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CATA 263 > lecture 3: legal liabilites > Flashcards

lecture 3: legal liabilites Flashcards

1
Q

what are 2 MAJOR responsibilities of all HCP

A

Prevention of injuries and reducing further injuries or harm are MAJOR responsibilities of all HCPs

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2
Q

true or false: accidents never happen at the hgihest level of care?

A

false, they can still happen

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3
Q

what law are accidents in HCP usually tried under

A

TORT law

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4
Q

what is the def of criminal law

A

Criminal law is used to punish and deter defendants

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5
Q

what is the definition of tort law

A

to compensate victims of certain actions or inactions based on the breach of a legal duty that caused damages.

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6
Q

give an example of protection under tort law

A

ex: accidentally hitting someone but you are not at fault, they are protected under tort law and are compensated

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7
Q

what is an act of omission

A

individual fails to perform a legal duty

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8
Q

what is an act of commission

A

individual commits an act that is not one’s act to perform, or an act that is one’s to perform but that is carried out with the wrong procedure, leading to harm or injury

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9
Q

what is standard of care

A

measured by what another minimally competent individual educated and practicing that profession would have done in the same of similar circumstance to protect an individual from harm or further harm

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10
Q

do we look at standard of care and scope of care in act of omission or comission

A

comission

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11
Q

can you ever be under the standard of care even as a new medical porfessionsl?

A

no ,

standard is the minimum you are required to do

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12
Q

what is the scope of care/practuce

A

outline the role and responsibilities of an individual in that profession and what should be learned in the professional preparation of that individual

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13
Q

true or false: you can sometimes be doing something outside your scope of practice

A

false, it is what determines what you are allowed and not allowed to do

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14
Q

non fesance is associated to act of omission or comission

A

ommition

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15
Q

what are the 3 negligent torts

A

act of omission
act of comittion
gross negligence

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16
Q

what is a definition of malfesarcne and example

A

commits act they are not responsible to perform

dentist doing heart surgery

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17
Q

what is def and example of misfeasance

A

commits act that is theirs to perform but either uses the wrong procedure or does the correct procedure in an improper manner

chiro decides to do a new/untested method on patient instead of following the correct procesude

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18
Q

give an def and example of nonfeasance

A

fails to perform a legal duty of care

ex: do not take out the tumour when you said you would

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19
Q

what is def of malpracuce and example

A

when an individual performs a negligent act while providing care

When a doctor misdiagnoses a patient and the patient dies, this is an example of malpractice

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20
Q

what is the defintion and example of gross neglicence

A

total disregard for the safety of others

cracking a chest open because youve seen it on tv even though you are not qualified

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21
Q

what are the.4 requirements to finding an idividual liable

A

There was a duty of care

There was a breach of that duty

There was harm

The resulting harm was a direct cause from that breach of duty.

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22
Q

explain failiure to warm

A

Make sure the athletes are informed of potential risks of injury while participating in their sport

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23
Q

how and when are warnings usually communicated

A

pre-season meetings; verbally or in the written form.

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24
Q

warning is particularly important for novice or advanced atheltes and why

A

Particularly important for novice athletes who may not have the same understanding as a more advanced athlete.

25
Q

what is foreseability of har

A

Remove danger before it occurs.

Prevent any unsafe situations.

26
Q

give an exmaple of foreaability of harm

A

making sure that a hockey net is secured before a game to make sure no one gets injured by it

27
Q

explain infromed consent in a clinical setting

A

An injured athlete should be informed of:
all possible treatment options
the advantages
The disadvantage

28
Q

what can happen if you do something with failure to obtain informed consent

A

charged with battery

29
Q

what is the defintion of battery

A

Unpermitted or intentional contact with someone without their permission.

30
Q

give an example of informed consent (clinical)

A

someone has an ACL tear and you discuss all possible ttreatment options (pros and cons)

31
Q

what is the main difference between expressed consent and implied xonsent

A

expressed is vocally or written consent while implied is assumed that there would be consent if it could be communicated

32
Q

what is the defintion of expressed cnsent and give an exmample

A

communicated either verbally or in written form.

ex: someone has a broken leg on the field and tells you that you can treat it

33
Q

what is the definition of implied consent and example

A

Implied consent happens when the rescuer is unable to communicate with the victim.

the victim is unconscious, but may also be a result of intoxication, language barriers, mental disorder, or age. With implied consent, there is an assumption that the victim would ask for help if he or she could.

ex: someone cannoy speak english but is choking and failing their arms for help

34
Q

true or false: If a victim is not impaired, a rescuer must not receive expressed consent before physically touching a victim.

A

false, tthey must

35
Q

true or false: expressed consent is only imporatn for medical professionsals

A

false, its also important for people like lifeguards, dswim coaches etc

36
Q

true or false: if victim is not able to provide expressed consent, the rescuer may rely on im[plied consent

A

true

37
Q

Refusing help: should you ever put yourself in harms way to provide help for someone who wont take it

A

no never

38
Q

what are 4 reasons someone may be rufseing help

A

religious beliefs
cultural differences
avoidance of additional pain/ discomfort
desire to be treated by another medical professional.

39
Q

what is implied libiablity in terms of produce liability

A

manufacturers duties

: create objects that are safe to use and that will no create injuries to the user.

40
Q

what is expressed liability in terms of product loability

A

written guarantee that the product is safe to use.

41
Q

what is strict liability in terms of product liability

A

the manufacturer is responsible in the case of defective or hazardous equipment.

42
Q

what do you think oculd alter/negate the product liability

A

modify equipment or misuse the equipement. Ex: mouthguards cutting.

43
Q

what is nocsae cetfication

A

NOCSAE: National Operating Committee on Standards for Athletic Equipment has established minimum standards for a product to be safe to use.

44
Q

can a helmet that has been recondition still be used to play

A

yes as long as the reconditioned version meets nocsae standards

45
Q

true or false: there are circumstances where confientiablity and privacy are not a right

A

false, people are always entitled to privcy

46
Q

what iare the rules for consent if there is a minor. (under 18)

A

must obtain consent from parent or guardian

47
Q

explain assumption risk

A

some adherent risk to activated

there is an assumption of risk form that is commo nto use

48
Q

what is the [urpose of an assumption of risk form

A

declares that you are aware of risk beofre participating so compoant is not liable

49
Q

what were good samirant laws develeoped for

A

Developed to encourage bystanders to help in emergency situation

50
Q

what are the rules under good samirant laws

A

acts in good faith to help the victim,
Act without expected compensation
not guilty of malicious misconduct or gross negligence (followed acceptable first aid protocol)

51
Q

true or false: you can NEVER be guilty under good samirant laws

A

false, you must be folowwing acceptable first aid protocol and then you wont be guilty

52
Q

when is comparative negligence used

A

when Many people may be brought to court (i.e. physicians, surgeons, ATs, supervisors and emergency personnel)

53
Q

expalin comparative negligence

A

Relative degree of negligence on part of the plaintiff and defendant
Damages awarded on a basis proportionate to each person’s carelessness

54
Q

Recognize the potential for injury, and remove that danger before an injury occurs is an exmaple of

A

forseability of harm

55
Q

Involved party has been reasonably informed

is an example of

A

informed consent

56
Q

Participants are not informed of potential risks during participation is an example of

A

failure to warn

57
Q

right to privacy is an example of

A

confidentiality

58
Q

Exemption is when leaving them there can increase risk of further injury to themselves or others is an example of

A

refusing help

59
Q

have a duty of care to design, manufacture and package safe equipment that will not cause injury to a person when the equipment is used properly is an example of

A

product liability

CATA 263 (17 decks)

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