Standards of Conduct Flashcards
Affidavit
Voluntary statement sworn to be true before an authority.
Allegation
A statement one expects to be true
Bona fide
In good faith or innocently
Case Law
All legal decisions reported on a given legal subject
Inatrogenic Injury
An injury resulting from the activity of health care professionals
Larceny
Taking another’s property without consent
Common Law
Principles that have evolved and continue to evolve on the basis of court decisions
Statutory Law
Any law prescribed by the action of a legislature
Malpractice
professional misconduct that results in harm to another; negligence of a professional
Negligence
Omission (not doing) or commission (doing) of an act that a reasonable and prudent individual would not do under the same conditions (“departure from the standard of care”)
Perjury
Intentionally providing false testimony under oath
Subpoena
Court order to appear and testify or produce required documents
Tort
A civil wrong; may be intentional or unintentional
Aeger primo
“The patient first”
Doctrine of borrowed servant
The one controlling or directing the employee has greater responsibility than the one paying the employee
Doctrine found corporate negligence
A health institution may be found negligent for failing to ensure that an acceptable level of patient care was provided
Doctrine of foreseeability
The ability to reasonably anticipate that harm or injury may result because of certain acts or omission
Doctrine of person liability
Each person is responsible for his or her own conduct
Doctrine of the reasonably prudent person
A person should perform an action as would any reasonable person or ordinary prudence
Primum non nocere
“Above all, do no harm”
Res ipsa loquitur
“The thing speaks for itself”
Respondeat superior
“Let the master answer” (employer is responsible for the actions of his or her employees)
Assault
An act that cause another person to fear that he or she will be touched in an offensive manner
Battery
The actual act of harmful or unwarranted contact with a person
Defamation
Slander (oral statement) or libel (written statement) that damages a persons reputation or name
False imprisonment
illegal detention of a person without consent (use of restraints)
Intentional infliction of emotional distress
Disparaging remarks made about a patient that results in emotional distress
Invasion of property
Disclosure of private information concerning a patient or photographing a patient without consent
How many people are required for consent
Two people; the recipient of an action and the one performing the action (patient and surgeon OR parent of a minor and surgeon)
Express consent
Direct verbal or written statement granting permission for treatment
Implied consent
Consent in which circumstances exist that would lead a reasonable health-care provider to believe that the person had given consent even though no direct or verbally expressed words of consent had been given
Who’s responsible for securing written, informed surgical consent
The Surgeon
Surgical consent in the case of an emergency
Telephone, Telegram, Agreement of two consulting physicians not including the operating surgeon, Administrative consent
What does HIPAA stand for
Health Insurance Portability an Accountability Act
When did HIPAA take place
April 14, 2003
