MEDICAL ETHICS AND LEGAL ASPECTS Flashcards
liability
the responsibility for conduct falling below certain standard which is casual connection to the plaintiff”s injury
ethics
the science of relating to moral action or mora value
ethical malpractice
professional misconduct considered improper or immoral bye the profession as a whole
ethical assumptions (that should be common to all hospital employee)
1 maintain proper and current level of skill
2 maintain safety of the patient
3 confidentiality is a must
4 refrain from the immoral or legal practice
Quid-pro-quo
something for something arrangement . contract between the care services
standard of care
skill and learning commonly possessed by members of the profession
negligence
failure to acts as an ordinary prudent person; conduct contrary to that of a reasonable person under a specific circumstances ( breach of duty)
Nonfeasance
failing to do your duties
misfeasance
doing your duties but doing it wrong
malfeasance
doing things beyond the scope of the practice
malpractice
Legal term for negligence by a professional.
Professional misconduct, improper discharge of
professional duties or a failure to meet the STANDARD OF CARE by a professional which results in harm to
another.
common acts if negligence or malpractice
l. Overlooked sponges, instruments, needles etc.:
2. Burns:
3. Falls:
4. Wrong medications or wrong dosage:
5. Defects in apparatus/equipment:
6. Failure to observe symptoms:
7. Abandonment:
8. Stepping beyond one’s authority:
9. Failure to communicate when necessary:
10. Infections due to negligence:
torts
A legal or civil wrong committed by one person against the person
or property of another.
examples of torts
1.Assault and Battery:
Assault = A threat to do bodily harm.
Battery = An executed assault. Committing bodily harm.
2.Improper Handling of Defenseless Patients.
3.False Imprisonment:
4.Invasion of Privacy: The patient has the right to be
“left alone” to live in seclusion without being
subjected to unwarranted or undesired publicity.
5. Defamation: (Slander and Libel.)
Slander
SPEAKING falsely about another with resulting injury
to his/her reputation. (Oral Defamation.)
libel
Defamatory words that are PRINTED, WRITTEN or PUBLISHED
which affect the character or reputation of another in that it
tends to hold him/her up to ridicule, contempt, shame,
disgrace or to degrade him/her in the estimation of the
community. (Written defamation.)
Discussion of
Discussion of: THE PATIENTS’ Bill of Rights/Patient Care Partnership.
Both are published by the American Hospital Association (AHA).
(See attached)
right
a claim to which man is entitled
Accountability
The obligation to disclose details for evaluation; commonly
used to mean “to be held responsible for.
Affidavit
voluntary statement of facts sworn to be true before an
authority.
Allegation
A statement one expects to prove true.
Battery
Intentional nonconsensual touching.
bona fide
In good faith or innocently
Case law
all legal decisions reported on a given loyal subject
complaint
first pleading filed by plaintiff’s attorney in a negligence action
defamation
Injury to an individual’s reputation or character caused by false statements to a third party (inclusive of libel and slander).
defendant
In criminal cases, the person accused of the crime; in civil matters, the person or organization that is being sued.
deposition
a method of pretrial discovery in which questions are answered under oath
federal law
Jurisdiction is given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress,
and treaties.
guardian
Court-appointed protector for an individual incapable of making
his or her own decisions.
iatrogenic injury
an injury resulting from the activity of health care professionals
indictment
formal written accusation from a grand jury
larceny
taking another’s property without consent
law, common
principles that have evolved and continue to evolve on the basis of court decisions
law, statory
any law prescribed by the action of a legislature
Liability
Liability: An obligation to do or not do something; also, an obligation
potentially or actually incurred as a result of a negligent act.
Liability, corporate
An obligation to do or not do something that falls on the corporate body.
Liability, personal:
Liability, personal: An obligation to do or not do something that falls on the individual.
Malpractice
Professional misconduct that results in harm to another, negligence of a professional.
Negligence
Omission (not doing) or commission (doing) of an act that a reasonable and prudent individual would not do under the same conditions; may be associated with the phrase “departure from the standard of care.”
negligence, criminal
Reckless disregard for the safety of another; willful indifference.
perjury
Intentionally providing false testimony under oath.
plaintiff
the person who indicates a lawsuit
Precedent
Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later.
Standard of care.
Description of conduct that is expected of an individual or professional in a given circumstance.
State law
State statutes, regulations, and principles and rules having the
force of law.
subpoena
Court order to appear and testify or produce required documents.
Tort
A civil wrong; may be intentional or unintentional.
tort-feasor
One who commits a tort.
Trial
Consists of the following steps:
1. Opening statements by both sides
2. Plaintiff’s presentation
3. Cross-examination by defendant’s attorney
4. Defendant’s presentation
5. Cross-examination by plaintiff’s attorney
6. Closing statements by both sides
7. Jury instruction by judge
8. Jury deliberation
9. Appeal (possible)
10. Execution of judgment
