Patient Care - Medical Law Flashcards
Negligence
Unintentionally omitting reasonable care. Based on the doctrine of reasonably prudent person (how a reasonable person with similar education and experience would perform) under similar circumstances
Gross Negligence
Acts that show reckless disregard for life or limb
Contributory Negligence
Instance in which the injured person is a contributing party to the injury
What are 4 conditions needed to establish malpractice?
- Establishment of standard of care
- Demonstration that standard of care was violated
- Demonstration that loss or injury was caused by provider being sued
- Demonstration that loss or injury actually occurred and is a result of the negligence
Define Standard of Care
A medical or psychological treatment guideline, and can be general or specific. It specifies appropriate treatment based on scientific evidence and collaboration between medical and/or psychological professionals involved in the treatment of a given condition.
Why is “standard of care” important in legal issues?
In legal terms, the level at which an ordinary, prudent professional with the same training and experience in good standing in a same or similar community would practice under the same or similar circumstances. The medical malpractice plaintiff must establish the appropriate standard of care and demonstrate that the standard of care has been breached, with expert testimony.
Assault
Patient is apprehensive about being injured.
Imprudent conduct of care giver that causes fear in patient is grounds for allegation of civil assault.
Battery
Unlawful touching or touching without consent.
Harm resulting from physical contact with caregiver.
May also include radiographing the wrong patient or the wrong body part.
Performing a test against a patient’s will.
False imprisonment
Unjustified restrain of a person, care must be taken when using restrain straps or having other individuals assist with holding a patient
Invasion of privacy
Violation of confidentiality of information, unnecessarily or improperly exposing the patient body; unnecessarily or improperly exposing the patient’s body; unnecessarily or improperly touching a patient’s body; photographing patients without permission.
Slander
Orally spreading false information that results in defamation of character or loss of reputation
Libel
Written information that results in defamation of character or loss of reputation
Elements of tort law
Violation of civil law, also known as personal injury law. Injured parties have a right to compensation for injury
Name 5 legal doctrines
- Respondent superior
- Res ipsa Loquitur
- Foreseeability
- Personal liability
- Good Samaritan Law
Respondent superior
“Let the master answer” Legal doctrine stating that an employer is held liable for an employee’s negligent act