Legal Flashcards
Laws provide _____ for employers, employees and patients.
protection
Responsibilities that are authorized or based on law.
Legal Responsibilities
Deals with wrongs against a person, property or society.
Criminal Law
Examples:
Practicing without required license
Misuse of narcotics/drugs
Theft
Murder
Criminal Law
Deals with legal relationships between people and protection of a person’s rights.
Civil Law
A wrongful act, called a civil wrong instead of a crime.
Tort
Occurs when a person is harmed or injured because a health care provider does not meet the standards of care.
Tort
Malpractice
Negligence
Assault and Battery
Invasion of Privacy
False Imprisonment
Abuse
Defamation
Types of Tort
Providing improper or unprofessional treatment or care to a patient that results in injury or death to the patient.
Malpractice
Failure to provide care that results in injury to the patient.
Negligence
threat or attempt to injure
Assault
unlawful touch of another without their consent
Battery
Unnecessary exposure of an individual or revealing personal information about an individual without consent
Invasion of Privacy
Restraining a patient or restricting their freedom
False Imprisonment
Any care that results in physical harm, pain, or mental anguish
Abuse
Types of abuse
Physical, Verbal, Psychological, Sexual, Domestic, Child, Elder
False statements which may damage a person’s reputation
Defamation
Slander and Libel
Types of Defamation
Spoken false statements which may damage a person’s reputation
Slander
Written false statements which may damage a person’s reputation
Libel
a process of communication between a patient and physician that results in the patient’s authorization or agreement to undergo a specific medical intervention.
Consent
Procedures requiring written consent
Surgery
Invasive diagnostic tests
Experimental treatments
Treatment of minors
All information given to health personnel by a patient
privileged communication
patient information can only be discussed with…
members of their healthcare team
HIPAA
Health Insurance Portability & Accountability Act of 1996
Information Exempt from Privileged Communication Standard
Births & deaths
Injuries caused by violence requiring police intervention (assault & battery, abuse, stabbings)
Drug abuse
Communicable diseases and STD’s
Who do health care records belong to?
health care provider
to correct a mistake in a health care record…
Cross out errors with one single
line through the information and insert correct information, initial and date
Requiring passwords to access specific information on records helps to
maintain confidentiality of electronic health records