Law & Ethics Flashcards
What is a Law?
A set of rules governing conduct and action that are enforced by recognized authority.
What are the 2 main areas of law?
Criminal- committed against society, an individual, or property. A fine or inprisonment can occur. Charges brought by government.
Civil- committed against an individual or property. Compensation is sought. Charges brought by individual.
What are the 3 most common types of Civil Law?
Tort- accidental/intentional harm to person or property.
Contract Law- dealing with the rights and obligations of enforceable promises.
Administrative Law- dealing with the requirements and standards of governmental agencies
4 D’s of Malpractice.
- Duty- patient and physician relationship was established.
- Dereliction- The professional neglected a professional obligation to act or acted improperly.
- Direct Cause- A negative outcome resulted directly from the professional’s actions or failure to act.
- Damages- The patient sustained harm from the negligent act.
What is Negligence?
A common tort and is defined as failure to exercise the standard of care that is reasonable.
The 4 forms of Negligence are:
- Nonfeasance- failure to act when duty is indicated.
- Misfeasance- improper performance of an act.
- Malfeasance- performance of an improper act.
- Malpractice- failure to act or improper performance of an act or performance of an improper act by a professional.
What is a Contract?
And obligation resulting from an agreement between two or more parties.
2 types of contracts:
Expressed- written or verbal and describing what each contractual party will do.
Implied- deduced by the actions of the contracting parties.
Consent?
For medical care consent is a voluntary permission given by a competent adult or legal agent of the patient.
Consents may also be expressed or implied except in life threatening emergencies, consent must be informed.
Informed consent
Requires the physician or an appropriately trained caregiver to explain the information necessary for the patient to make an educated decision regarding the procedure.
Advance directives
Special documents signed by the patient, witnessed and usually notarized that state the patient’s wishes for medical decisions should the patient become incapable of making the decisions for him self or herself.
Living will.
Medical power of attorney.
Designated anatomic donor.
Covert account
Patient account that allows multiple payments and transactions
What are Ethics?
Moral principles, values and duties
HIPAA
Health Insurance Portability and Accountability Act.
This outlines what is considered confidential information and does not release any private information without permission from the patient
Bioethics
Moral issues dealing with biologic studies research, procedures, policies and decisions such as reproduction, genetics, death and dying, transplants and resource allocation.
