legal considerations Flashcards
Laws
Are legal requirements for behavior
2 Types of laws ?
Civil Law : deals with right and duties of individuals respect
Criminal law : Seals with offenses against the state or society ( large)
what is tort ?
Civil wrong committed by one individual against the person or property of another
2 Types of Tort ?
Intentional Misconduct :
like Assault, battery, false
imprisonment, invasion of privacy,
libel, and slander
Unintentional misconduct :
Negligence and Malpractice
Assault and battery ?
Is defined as the threat of touching in an injurious way
Is defined as unlawful touching of a person without consent
(If the patient refuses to be touched)
False imprisonment ?
Is detention of a person against his or her will
libel and Slander ?
Written information
Verbal communication
Types of Unintentional misconduct ? ( useless)
Negligence : refers to the neglect or omission of reasonable care or caution
Malpractice : An act of negligence in the context of a professional & patient relationship
Gross negligence : refers to negligent acts that involve “reckless disregard for life or limb “
Contributory negligence : refers to an act of negligence in which the behavior of the injured party contributed to the injury
Corporate negligence : applies when the hospital as an entity is negligence
Seven malpractice of prevention ?
Competence , Compliance , Charting , Communication , Confidentiality and Carefulness
2 types of Criminal law ?
Felony : which is serious crime
Punished by imprisonment ( Drug-related crimes )
Misdemeanor : is less significant crime
(Stealing pain medication)
what are the patient care partnership ?
understanding expectations, rights
& responsibilities
what is chaperone ?
It is a same gender as the patient should be present ( protection of your privacy)
What department of health and human Services protect the privacy rights to the patient ?
HIPAA ( Health Insurance Portability and Accountability Act )
Informed Consent ?
A formal agreement that a patient signs to give permission for a medical procedure ( benefits and risks)
who will provide the informed consent ?
The physician’s duty
A patient must be competent in order to sign an informed consent