lecture 3: legal liabilites Flashcards
what are 2 MAJOR responsibilities of all HCP
Prevention of injuries and reducing further injuries or harm are MAJOR responsibilities of all HCPs
true or false: accidents never happen at the hgihest level of care?
false, they can still happen
what law are accidents in HCP usually tried under
TORT law
what is the def of criminal law
Criminal law is used to punish and deter defendants
what is the definition of tort law
to compensate victims of certain actions or inactions based on the breach of a legal duty that caused damages.
give an example of protection under tort law
ex: accidentally hitting someone but you are not at fault, they are protected under tort law and are compensated
what is an act of omission
individual fails to perform a legal duty
what is an act of commission
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
what is standard of care
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
do we look at standard of care and scope of care in act of omission or comission
comission
can you ever be under the standard of care even as a new medical porfessionsl?
no ,
standard is the minimum you are required to do
what is the scope of care/practuce
outline the role and responsibilities of an individual in that profession and what should be learned in the professional preparation of that individual
true or false: you can sometimes be doing something outside your scope of practice
false, it is what determines what you are allowed and not allowed to do
non fesance is associated to act of omission or comission
ommition
what are the 3 negligent torts
act of omission
act of comittion
gross negligence
what is a definition of malfesarcne and example
commits act they are not responsible to perform
dentist doing heart surgery
what is def and example of misfeasance
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
give an def and example of nonfeasance
fails to perform a legal duty of care
ex: do not take out the tumour when you said you would
what is def of malpracuce and example
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
what is the defintion and example of gross neglicence
total disregard for the safety of others
cracking a chest open because youve seen it on tv even though you are not qualified
what are the.4 requirements to finding an idividual liable
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.
explain failiure to warm
Make sure the athletes are informed of potential risks of injury while participating in their sport
how and when are warnings usually communicated
pre-season meetings; verbally or in the written form.
warning is particularly important for novice or advanced atheltes and why
Particularly important for novice athletes who may not have the same understanding as a more advanced athlete.
what is foreseability of har
Remove danger before it occurs.
Prevent any unsafe situations.
give an exmaple of foreaability of harm
making sure that a hockey net is secured before a game to make sure no one gets injured by it
explain infromed consent in a clinical setting
An injured athlete should be informed of:
all possible treatment options
the advantages
The disadvantage
what can happen if you do something with failure to obtain informed consent
charged with battery
what is the defintion of battery
Unpermitted or intentional contact with someone without their permission.
give an example of informed consent (clinical)
someone has an ACL tear and you discuss all possible ttreatment options (pros and cons)
what is the main difference between expressed consent and implied xonsent
expressed is vocally or written consent while implied is assumed that there would be consent if it could be communicated
what is the defintion of expressed cnsent and give an exmample
communicated either verbally or in written form.
ex: someone has a broken leg on the field and tells you that you can treat it
what is the definition of implied consent and example
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
true or false: If a victim is not impaired, a rescuer must not receive expressed consent before physically touching a victim.
false, tthey must
true or false: expressed consent is only imporatn for medical professionsals
false, its also important for people like lifeguards, dswim coaches etc
true or false: if victim is not able to provide expressed consent, the rescuer may rely on im[plied consent
true
Refusing help: should you ever put yourself in harms way to provide help for someone who wont take it
no never
what are 4 reasons someone may be rufseing help
religious beliefs
cultural differences
avoidance of additional pain/ discomfort
desire to be treated by another medical professional.
what is implied libiablity in terms of produce liability
manufacturers duties
: create objects that are safe to use and that will no create injuries to the user.
what is expressed liability in terms of product loability
written guarantee that the product is safe to use.
what is strict liability in terms of product liability
the manufacturer is responsible in the case of defective or hazardous equipment.
what do you think oculd alter/negate the product liability
modify equipment or misuse the equipement. Ex: mouthguards cutting.
what is nocsae cetfication
NOCSAE: National Operating Committee on Standards for Athletic Equipment has established minimum standards for a product to be safe to use.
can a helmet that has been recondition still be used to play
yes as long as the reconditioned version meets nocsae standards
true or false: there are circumstances where confientiablity and privacy are not a right
false, people are always entitled to privcy
what iare the rules for consent if there is a minor. (under 18)
must obtain consent from parent or guardian
explain assumption risk
some adherent risk to activated
there is an assumption of risk form that is commo nto use
what is the [urpose of an assumption of risk form
declares that you are aware of risk beofre participating so compoant is not liable
what were good samirant laws develeoped for
Developed to encourage bystanders to help in emergency situation
what are the rules under good samirant laws
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)
true or false: you can NEVER be guilty under good samirant laws
false, you must be folowwing acceptable first aid protocol and then you wont be guilty
when is comparative negligence used
when Many people may be brought to court (i.e. physicians, surgeons, ATs, supervisors and emergency personnel)
expalin comparative negligence
Relative degree of negligence on part of the plaintiff and defendant
Damages awarded on a basis proportionate to each person’s carelessness
Recognize the potential for injury, and remove that danger before an injury occurs is an exmaple of
forseability of harm
Involved party has been reasonably informed
is an example of
informed consent
Participants are not informed of potential risks during participation is an example of
failure to warn
right to privacy is an example of
confidentiality
Exemption is when leaving them there can increase risk of further injury to themselves or others is an example of
refusing help
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
product liability
