RIsk in Operating a Facility Flashcards
standard of care
the duty to have and to use the degree of knowledge and skill that is usually possessed and used by competent, prudent similar health care providers in like or similar circumstances
scope of employment
the range of employee activities held by the courts to be the legal responsibility of the employer is called the scope of employment. Basically, it includes any acts performed in the process of carrying out one’s duties.
occurrence policy
the insurance company pays for claims for events occurring during term or policy regardless of when claims are filed
borrowed servant
A borrowed servant is a person under the temporary employ of another person. In a nursing facility, a nurse employed by the local community college as a nursing instructor, but temporarily working under the direction of the nursing facility’s DON might be found to be a borrowed servant.
strict liability
an employer held strictly liable is subject to liability without fault, i.e., without the employee having to show employer fault
risk
can be defined as any event or process that can lead to actions which result, directly or indirectly, in economic losses of damage to the facility and/or its reputation
Guardianship
appointment by a probate court of a substitute decision-maker for a person a judge declares incompetent
civil liability
the three primary sources in health are
Employer’s Liability Acts
various states have statues that set forth the extent to which employers are liable to their employees for injuries to them
palliative care
alleviating suffering even where cure of underlying disease is no longer possible
substandard care
four elements are required for a civil lawsuit: (1) duty owed, (2) breach or violation of that duty, (3) damage or injury, and (4) causation
Sabanes Oxley Act of 2002
This act requires publicly held companies to implement internal controls over their financial reporting, operations and assets, to evaluate the strengths and weaknesses of these internal controls in official documents filed with the SEC and to make regular disclosures concerning the viability of these controls and potential fraud or losses that may affect the company’s financial position.
claims-made policy
the insurance company pays for the claims made only during the term of the policy and only for events occurring during the term of the policy.
resident’s rights sources
1) judge made (common) law based on society’s values, 2) specific statutes, i.e., legislative law resulting in rules and regulations defining resident rights
Corporate Compliance
Each facility is expected to appoint a person to be the corporate compliance officer. The Office of Inspector General of the U.S. Department of Health and Human Services enforces corporate compliance.
euthanasia
a good or easy death. Active euthanasia in the nursing facility setting is involvement of facility care givers in non-accidental termination of a resident’s life.
malpractice system
purposes of - (1) the just financial compensation of innocent, injured residents and (2) the maintenance of a high level of care by deterring undesirable provider practices
independent contractor
agrees with another person to perform a certain job and remains in control of the means and methods of performing the job
empty shell doctrine
view that the facility merely provides a workplace for health professionals and has no corporate liability for their actions
durable power of attorney
appointment of an agent who is empowered to act on behalf of the person creating the power in case of future incompetence (Ordinary power of attorney ends when the person creating the power becomes incompetent)
