Patient Care - Medical Law Flashcards

1
Q

Negligence

A

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

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2
Q

Gross Negligence

A

Acts that show reckless disregard for life or limb

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3
Q

Contributory Negligence

A

Instance in which the injured person is a contributing party to the injury

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4
Q

What are 4 conditions needed to establish malpractice?

A
  1. Establishment of standard of care
  2. Demonstration that standard of care was violated
  3. Demonstration that loss or injury was caused by provider being sued
  4. Demonstration that loss or injury actually occurred and is a result of the negligence
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5
Q

Define Standard of Care

A

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.

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6
Q

Why is “standard of care” important in legal issues?

A

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.

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7
Q

Assault

A

Patient is apprehensive about being injured.

Imprudent conduct of care giver that causes fear in patient is grounds for allegation of civil assault.

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8
Q

Battery

A

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.

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9
Q

False imprisonment

A

Unjustified restrain of a person, care must be taken when using restrain straps or having other individuals assist with holding a patient

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10
Q

Invasion of privacy

A

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.

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11
Q

Slander

A

Orally spreading false information that results in defamation of character or loss of reputation

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12
Q

Libel

A

Written information that results in defamation of character or loss of reputation

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13
Q

Elements of tort law

A

Violation of civil law, also known as personal injury law. Injured parties have a right to compensation for injury

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14
Q

Name 5 legal doctrines

A
  1. Respondent superior
  2. Res ipsa Loquitur
  3. Foreseeability
  4. Personal liability
  5. Good Samaritan Law
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15
Q

Respondent superior

A

“Let the master answer” Legal doctrine stating that an employer is held liable for an employee’s negligent act

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16
Q

Res ipsa loquitur

A

“The thing speaks for itself” Legal doctrine stating that the cause of the negligence is obvious (e.g., forceps left inside a patient during surgery)

17
Q

Foreseeability

A

A requirement under tort law that the consequences of a parties action or inaction could reasonably result in the injury. In such cases, the resultant injury was reasonably predictable by a person of ordinary intelligence and circumspection as in the case of throwing a heavy object at someone.

18
Q

Personal liability

A

An event or accident that results in bodily injury that you are held legally responsible for.

19
Q

Good Samaritan Law

A

Legal protection to people who give reasonable assistance to those who are, or whom they believe to be, injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders’ hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death.