Chapter 4 - Medical, Legal, and Ethic Issues

Ethics

Principals, both societal and personal, that help determine what is right or wrong.

Applied Ethics

Refers to the use of ethical values.

Morality

Pertaining to consciousness, character, and conduct.

Consent

Agreement by patient to receive medical care

Common Law

A decision made by a judge through a court case based on interpretations of statutes and constitutions. Can be overturned by higher or issuing court.

Civil Lawsuit

An lawsuit brought upon by an institution or individual against another institution or individual.

Plaintiff

Person who brings legal action against another.

Defendant

Tort

Wrongful act that gives rise to a civil lawsuit.

Actionable Cause

A claim that meet all 4 criteria for finding negligence.

A finding of negligence has _ criteria that must be met.

4

What must be present for a finding of negligence?

A duty to act

Intentional tort

Wrongful acts that are preformed on purpose.

Unintentional Tort

Wrongful acts that are preformed without intent to harm but lead to harm.

Damages

Compensation for injury awarded by a court.

Punitive Damages

Compensation, usually monetary, awarded to plaintiff(s) for intentional or reckless acts committed by defendant.

Criminal Prosecution

An action instituted by the government against a person for violation of criminal law.

Assault

Occurs when a person instills fear of bodily harm or breach of bodily security into another.

Battery

Occurs when a person touches another in a harmful/offensive way and/or without obtaining consent.

False Imprisonment

Occurs when a person is intentionally and unjustifiably detained by another.

Defamation

Intentional false statements, either oral or written, that injures a persons’ name or reputation.

Libel

False statement in written form that ruins a persons’ name or reputation.

Slander

False verbal statement that injures a person’s name or reputation.

Court of Original Jurisdiction

Court where the action is first filed.

Discovery Period

A interval in which attorneys gather more information about the case.

Motions

A request for the court to take an action.

(True or False) Arbitration is when a panel of arbitrators makes a decision based on evidence given by both sides.

False

Barrowed Servant Doctrine

Principle that absolves an institution of liability when a member goes beyond scope-of-practice by following another’s orders.

Due Process

A person’s right to a fair procedure for a legal action a person or agency.

Medical Practice Act

Act that defines minimum qualifications for those preforming health services, defines skills that each type of practitioner is allowed to use, and establishes mean of licensure and certification for different healthcare professionals.

Scope of Practice

Describes what a state permits a medical professional acting under a certification or licensure to do.

Health Insurance Portability and Accountability Act (HIPAA)

Federal law that provides criminal sanctions and civil penalties for the unauthorized release of protected health information.

Protected Health Information

Any identifiable health information created, disclosed, used, maintained, or transmitted related to providing health care services.

Emergency Medical Treatment and Active Labor Act (EMTALA)

Federal law enacted to combat the act of patient dumping.

What year was EMTALA enacted?

1986

Economic Triage

The practice of making healthcare decisions based on a patients’ economic status or ability to pay.

Immunity provisions

protects healthcare personnel that file reports from legal liability, under assumption that it was filed with good intention.

Decision-making capacity

Patients ability to understand and process information given.

Informed consent

Patient’s voluntary agreement to treatment after being told about nature of disease, risk and benefits of treatment, alternative treatments, or the choice of no treatment at all.

Expressed Consent

Informed consent obtained from the patient in written, verbal, or other action that gives permission to provide care.

Implied Consent

Assumption on behalf of a person unable to give consent that the person would have done so.

Involuntary Consent

Term often used to describe a figure of authority dictating medical care given in the event a patient is in custody, incapacitated, or a minor.

In loco parentis

“In place of parent”; used to describe situations in which a designated authority figure makes medical treatments and transport decisions on behalf of a minor when a guardian or parent is unavailable.

Emancipated Minor

A person who is younger than legal age but is legally considered an adult due to other circumstances.

Negligence

Action or lack there of on part of a healthcare provider that does not meet standard of care expected from a similar provider that results in injury to the patient.

Foreseeability

Concept that implies consequences could’ve and should’ve been foreseen and reasonably avoided.

Malfeasance

Negligence that occurs when an unauthorized act is preformed.

misfeasance

Negligence that occurs when an act that is authorized is preformed incorrectly.

Nonfeasance

Negligence that occurs as a result of not completing or preforming an expected act.

Duty

Legal obligation for public and certain other ambulance services to respond to a call for help in their jurisdiction.

Legal Obligation

Duty that is enforceable in the court of law.

Standard of Care

Ordinary Negligence

Negligence that results from a failure to act or simple mistake that causes harm to a patient.

Gross Negligence

Negligence that is willful, wanton, intentional, or reckless.

Good Samaritan Law

Statute that provides limited immunity from liability when responding voluntarily and in good faith to the aid of a person outside a hospital.

Willful Misconduct

Intentional disregard for safety of others.

Wanton Misconduct

Reckless disregard or indifference for safety and rights of others while knowing harm or injury may result.

Res Ipsa Loquitur

Theory of negligence that assumes an injury can only occur if a negligent act is present.

Negligence Per Se

Inexcusable volitation of a statute.

Proximate Cause

Specific reason that an injury occured.

Abandonment

Termination of medical care without giving the patient sufficient opportunity to find another qualified healthcare professional.

Patient Autonomy

Patient’s right to direct ones own medical care and make end-of-life decisions.

Advance Directive

A written or oral statement that expresses desires of an individual in regards to future medical care.

Living Will

Advanced directive generally requiring a precondition for withholding resuscitation when a patient is incapacitated.

Healthcare Power of Attorney

Legal document that allows another person other than themselves to make healthcare decisions in the case they are incapacitated.

Surrogate Decision Maker

Person designated by a patient to make healthcare decisions as the patient would want when the patient becomes incapable of making decisions.

Do Not Resuscitate Order

A type of advanced directive that describes what life-sustaining measures should be taken in the event of sudden deterioration of a person’s medical condition.

(True / False) A POLST is the same as a DNR.

False

Palliative Care

Medical care intended to provide comfort and relief of symptoms related to serious illnesses.

Statute of Limitations

Laws that limit the period in which a lawsuit may be filed.

Contributory Negligence

Act(s) committed by plaintiff that contribute to adverse outcomes.

Qualified Immunity

Governmental Immunity

Quid Pro Quo

Circumstance in which a person of authority exchanges some work-related benefit for an inappropriate employee action.

Hostile Environment

A situation in which an employer or agent of employer creates an offensive practice related to sex or allows it to continue in a way that makes work uncomfortable or impossible for an employee to continue working.

Ryan White Act

Federal law that provides safeguards and protections for healthcare workers that are or potentially exposed to certain diseases.

National Labor Relations Act

Federal law that establishes union, union worker rights, and what is considered unfair labor practices.

What is another name for the National Labor Relations Act?

The Wagner Act

What is another name that refers to common law?

Case law

What are the two components of due process?

Notice and Opportunity to be heard

What agency oversees issues involved with EMTALA?

Centers for Medicare and Medicaid Services

(True / False) False imprisonment can include the use of restraints.

True