what main two changes did it make?

Answer 5

Went into effect in 2003…

and

1. requires informed consent form for usage of information
2. requires “Authorization of Release of Information” form for disclosure of info to other parties

Question 6

What main four legal acts have contributed to patients’ rights, when were they passed. and what topics do they cover?

Answer 6

Consumer Bill of Rights and Responsibilites (1998): patients right to care

Resident’s Bill of Rights (1987, under OBRA): LTF residents’ rights

PPACA/ACA (2010): coverage rights

Patient Self-Determination Act (1990): protects advance directives

Question 7

What is an advance directive?

Answer 7

document that gives consent (the “go-to”) to the treatments given

Question 8

What does a living will state?

Answer 8

in circumstances where the patient can’t give consent, states whether or not to resuscitate (DNR/CPR)

Question 9

What does a Durable Power of Attorney (POA) do?

Answer 9

allows another party to represent the patient in medical decisions