Law & Ethics Flashcards
Civil Law
When an individual has had his or her rights violated or when individuals have disputes with other individuals or organizations
Criminal Law
Conducted through the criminal court system when someone breaks the law or fails to perform an act required by law
Felony
A serious crime punishable by prison or sometimes death
Misdemeanor
a minor crime punishable by a fine or <1 year jail time
Tort
Actions that cause injury to another, resulting in legal liability for the person who commits the act
Assault
Intentional attempt or threat to harm a person
Battery
Intentionally causing harm or offensive contact with another’s person without that person’s consent
Defamation
A statement that harms a person’s reputation, exposes a person to public hatred, contempt or ridicule, or injures their business or profession
Libel
Written defamation
Slander
Spoken defamation
Informed Consent
Process in which a health care provider educates a patient about the risks, benefits, and alternatives of a given procedure (also refers to the document one signs to give their consent)
Consent
Permission
Implied Consent
Type of consent in which a patient who is unable to give consent is given treatment under the legal assumption that he or she would want treatment.
Expressed Consent
Oral or written agreement
Emancipated Minor
Person who is not 18 but has the same legal rights as an adult
Negligence
Failure to behave reasonably causing another to be injured as a result
Scope of Practice
Outlines the care you are legally able to provide for the patient
Malpractice
Profesional negligence
Expert Witness
A person who is permitted to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case
Patient Abandonment
Terminating the relationship with the patient without giving reasonable notice or providing a competent replacement, resulting in a lack of necessary medical care
Good-Samaritan Act
Protects individuals, including off-duty healthcare professionals, from liability of any civil damages as a result of rendering emergency care
Statute of Limitations
A law that requires that a legal action must begin within a specified period of time (2 years for medical malpractice)
Patient Self-Determination Act
A federal law that mandates that every individual has the right to make decisions regarding medical care, including the right to refuse treatment and the right-to-die
Advance Directive
Any legal document that addresses your future medical care
