Legal And Ethical Flashcards
What is a tort?
Wrongful acts that don’t involve contracts
Examples of torts
Negligence, assault and battery, invasion of privacy, abuse
Negligence
Failure to give expected care
Ex: left side rail down, patient falls and breaks hip
Assault and battery
Threatening and attempt to injure
Ex: Threatening to hit a patient, then doing it
Invasion of privacy
Unnecessarily exposing a patient or their personal information without consent
Ex: Not closing the privacy curtain
Abuse
Physical, verbal, psychological act that leave a patient distressed
Ex: yelling at a patient calling them incompetent
Defamation
Making false statements that result in ridicule
Libel
Written defamation
Slander
Spoken defamation
Contract
Written agreement between 2 or more parties
3 parts of a contract and examples
Offer: Doctor says they are excepting new patients
Acceptance: making appointment then going to it
Consideration: Payment for appointment
Informed consent
Permission granted voluntarily by a person who is sound of mind
3 types of legal disability
Minor, under the influence, unconscious
False imprisonment
Restraining an individual or restricting their freedoms
Ex: tying down a patient without justification
What does HIPAA stand for
Health insurance portability and accountability act
Difference between criminal and civil law
Criminal: focuses on wrongs against a person or property
Civil: relationships veteeen people and the protection of their rights
Malpractice
Bad practice
Ex: doctor left and instrument in
Difference between implied and expressed consent
Implied is assumed/expected Ex: holding your arm out to give blood
Informed: it is spoken and written Ex: a contract
Privledged communication
All information from a patient to a HC provider
What is required before privileged communication is released
Written consent
What should you do is you need to correct a health document
Cross out to where original info is still legible, write correct info, date and initial
3 ways facilities create safeguards to maintain computer confidentiality
Requiring passwords, monitoring use, limit personal, requiring fingerprints
Advances with health information exchange
Better health coordination, faster access, better patient safety
What are ethics
Set principles relating to what is morally right or wrong
What are patients rights
Factors of care a patient can expect
Name of the act that guarantees rights to residents
OBRA - omnibus budget reconciliation act
Durable power of attorney
If a person is unable to make their own medical decisions, the agent will do it for them
Living will
Allows a person to state what measures they do and don’t want when conditions are terminal
3 ways to identify patients
ID bands, ask their name, Ask their DOB
Patient protection and affordable care act
Covers essential limits
26 on parents plan
No annual limit
Two main directives
Living will
Durable power of attorney
