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.