Unit 4: Legal and Ethics in Health Care

What is a law?

rule that must be followed

Who creates laws?

Federal, state or local govt

What can happen if you do not follow the law?

legal action/ sued

What is criminal law?

focuses on crime/deals with wrongs against a person, property, or society

What are some examples of criminal law?

practicing without having required license

What is civil law?

legal relationships between people

What is a tort?

wrongful act that doesn’t involve a contract

What are torts usually called?

civil wrong

When can torts happen in the medical field?

when person is harmed/injured

What is malpractice typically called?

bad practice

what are some examples of malpractice?

nurse performing minor surgery without training

What is negligence?

Failure to give care

What are some examples of negligence?

using defective equiptment

What is assault?

can include a threat/attempt to injure

What is battery?

unlawful touching

What are some examples of assault and battery?

Threaten a patient

What procedures require written consent?

Surgery

What is informed consent?

Verbal consent

When can verbal consent be accepted?

after the procedure has been explained in terms the patient can understand

WHat is physical invasion of privacy

unnecessary exposure of a patient

What is informational invasion of privacy?

Revealing personal info about patient withtout consent

What are some examples of privacy invasion?

improper draping of patient

What is false imprisonment?

restraining an individuals freedom without authorization

What are some examples of false imprisonment?

keeping people hospitalized

What is AMA?

against medical advice

What happens if a patient refuses to sign an AMA?

documentation

When should physical restraints be used?

to limit patient movement, protect patients, or when physician ordered.

What is abuse?

any care that results in harm 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 rashes and scars, irrational fear

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

Investigate further and tell your higher ups

Who is required to submit suspicious of abuse?

Health care workers

What is the definition of defamation?

false statements that cause a person to be ridiculed or cause damage to his or her reputatip m

What is slander

info spoken

What is libel?

info that is written

what is a contract?

agreement between 2 or more parties

What are the 3 parts of a contract?

offer, acceptance, and consideration

What is offer

a hospital/doc has a treatment/service they can offer

What is acceptance?

the Healthcare accepting appointment

What is consideration

patient receives medicine and healthcare gets payment

What does implied mean?

obligations understood without verbally expressed

What does expressed mean?

stated in a clear and distinct lang

What is a legal disability?

all parties in contract= free of legal disability

What are 4 examples of legal disability?

minors, mentally incompetent, individuals under drugs, semi-consious and unconscious ppl

What is a breach of contract?

contract requires certain standards of care by competnet individuals

What are 2 examples of breach of contract?

Failure to provide proper care and failing to pay

What is an interpreter?

people who help translate

WHat is an agent

person who works under control/ direction of another person

What is privileged communication?

communication that isnt shared to others and kept private until given consent.

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

Births and deaths, Injuries caused by violence, Drug Abuse, and Communicable disease

What are health care records?

Records containing info about your care

What are Electronic health care records?

Safe from hacking and extra security protocols required with these

What is the health info exchange?

Allows all facilities to exchange health information

What are the benefits HIE?

Reduces cost because eliminates repeated procedures

What is the privacy act?

Federal law protecting privileged communication and maintains privacy

What is HIPAA?

Covers all things around Health Information