Law and Ethics Flashcards
What does knowledge of medical law and ethics provide insight into?
The rights, responsibilities, and concerns of health care counselors
It also includes legal and ethical issues facing society, patients, and health care professionals, as well as the impact of rising costs on health care delivery.
Define law in the context of health care.
A rule of conduction or action enacted by the government to maintain order and public safety.
What are the two main categories of law that pertain to health care practitioners?
- Criminal law
- Civil law
What is ethics?
A standard of behavior based on moral values shaped by family, culture, and society.
What does criminal law involve?
Crimes against the state, classified as either a felony or misdemeanor.
Name three examples of criminal acts.
- Murder
- Arson
- Rape
What does civil law involve?
Crimes against the person, including torts.
What are the two types of torts?
- Intentional (willful)
- Unintentional (accidental)
Define intentional tort.
An action taken to deliberately cause harm to another person.
What is assault in terms of intentional torts?
To cause another person to feel threatened.
What constitutes battery?
An action that causes bodily harm to another, including touching without permission.
What is negligence?
Actions committed without intent to cause harm but with disregard for consequences.
What is malpractice?
Negligent delivery of professional services.
What are the four elements required to sue for malpractice?
- Damages
- Derelict
- Duty
- Direct cause
What does the term ‘respondeat superior’ mean?
Let the master answer; physicians are liable for the negligence of their employees.
What is abandonment in the context of patient care?
When a doctor fails to provide care to a patient who is seeking it.
What must a physician do to terminate patient care legally?
Write a letter and communicate with the patient, using certified mail.
List three common medical mistakes.
- Treating the wrong patient
- Wrong dosages of medication
- Leaving tools inside a patient after surgery
What are some reasons for terminating patient care?
- Refusal to follow instructions
- Personality conflicts
- Failure to pay for services
What are the rights of a physician in a patient-physician contract?
- Set up practice within licensing boundaries
- Select office location
- Specialize in certain fields
What are the responsibilities of a physician?
- Use due care, skill, judgment, and diligence
- Keep knowledge up-to-date
- Perform to the best of their ability
What does informed consent entail?
Patients receive all necessary information to make a decision regarding treatment.
What is the purpose of arbitration?
To resolve disputes with the help of knowledgeable individuals in the field.
What is a subpoena duces tecum?
A court order to produce documents, such as patient records.
