Studied by 385 peopleAssault
When a threat or attempt is made to touch a patient without his or her permission.
liability
The state of being responsible or liable for something.
autonomy
The capacity and right of rational people to self-determination. The capacity the patient has to act intentionally with understanding and without controlling influences.
libel
When defamation of character is written down.
Battery
Occurs when a non-consenting patient is actually touched.
Duty
A moral or legal obligation. Obligatory tasks, conduct, service, or functions that arise from one’s position.
Deontology
The normative ethical theory that morality of actions should be determined by whether the action itself is right or wrong using rules and principles. Another definition for it is the study of the nature of duty and obligation.
Consequentialism
A theory that the value/moral value of an action should be judged by consequences. The consequences of one’s actions are the basis of if that conduct was right or wrong.
litigation
A legal proceeding in a court, also known as a law suit.
breach of duty
Failure to act with the care that a reasonable person would use in their situation. A violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification. A failure to perform a duty that they are legally responsible for.
Res Ipsa Loquitur
A principle used in tort law that the occurrence of an accident implies negligence.
beneficence
The doing of good by performing actions that benefit others and weigh the good of the actions against the risks.
Proximate Cause
A cause that begins a sequence of events that leads to an injury that would not have occurred if the beginning cause had not occurred. It is used so that the court can deem the event to be the cause of the injury.
living will
An advance directive that documents what steps, if any, are to be taken in order to save or prolong a person’s life. Goes into effect when the person is incapacitated.
civil law
Also known as private law, focuses on issues between private citizens, such as medical malpractice.
malpractice
Any illegal, unethical, or immoral behavior that results in failure of duties and responsibilities on the part of a healthcare professional. It is a type of negligence
civil rights
The basic legal rights held by all U.S. citizens.
Misrepresentation
Giving a false or misleading representation usually with an intent to deceive or be unfair during negotiations from one party to another.
Common law
A traditional civil law of an area or region resulting from rulings by judges on individual disputes or cases.
Negligence
Careless or senseless behavior by a healthcare practitioner that results in harm.
Constitutional rights
The rights afforded to all citizens through the U.S. constitution.
Nonmaleficence
The doing of no harm by not causing needless harm and injury to the patient.
Criminal law
Law concerned with punishing those whose conduct is so harmful or threatening to society that is prohibited by government statute.
Paternalism
A system which authority undertakes to give needs or regulate conduct for those under its control in matters affecting those individuals for their supposed “best interests”.
Defamation
Making false or malicious statements that do harm to a person’s reputation.
Plantiff
The party who brings the case against the other in the court of law.
Defendant
The party who is being sued/ accused in the court of law.
Privileged communication
A defamatory communication that keeps the communicator innocent, causing the liability that would follow from it if no privileged.
Justice
The treating of others equally and fairly.
Legal Guardian
Someone who is appointed by a judge to act for another person, such as a minor or mentally incompetent adult.
Durable Power of Attorney
An advance directive that designates a person to make health care decisions on behalf of the patient in the event the patient becomes incapacitated.
Professionalism
A quality all employers seek that involves a set of values, behaviors, and relationships that form a foundation on which patient and colleague trust is formed.
ethics
A set of guidelines that help determine right or wrong behavior in health care. They help reflect the values of a certain group.
public law
Focuses on the issues between a government and its citizens and involves the three main categories: criminal law, constitutional law, and administrative law.
expressed consent
Permission given to another specifically whether it be verbal or written.
Restitution
Compensation for a wrongful act that results in harm.
False imprisonment
An attempt to restrain an individual or restrict his or her freedom.
Slander
When defamation of character is spoken.
Risk management
When a group of people determine the least risky option through detection, monitoring, assessing, mitigating, and prevention of these risks.
Defensive medicine
Medicine practiced in a specific manner in which to avoid/reduce malpractice litigation, usually by use of excessive diagnostic testing.
Felony
A grave crime that is usually punishable by more than one year in prison or by death.
Standard of Care
The degree of care/competence required to be given for a specific role or circumstance.
Fidelity
The keeping of promises regardless of payment, expectations for payment, or the personal characteristics of the patient.
Statute of limitations
A statute prescribing the period of limitation for the bringing of certain types of legal action.
Fraud
The false representation of facts for financial or personal gain.
Statutory Law
Laws that are enacted by federal, state, and local legislators and enforced by the court system.
HIPAA
An act that contains regulations often referred to as the privacy rule and it protects a patient’s personal health information from being used or shared without their written consent.
Suit
An action or process in court to restore a right or claim. A claim or dispute brought to the court of law for adjudication.
Human Rights
The fundamental rights of all people regardless of citizenship status.
Tort
Any wrongful act that results in harm for which restitution or compensation must be made. Penalties for torts are payments.
Implied consent
When a patient does not sign a written statement but gives permission for care to be provided or is assumed to have given permission if unconscious.
Unintentional torts
Accidents or mistakes that result in harm.
incapacitated
When a person is unable to make his or her own medical decisions.
Veracity
Honesty; The patient’s right to know the truth without the acting of deceit and being honest and forthcoming.
Informed consent
When patients are given information about their care and voluntarily consent to particular treatments or procedures.
Ward
The person who is under legal guardianship.
Intentional Tort
Deliberate acts intended to cause harm. Not very common and must be deliberate and willful action.
Invasion of privacy
When a provider who intentionally or unreasonably exposes a patient’s body or reveals a patient’s personal information without consent.
What are the three types of public law?
Criminal law, constitutional law, administrative law
Constitutional Law
The body of rules, doctrines, and practices that govern the operation of political communities.
Criminal Law
A part of public law that is focused on the punishment of those who commit crimes.
Administrative Law
A part of public law that deals with laws and legal principles that govern the administration and regulation of government agencies.
ETOHOB
Alcohol on Breath
AAO x 4
Alert, Awake, Oriented (Person, Place, Time, Event)
DNR
Do Not Resucitate. It is a request to not receive CPR if the heart stops or if you stop breathing.
Intentional Torts Include:
Assault, battery, false imprisonment, invasion of privacy,
Negligence suit needs
Duty, breach of duty, causation, harm
When a negligence suit is filed it is
a charge of malpractice
Implied consent covers
Under the influence, not of sound mind, minor, and loss of conciousness
Palliative care
Keeps a person comfortable and manages their pain
Organ Donation
Specification if you want your organs, tissue, or body donated and which specific ones you want to give away
Ventilation
When a machine takes over your breathing
Tube feeding
When somebody is fed through a tube in the stomach or through an IV
Death with Dignity
When a qualified terminally ill patient requests and obtains a prescription for medication that the patient may choose to self-administer to end the patient’s life in a humane and dignified manner, which is based on an appreciation of the relevant facts and after being fully informed by the attending physician.
What facts should a physician look at before giving a prescription for death with dignity?
The patient's medical diagnosis, the patient's prognosis, the potential risks associated with taking the prescribed medicine, the probable result of taking the medicine prescribed, and the feasible alternatives to taking the medicine.
What does "POLST" stand for
Physician Order for Life Sustaining Treatment
What does HIPAA stand for?
Health Insurance Portability and Accountability Act
When was HIPAA signed into law?
1996
Who signed HIPAA into law?
The Clinton Administration
Who does HIPAA protect?
Patients in a healthcare setting
What are the five basic rules of HIPAA?
The privacy rule, security rule, transaction rule, identifiers rule, and the enforcement rule
How far do confidentiality dates go back to?
The Hippocratic Oath
How many patient rights are there?
7
Which state has the most HIPAA breaches?
California
How long can PHI be held for after you die?
50 years
Why was HIPAA created?
To bring a balance between improving flow of information and protection of patient privacy.
What does the privacy rule do?
Protects the personal health information and the medical records of individuals
What does the security rule do?
Defines and regulates the standards, methods, and procedures related to the protection of electronic PHI on storage, accessibility, and transmission.
What does the transaction rule do?
Regulates data transmission specifications that govern how data is electronically transferred from one computer to another. The rule defines the types of electronic transactions subject to HIPAA, and specifies the exact format for each transaction record.
What does the identifiers rule do?
Requires all healthcare entities, including individuals, employers, health plans and healthcare providers, to have a unique 10-digit national provider identifier number.
What is PHI?
Personally identifiable information found in medical records and conversations between doctors and nurses regarding patient treatment.
What does PHI include?
Billing info and any information that can be used to identify an individual in a health insurance company's records.
What is the "need to know" principle?
The "minimum necessary standard" states that protected health information should not be used of disclosed when it is not necessary to satisfy a particular purpose or carry out a function.
What is reportable patient information?
Births, deaths, adverse reactions to meds or vaccines, child abuse, elder abuse, crimes/violence, communicable diseases, and error by other physicians.
Where can PHI be found?
Medical documentation/forms, records of communication, blood tests, prescriptions, billing info, MRI/X-RAY results, and doctor/clinical appointments.
What did the HIPAA act allow the Department of Health and Human Services to set standards for?
The safeguarding of identifiable health information and increasing the efficiency and effectiveness of the healthcare industry as a whole.
What does the enforcement rule do?
Establishes guidelines for investigations into HIPAA compliance violations.
What is the percentage of complaints that have ended in a financial settlement since the compliance date of the privacy rule?
0.04%
What are the three goals of the patient bill of rights?
Strengthening consumer confidence that the healthcare system is fair and cares about their needs, reaffirming the strong relationship between patients and their health care providers, and reaffirming the critical role consumers play in safeguarding their own health.
What should a healthcare professional always be?
An advocate
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