legal considerations Flashcards

1
Q

Laws

A

Are legal requirements for behavior

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2
Q

2 Types of laws ?

A

Civil Law : deals with right and duties of individuals respect
Criminal law : Seals with offenses against the state or society ( large)

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3
Q

what is tort ?

A

Civil wrong committed by one individual against the person or property of another

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4
Q

2 Types of Tort ?

A

Intentional Misconduct :
like Assault, battery, false
imprisonment, invasion of privacy,
libel, and slander

Unintentional misconduct :
Negligence and Malpractice

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5
Q

Assault and battery ?

A

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)

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6
Q

False imprisonment ?

A

Is detention of a person against his or her will

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7
Q

libel and Slander ?

A

Written information
Verbal communication

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8
Q

Types of Unintentional misconduct ? ( useless)

A

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

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9
Q

Seven malpractice of prevention ?

A

Competence , Compliance , Charting , Communication , Confidentiality and Carefulness

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10
Q

2 types of Criminal law ?

A

Felony : which is serious crime
Punished by imprisonment ( Drug-related crimes )

Misdemeanor : is less significant crime
(Stealing pain medication)

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11
Q

what are the patient care partnership ?

A

understanding expectations, rights
& responsibilities

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12
Q

what is chaperone ?

A

It is a same gender as the patient should be present ( protection of your privacy)

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13
Q

What department of health and human Services protect the privacy rights to the patient ?

A

HIPAA ( Health Insurance Portability and Accountability Act )

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14
Q

Informed Consent ?

A

A formal agreement that a patient signs to give permission for a medical procedure ( benefits and risks)

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15
Q

who will provide the informed consent ?

A

The physician’s duty
A patient must be competent in order to sign an informed consent

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16
Q

Is the patient right to refuse the treatment ?

A

yes ,
Signing an informed consent does not invalidate the patient’s right to refuse treatment once the procedure has begun

17
Q

Death with dignity ?

A

This means that if death is imminent, no effort at resuscitation is to be attempted

18
Q

When the patient’s condition is terminal ?

A

If the patient is incompetent ( patient’s family may agree to a “do not resuscitate” (DNR) order