Legal Terms and Concepts in Healthcare

mal-

bad, abnormal

melan/o

black

geront/o

elderly

CA

cancer

DOA

dead on arrival

Criminal Law

focuses on wrongs against a person, property, or society

Civil Law

focuses on legal relationships between people and the protection of a person's rights

Torts

wrongful acts that do not involve contracts: occurs when a person is harmed or injured because a health care provider does not meet the established or expected standards of care.

Malpractice

the failure of a professional to use the degree of skill and learning commonly expected in that individual's profession, resulting in injury, loss, or damage to the person receiving care

Negligence

failure to give care that is normally expected of a person in a particular position, resulting in injury to another person

Assault

a threat or attempt to injure

Battery

the unlawful touching of another person without consent

Informed consent

permission granted voluntarily by a person who is of sound mind after the procedure and all risks have been explained in terms the patient can understand

Invasion of Privacy

unnecessarily exposing an individual or revealing personal information about an individual without that person's consent

False Imprisonment

restraining an individual or restricting an individual's freedom

Abuse

any care that results in physical harm, pain, or mental anguish

Defamation

false statements either cause a person to be ridiculed or damage the person's reputation

Libel

written defamation

Slander

spoken defamation

Medical Malpractice Insurance

Average cost (doctors) is about $40,000 per year

OB/GYNs, surgeons

Some medical specialties pay higher rates: $100,000 - $200,000 per year

Parts of a Contract

1. Offer: a competent person enters into a relationship with a healthcare provider and offers to be a patient 2. Acceptance: the healthcare provider gives an appointment and treats the patient 3. Consideration: the payment made by the patient for the services provided

implied Contracts

obligations that are understood without verbally expressed terms

Expressed Contracts

stated in distinct and clear language, either orally or in writing

breached contract

If a contract is not performed according to the agreement, it is breached, and can be cause for legal action

legal disability

A person who has a legal disability cannot legally form a contract

Agent

person working under the supervision of an employer

Principal

employer

principal's liability

The principal is responsible or liable for the actions of the agent and can be required to pay or otherwise compensate people who have been injured by the agent.