MIDTERMS Flashcards
The process in which a healthcare provider educates a patient about the risks, benefits, and alternatives of a given procedure or intervention.
Informed Consent
Maintaining a professional relationship between patient and health professional
Patient Relation with Health Professional
Ensuring that patient information and data are kept safe.
Patient Confidentiality
Providing medical services equally
Access to quality healthcare
when a professional fails to meet the expected care standards in their job.
malpractice
A dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage.
Malpractice
Common types of malpractice
Cancer misdiagnosis
Medication errors
Bedsores
Anesthesia errors
Dental mistakes
Failure to prevent infections
Failing to behave with the level of that someone of ordinary prudence would have exercised under the same circumstances.
Negligence
Failing to take proper care
Negligence
Extreme carelessness that shows reckless disregard for others’ safety.
Gross negligence
Fault is shared between parties, and any compensation is reduced based on each party’s percentage of fault.
Comparative Negligence
If the injured person contributed to their own injury, they may receive reduced or no compensation
Contributory negligence
An employer or organization is held responsible for the negligent actions of its employees.
Vicarious Negligence
4 types of negligence
- Gross negligence
- Comparative negligence
- Contributory negligence
- vicarious negligence
Being legally responsible for breaking the law
Criminal Liability
Pertaining to actions or behavior that violate the law
Criminal
Being legally responsible for something, which can result in legal or financial consequences.
Liability
The physical act or conduct that is prohibited by law.
Actus Reus
The guilty mind; the mental intent or knowledge of wrongdoing that accompanies the act, which can vary in level (purposefully, knowingly, recklessly, or negligently).
Mens Rea
The requirement that both the wrongful act (actus reus) and the wrongful intent (mens rea) occurred together.
Concurrence
The need to establish a direct link between the defendant’s actions and the harm or consequences caused.
Causation
Elements of Criminal Liability
Actus Reus
Mens Rea
Concurrence
Causation
Circumstances which affect criminal liabilities
- Justifying
- Exempting
- Mitigating
- Aggravating
Unforeseen situations; inevitable; Act of God
Doctrine of Force Majeure
Master answers for the subordinate
Doctrine of Respondent Superior
Ignorance of the law excuses no one
Ignorantia Juris non Excusat
The law is harsh but it is the law
Dura lex Sed Lex
No crime no punishment without the law
Nullum Crimen, Nulla Poena Sine Lege
Most superior criminal offense
Felonies
Two classifications of felonies
Intentional Felonies (Dolo)
Culpable Felonies (Culpa)
Chairman of the first board of Radiologic Technologists
Fortunato C. Gabon Jr.
Members of the first board of radiologic technologists
Jose T. Gaffud,
Editha C. Mora,
Dexter R. Rodelas,
Dr. Eulinia M. Valdezco
A civil wrong that causes harm or loss to someone, giving the injured party the right to seek compensation through the legal system.
Tort
sellers can be held liable for defective products
Product liability
a person or entity that commits a tort, which is a wrongful act or omission that causes harm or injury to another.
Tortfeasor
A branch of civil law that deals with situations where one party’s wrongful actions cause harm or loss to another.
Tort law
Knew or should have known that certain consequences would result from an act
Intentional Tort
Torts that intentionally cause harm or injury to an individual’s body, reputation, or emotional well-being.
Against Persons
Act intended to cause an apprehension of harmful or offensive contact
Assault
The unwanted harmful physical contact
Battery
Intent to wrongly confine or restraint a person
False imprisonment
Severe emotional distress suffered by the plaintiff with the emotional distress being caused by the defendant’s conduct
Intentional infliction of emotional distress
Wrongfully harming a person’s good reputation
Defamation
Breaching this duty orally
Slander
Breaching this duty in writing
Libel
Intrusion into person’s affairs or seclusion
Invasion of the right to privacy
Use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user.
Appropriation
Intentional deceit for personal gain
Misrepresentation or Fraud
Torts that intentionally interfere with or damage someone’s property
Against Property
Illegally accessing a private property that is off-limits
Trespassing
Refers to an act that is unintended but causes injury, losses, and damages to the victim.
Unintentional Tort
The most common unintentional tort
Negligence
Failure to exercise reasonable care, resulting in harm or damage to another person.
Negligence
When a healthcare professional fails to provide the accepted standard of care, resulting in patient harm.
Medical Malpractice
When a property owner fails to maintain a safe environment, leading to injury.
Premises Liability
a set of practices, ethics, and behaviors that members of a particular professional group must adhere to.
Professional Standard
A legal document providing a chronicle of a patient’s medical history and care
Medical Record
Serve as the identity of the patient who owns the record
Identification Information
Previous history of the patient (surgeries, medication, illnesses)
Medical History
Medicines a patient is ingesting need to be documented in their medical record as it could affect their course of treatment.
Medication Information
Some health problems of family members may not be worrisome, however, some hereditary diseases and cancers that may be passed down should be documented.
Family History
Encompasses all treatments they have ever undergone and their results
Treatment History
crucial documents to outline directions by the patient regarding what they want or do not want in case they cannot communicate their medical care.
Medical directives
Different lab results that the patient has received.
Lab History
Patients should be able to make informed decisions about their care; thus, the physician should let the patient know all important information about all medical procedures.
Consent Form
Noted by the physicians if changes or new information come up during the course of the treatment.
Progress notes
Cards, insurance (ex: PhilHealth)
Financial Information
If operation has been performed, were there any eventful happenings during the operation
Operation Report
Was introduced to help prevent access to confidential information of patients by unauthorized people.
Health Insurance Portability Act and Accountability Act (HIPAA)
When a healthcare provider - like a doctor, nurse, or other health professional - explains a medical treatment to a patient before the patient agrees to it.
Informed Consent
minimum penalty for HIPAA violation where the individual did not know he violated HIPAA
$100 per violation
annual maximum penalty amount for HIPAA violation
$25,000 for repeat violations
Are those who store healthcare records in electronic form, healthcare clearing houses handle the billing needs of the providers.
Health Care Providers
A disclosure of information to a third party, without patient consent or court order, of private information that the physician has learned within the patient-physician relationship.
Breach of Confidentiality
