Chapter 5, ethical legal implications of practice

Vocabulary flashcards covering core terms from healthcare law, patient privacy, and ethics discussed in the notes.

Public law

The branch of law that governs the relationship between individuals and the government, including administrative law and criminal law.

Administrative law

Public law dealing with the rules and decisions of government agencies and their regulatory actions.

Criminal law

Public law defining crimes and penalties; governs conduct that harms society and is prosecutable by the state.

Civil law

Also called private law; protects individuals who have been harmed and governs disputes between private parties; the plaintiff brings the action.

Plaintiff

The person who brings a civil lawsuit against another party.

Defendant

The party sued or accused in a civil case.

Tort

A civil wrong that causes harm or loss, for which a remedy may be sought in civil court, not arising from a contract.

Negligence

Failure to exercise the care that a reasonably prudent person would; breach of duty resulting in harm.

Duty

A legal obligation to exercise reasonable care to prevent harm to others; element of establishing negligence.

Standard of care

The level of skill and care that a reasonably competent professional would provide under similar circumstances.

Res ipsa loquitur

Latin for 'the thing speaks for itself'; a doctrine that infers negligence when harm would not ordinarily occur without negligence and the defendant controlled the situation.

Malpractice

Professional negligence; failing to act with skill or to meet the standard of care, resulting in harm.

Assault

An intentional act that creates a reasonable fear of imminent harmful or offensive contact.

Battery

Intentional, unlawful physical contact that is harmful or offensive.

Slander

Oral defamation of character.

Libel

Written defamation of character.

Protected Health Information (PHI)

Health information that identifies a patient and must be kept confidential, shared only with those involved in care.

Confidentiality

The obligation to keep patient information private and not disclose it to unauthorized persons.

Ethics

The branch of philosophy that studies what is right or wrong; guides professional conduct.

Fundamental question of ethics

Is this right or wrong?

Autonomy

Acknowledges the personal liberty of patients and their right to decide their own course of treatment and follow through on a plan.

veracity

Requires that the healthcare provider tell the consenting individual the whole truth about the choices, inherent in medical care

Nonmaleficent

Requires healthcare providers to avoid harming patients

Procedure is carry risk of side effects and complications, not all of which can be predicted

Beneficence

Requires that the healthcare provider go beyond doing no harm and contribute, actively to the health and well-being of their patients

Technology dilemmas

Hippocratic oath

Respect the secrets which are confided even after the patient has died

criminal law and administrative law are branches of

Public law

Tort law

Civil wrong, other than the breach of contract, committed against an individual or property, for which the court provides a remedy in the form of action of damages

Intentional tort

Always involves a willful act that violates another person’s interest

Strict liability

Theory and tort law that can be used to impose liability without fault, even in situations in which injury occurs under conditions of reasonable care

Breach of contract

Theory that win, a healthcare, professional renters care and implicit or explicit professional patient contract is established

Civil suit

Challenge a law or to prevent an activity

Seek monetary damages

Medical negligence insurance

HIPAA

Health insurance portability and accountability act of 1996