Patient care Flashcards
in _____ the U.S. Advisory commission on consumer protection and quality health care adopted a consumers Bill of Rights
1998 (replaced by patient care partenership)
on march 23, 2010 the _____ was signed into law as a way of putting consumers back in charge of their health care
Affordable care act
the HIPAA Privacy act was first signed into law in _____ and created national standards to protect individuals medical records and other personal health information
1996 (in april 2001 the department of health and human services enacted the HIPAA)
_____ are the rules of conduct enforced by a controlling authority
laws
_____ are laws that affect the individual rather than society as a whole
civil laws
_____ laws are enacted and enforced by federal or state legislators to help maintain the governmental right to uphold social order and protect individuals rights
statutory
_____ law is a form of law made by administrative agencies appointed by the president or government
administrative (federal agency ex. OSHA)
_____ law is court made law based on custom and usage
common (most malpractice laws are court made laws)
A _____ is a wrongful act, other than breach of contract for which the law provides a remedy
Tort (can by intentional or unintentional)
examples of intentional torts are?
assault, battery, invasion of privacy, and false imprisonment
_____ is the most common type of unintentional tort
negligence; failure to use responsible care
to prevail in a medical malpractice action, an injured person (the plaintiff) must prove the following 4 elements
duty (standard of care), breach (failure to meet standard of care), harm, and causation (failure of SOC was actual cause of injury)
what does resipsa loquitur mean?
the thing speaks for itself (the evidences tells all)
_____ consent is given by the patient either in writing or verbally
express
_____ consent is neither written or spoken by the patient, but understood from the circumstances surrounding the procedure
implied
_____ is a dereliction from ones medical professional duty that results in injury, loss or damage
medical malpractice
describes the procedure, clearly states risks and benefits, discusses possible outcomes/problems, discusses alternative treatments
informed consent
negligences is based on what 5 doctrines of liability?
master-servant, ostensible agency, borrowed servant, captain of ship, and resipsa loquitur
what is respondeat superior
“let the master answer” the employer is held liable
under the _____ doctrine, a hospital or healthcare facility can be held liable for a negligence, if the sonographer is a contractor
ostensible agency
under the _____ theory, all actions of hospital employees where attributable to the patients attending physician, physician was liable
borrowed servant
the _____ doctrine was in effect in operating rooms and held that the head surgeon was liable for all negligent actions of his or her surgical team
captain of the ship
_____ is a court document that requires a witness to appear and testify or to produce documents or papers pertinent to a pending controversy, under penalty
subpoena (served if you are involved in a lawsuit)