Legal and Ethical Concerns Flashcards
Tort
Violation of civil law (personal injury law) may be intentional or negligence
What are some legal issues of touching a patient?
Battery
What is Battery?
Unlawful touching of another person that is without justification or cause
What are some examples of medical battery?
- touching a patient without consent or explanation
- performing a study against a patient’s will
- physical harm as the result of an exam (x-raying the wrong patient)
Morals
A person’s standard of behavior or beliefs concerning what is and is not acceptable
Veracity
Conformity to facts, accuracy
Fidelity
Faithfulness to a person, cause or belief demonstrated by loyality
Assault
Making a physical attack on
False imprisonment
Unjustified restraint or restraining a patient against their will
Libel
Written information that results in the defamation of character or loss of reputation
Negligence
Unintentional misconduct
Medical Negligence / Malpractice
Occurs when a medical professional’s actions or omissions fail to meet the standard of care and injure a patient
Nonmalfecience
Ethical principle of doing no harm
Slander
Verbally spreading false information
Respondeat Superior
“The master speaks for the servant”
- Employer will be responsible for the employees actions, except in the case of negligence
Res Ipsa Loquitur
” the thing speaks for itself”
- Negligence is obvious
What are the sacred seven?
- Localization
- Chronology
- Quality
- Severity
- Onset
- Aggravating or alleviating factors
- Associated manifestations
Severity
The intensity and quantity of the symptom
Onset
When the symptoms began
Aggravating or alleviating factors
What makes the symptoms worse or better
Associated manifestations
Any other symptoms that accompany the chief complaint
What is informed consent?
Also called valid consent, and is a full explanation of the procedure including risks and benefits
What are the conditions for informed consent?
NAME?
What is implied consent?
Provides care when the patient is unconscious, and is based on the assumption that the patient would approve if conscious
What is simple consent?
Patient agrees with no explanation
What is duty?
What should have been done
What is breach?
Deviation from duty
What are examples of invasion of privacy?
- Violation of confidentiality
- Improperly touching a patient
- Taking radiographs without patient’s permission
What is a violation of professional conduct?
Conduct that causes the patient to fear (verbally threatening more films, exams, etc)
What is the rule of personal responsibility?
Individuals are responsible for their own actions
