Legal Flashcards
what is the EMTLA?
emergency and medical treatment act) requires healthcare facilities to provide emergency medical treatment to patients (even those in labor) who seek healthcare in the emergency dept. regardless of their ability to pay, legal status or citizenship.
what is the exception to EMTALA?
when a hospital does not have the capability to stabilize a pt. or when a pt. requests a transfer
what are the three reasons HIPAA exists?
- protect health insurance benefits for workers who lose or change their jobs
- protect coverage to persons with preexisting medical conditions
- establish standards to protect the privacy of personal health information
what does HIPAA allow pts. to do?
to see, make corrections to and obtain copies of their medical records
what are the two important aspects of mandatory reporting?
- protect people who cannot protect themselves
- protect society against the spread of communicable diseases
what is more important than HIPAA?
the duty to report neglect and abuse
what are good samaritan laws for?
designed to protect from liability those who provide emergency care to someone who is in need of medical services
what is the process of disciplinary action?
- complaint
-investigator determines validity
-case heard by the board of nurses
-punishment decided (can appeal)
-right to a lawyer at every step
to have a successful good samaritan defense what 5 elements must be present?
- care was provided
- person giving care did not cause the emergency
- care was in a reasonably competent manner
- care was voluntary
- pt. did not object to receiving care
in a disciplinary action the Board of nursing must provide you with what 3 things?
- notice
- evidence
- a hearing
define libel
the written or published form of defamation of character
define slander
the spoken or verbal form of defamation of character
what are the 4 essential elements of defamation of character?
-false
-was made to another person
-caused the defamed person to experience shame and had a negative impact on reputation
-was made as a statement of fact rather than of opinion
what are quasi-intentional torts?
involve actions that injure a person’s reputation
an assault is defined as what two things together?
a combination of words and action causes the pt. to believe a threat will be carried out
what is battery?
- an offensive or harmful physical contact is made to the pt. with out their consent
- there is unauthorized touching of a person’s body by another person
what is assault and battery?
occurs when there is the intent to cause a person fear combined with an offensive or harmful contact
what is false imprisonment?
the restraining of a person without proper legal authorization. unjustified restriction
what does invasion of privacy violate?
violates a person’s right to be left alone
what does invasion of privacy protect?
private info
not to be falsely portayed
free from unwanted intrusion
what is an example of privacy violation?
discussing pts. in public places like elevators, cafeterias, photos w/o permission
malpractice is an _____________ tort
unintentional tort
define malpractice
failure of a professional person to act in a reasonable and prudent manner that results in injury and death of patient
what is duty a part of?
one of the four elements that must be proved in order to recover damages in a malpractice/negligence suit
when does a duty form?
when the pt. is assigned to the nurse or seeks treatment from the nurse
what is a breach of duty?
when the nurse fails to meet standards of care (failure to communicate to provider, failure to intervene in a pts. deteriorating condition)
what is the PSDA?
the patient self-determination act
what does the PSDA require?
-documentation of advance directives
-treat everyone the same
-provide education to staff on advance directives
-provide written info to pt.
what does the PSDA recognize?
the pt. right to make decisions regarding their own healthcare. the provider must inform pt. about any treatment options available
8 common causes of malpractice litigation?
- failure to respond
- failure to educate
- failure to follow standard of care
- failure to communicate
- failure to document
- failure to act as an advocate
- impaired nurses
- failure to report neglect or intentional harm
