Unit 4 Legal & Ethics in health care

What is a law?

A rule that must be followed. 

Who creates laws?

Federal, state, or local government.

What can happen if you do not follow the law?

Legal action

What is criminal law?

Deals with wrongs against a person, property, or society.

What are some examples of criminal law?

Illegal possession of drugs, misuse of narcotics, theft, sexual assault, and murder.

What is civil law?

Focuses on legal relationships between people and the protection of a person’s rights.

What is a tort?

Wrongful act that does not involve a contract.

What are torts usually called?

Civil wrong.

When can torts happen in the medical field?

When a person is harmed or injured because a health care provider does not meet the established or expected standards of care.

What is malpractice typically called?

Professional negligence

What are some examples of malpractice?

Not administering correct medicine and a nurse performing minor surgery without any training.

What is negligence?

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

What are some examples of negligence?

Falls and injuries due to side rails that are left down, and also using or not reporting defective equipment.

What is assault?

A threat or attempt to injure.

What is battery?

Unlawful touching of another person without consent.

What are some examples of assault and battery?

Performing procedure after patient refuses to give consent.

What procedures require written consent?

Surgery, certain diagnostic tests, and treatment of minors.

What is informed consent?

Permission granted voluntarily after procedure has been explained in understandable terms.

When can verbal consent be accepted?

When it’s informed. 

What is physical invasion of privacy?

Unnecessary exposure of a patient.

What is informational invasion of privacy?

Revealing personal information without consent?

What are some examples of privacy invasion?

Sending info to insurance company without consent, informing news media about individual without authority, improper draping of a patient.

What is false imprisonment?

Restraining an individual or restricting an individual’s freedom without authorization.

What are some examples of false imprisonment?

Keeping ppl hospitalized against will, application of physical restraints.

What is AMA?

Against medical advice. 

What happens if a patient refuses to sign an AMA?

Document it.

When should physical restraints be used?

Use to limit patient movement, protect patients from themselves.

What is abuse?

Any care that results in physical harm, pain or mental anguish.

What are the different types of abuse?

Physical, sexual, psychological, verbal. 

What are signs and symptoms of someone experiencing abuse?

Unexplained bruises, fractures, burns injuries, poor personal hygiene, irrational fears/change in personality.

What do you do if you suspect a patient is being abused?

Report to supervisor, talk to patient privately.

Who is required to submit suspicions of abuse?

Health Care workers.

What is the definition of defamation?

False statements cause a person to be ridiculed or cause damage to his or her reputation. 

What is slander?

False info is spoken.

What is libel?

False info is written

What is a contract?

Agreement between 2 or more parties.

What are the three parts of a contract?

Offer, Acceptance, Consideration

What is the offer?

Hospital/doctor has a treatment or service they can offer.

What is acceptance?

Patient makes appointment with the doctor.

What is consideration?

Patient receives treatment.

What does implied mean?

Cause obligations are understood without verbally expressed. 

What does expressed mean?

Stated in distinct and clear language.

What is a legal disability?

Can’t make legal decisions on your own.

What are four examples of legal disability?

When you are a minor, mentally incompetent, under influence, semi/unconscious,

What is a breach of contract?

Contract requires certain standards of care by competent, qualified individuals.

What are two examples of breach of contract?

Failure to provide proper care, failing to pay.

What is an interpreter?

Someone who can explain to non english speaker or deaf.

What is an agent?

Person who works under control of another person (principal). 

What is privileged communication?

All confidential info (unless consent) given to health personnel by a patient.

What type of information is exempt by law and must be reported?

Births/deaths, injuries caused by violence, drug abuse, and communicable diseases (and STDs).

What are health care records?

Recordds that contain your medical care information.

What are electronic health care records?

Health Care records that require extra safety from hacks.

What is the health information exchange?

A system that allows for the electronic sharing of patient health information among different healthcare organizations to improve care coordination.

What are the benefits of HIE?

HIE improves care coordination, reduces duplicate tests, enhances patient safety, and facilitates timely access to patient medical information across different healthcare settings.

What is the privacy act?

Federal law protecting privileged communication.

What is HIPAA?

Covers all things in privileged communications and health records.