Legal Principles and Forms of Mistreatment in HC Flashcards
Medical ethics are concerned with whether actions are _______ or ________
Right or wrong
Medical law focuses on whether actions are ________ or ________
Legal or illegal
Illegal acts are _________ unethical
Always
Unethical behavior may or may not be _______
Illegal
________ behavior represents ideal conduct and ideal behavior for employees
Ethical
Unethical or illegal? Displaying rude behavior toward a patient
Unethical
Unethical or illegal? Being impatient with a patient who moves or talks slowly
Unethical
Unethical or illegal? Gossiping about patients and coworkers
Unethical
Unethical or illegal? Lying about a mistake you made
Unethical
_______ are the concepts, ideas, and beliefs that are important and meaningful to a person. They greatly influence your behavior
Values
________ ______ governs the legal conduct of members of medical professions and includes laws at the federal, state, and local levels
Medical law
______ _____ (tort law), pertains to disputes between individuals, organizations, or both ; refers to any laws that enforce private rights, not criminal behavior
Civil law
Is this medical, civil, or criminal law? Healthcare worker telling a patients employer that the patient has a disease that would keep him from being an effective employee. The patient then loses his job, resulting in a loss of wages
Civil law
________ _____ deals with criminal behavior and pertains to crimes in which the guilty party is punished by incarceration (jail or prison), fines or both
Criminal law
Is this medical, civil, or criminal law? Pharm tech stealing drugs and selling them
Criminal law
A _______ invasion of privacy occurs when a healthcare worker does not protect the modesty of a patient
Physical
A __________ invasion of privacy occurs when a worker reveals a patient’s personal information without the patients consent
Informational
This is a list of guarantees for those receiving medical care that guarantees patients access to health services, information to help them make informed medical decisions, and fair treatment
Patient’s Bill of Rights
This includes a list of patients rights that are now law
Affordable Care Act of 2010
An _________ ensures that patients aren’t being abused and that their legal rights are protected. They may be a nurse, trained volunteer, or social worker.
Ombudsman
This was passed by congress in 1990 and requires healthcare institutions to inform patients of their rights:
- Right to participate in/direct healthcare decisions
- Right to accept or refuse medical or surgical treatment
- Right to prepare an advance directive
- Right to view information on facility’s policies about recognizing advance directives
- Right to know how the facility educates its staff regarding advance directives
Patient Self-Determination Act
An _______ _______ is a legal document in which a patient gives written instructions about healthcare decisions for when he/she is incapacitated
Advance directive
A ____ _____ __________ (DNR) documents states that CPR or other advanced cardiac life support should not be performed if a patient stops breathing or a patients heart stops
Do not resuscitate
This grants another person the authority to make legal decisions for you
Durable power of attorney
A _______ is a person appointed by a court to make decisions to protect the interests of a patient who is mentally or physically incapacitated
Guardian
An _________ ______ is a person under 18 years old who is financially and legally responsible for herself or himself
Emancipated minor
______ ___ ______ is a legal obligation for healthcare personnel to take reasonable care to avoid causing harm to a patient
Duty of care
__________ is performing an act that a reasonable person would not have done, resulting in harm to a patient
Negligence
These protect people from legal action after they have been given free emergency medical aid while using reasonable care. They encourage people to give first aid in an emergency situation without fear of being sued
Good samaritan laws
_______ _____ is legal protection for the healthcare worker if it can be proven that the worker acted reasonably as compared to other members of the same profession or in a similar situation
Reasonable care
________ is a method of resolving disputes outside the courtroom. Patients are asked to sign them before care is provided. It protects the healthcare facility from a costly trial if something goes wrong
Arbitration
_________ is any misconduct or lack of skill that results in patient injury. Most of these claims are filed against doctors or hospitals
Malpractice
_______ occurs when your words or actions make another person fear that they may be harmed
Assault
_______ refers to touching a person without permission
Battery
Assault or battery? If a healthcare worker argues with a patient who doesn’t want a procedure
Assault
Assault or battery? If the healthcare worker performs a procedure without the patients consent
Battery
_______ is the act of damaging someones good name or reputation
Defamation
Verbal defamation is called ______ (ex. gossip)
Slander
Written defamation is called _____ (ex. post something damaging about another person online)
Libel
______ is any action that results in physical or mental harm and may occur in the healthcare facility
Abuse
_______ abuse: hitting, depriving someone of food and/or water, restraining a patient when it is not necessary, or refusing to administer physical care
Physical
________ abuse: threats, intimidation, or making fun of someone in a cruel manner
Psychological
______ abuse: swearing, speaking harshly, and name calling
Verbal
_______ abuse: sexual touching and acts, using sexual gestures, or suggesting sexual behavior
Sexual
_______ abuse: one partner in an intimate relationship abuses the other
Domestic
______ or ______ abuse: abuse is inflicted upon individuals of a particular age
Child or elder
_________ of ______ is the reasonable and prudent care that a practitioner of similar qualifications would have performed in the same or similar situation. Failer to exercise a proper standard of care could result in a malpractice claim
Standard of Care
_________ of _______ is the amount of time during which legal action can be taken about a matter. After that time period, a lawsuit may not be filed
Statute of limitations
A healthcare worker ______ or _______ includes all of the skills that they’re trained for and allowed to use. Working outside of your scope or practice is illegal
Scope of practice
________ is the practice of allowing only certain individuals the right to access information. Healthcare workers must provide confidentiality and privacy of patient information
Confidentiality
Congress passed HIPAA in 1966 and it established national standards to protect medical records and other personal health information. Violations of this can result in civil penalties.
Health insurance portability and accountability act
True or false: Patients cannot be forced to sign the informed consent form
True
__________ _______ ______ (EHRs) present new, exciting ways of communicating patient information to doctors
Electronic health records
Goals of the HITECH act is:
- Encourage the use of electronic health records
- Ensure that providers have complete and accurate information
- Help reduce the cost of healthcare
What does HITECH stand for?
Health information technology for economic and clinical health
One of the most common threats to patient data is ________ _________ ________
Human inputting errors
Methods used for protecting information on hospital computers are ________ security, _______ programs, ________ employees
Physical security, software programs, educated employees
Health information is now stored in _____ rather than paper records
EHRs
The goal for the EHR is to?
Contain all of the patients medical records
The EMR (electronic medical record) contains information from a ______ medical practice or visit
Single
The EHR (electron health records) is the patients ______ health record
Complete
________ uses video, audio, and computer systems to provide healthcare services. Patients can receive care from doctors or specialists far away without having to travel
Telemedicine
Reusable biosensor patch, smart devices to help patient quit smoking, and smart contact lenses to monitor diabetes are examples of _________ ______ ______
Wearable medical devices
These systems provide patients with lists of options for directing calls and can remind them of appointments and notify them of normal test results
Telephone systems
Technology that uses biological processes, organisms, or systems to manufacture products intended to improve the quality of human life is called?
Biotechnology
__________ are drugs that are produced as a result of biotechnology and may help us eliminate certain diseases and extend our life span
Biopharmaceuticals
Strokes, multiple sclerosis, heart attacks, leukemia, etc are being treated with __________
Biopharmaceuticals
______ ______ is a biotechnical technique for correcting defective genes that cause disease and it replaces a defective gene with normal genes
Gene therapy
A _______ is an artificial replacement for a missing body part and incorporated electron devices to operate together.
Prosthetic
________ is the creation of an organism that is the exact genetic copy of another
Cloning
Potential uses for ________ ______ includes growing skin for burn victims or create nerve cells for someone suffering from brain damage
Therapeutic cloning
_________ _____, such as lymph nodes and kidneys, are being developed to make transplantation easier
Artificial organs
