Legal and ethical responsibilities Flashcards
Legal Responsibilities
Responsibilities that are authorized or based on law
Civil Law
Focuses on legal relationships between people and the protection of a person’s rights
Criminal Law
Focuses on wrongs against a person, property, or society
Torts
-Wrongful acts that do not involve contracts
-This when a person is harmed or injured because a health care provider does not
meet the established or expected standards of care.
Negligence
Failure to give care that is normally expected of a person in that position, results in injury, loss or damage to the person being cared for.
Assault
A threat or attempt to injure.
Battery
Unlawful touching of a person without consent
Informed Consent
Permission granted voluntarily by a person of sound mind after the procedure
and all risks involved have been explained in terms the person can understand.
Invasion of Privacy
Unnecessarily exposing an individual or revealing personal information about
the individual without the person’s consent.
Malpractice
The failure of a professional to use the degree of skill and learning commonly expected in that person’s profession. Results in injury, loss or damage to the person receiving care.
Abuse
Any care that results in physical harm, pain or mental anguish.
List the four different types of abuse
Types of Abuse: Physical Verbal Psychological Sexual Child Elder Domestic
Slander
When the defamation is spoken
Libel
When defamation is written
Defamation
When false statements cause a a person to ridicule or damage a persons reputation
Contract
An agreement between 2 or more parties.
offer
competent person enters into relationship with a healthcare providers and offers to be a patient.
acceptance
healthcare providers gives an appointment, or exam or treatment to the patient.
consideration
payment made by the patient for services provided
implied contracts
obligations that are understood without verbally expressed terms
Express contracts
stated by distinct and clear language, either orally or in writing.
privileged communication
- comprises all information given to healthcare provider by a
patient; by law this information must be kept confidential and shared only with other
members of the patient’s health care team.
health care records
contain info about the care provided to the patient
HIPAA
- (Health Insurance Portability and Accountability Act of 1996)
- is a federal law.
- Establishes federal regulations regarding the privacy of patient information
- Patient privacy is EVERYONE’s resposibility