Chapter 3 Healthcare Legal and Ethics TCHS

Medical Law

whether a healthcare worker's actions are legal or illegal

Medical Ethics

whether a healthcare worker's actions are right or wrong .

Values

concepts, ideas and beliefs that are meaningful to a person

Civil Law

refers to laws enforcing private rights

Criminal Law

deals with criminal behavior that could have consequences such as incarceration.

Patient's Bill of Rights

guarantees fair treatment and appropriate information for those receiving medical care

Ombudsman

A healthcare team member who helps to ensure patients are not abused and their legal rights are protected

Patient Self-Determination Act

law requiring most healthcare institutions to inform patients of their rights during admission

Advance Directive (AD)

legal document in which patients give instructions about healthcare decisions in case he or she becomes incapable of making decisions

Do Not Resuscitate (DNR) Document

is an advanced directive which states that no extraordinary measures should be taken if a patient's heart and breathing stop.

Durable Power of Attorney

legal document granting another person the right to make legal decisions for a person.

Guardian

A court-appointed person who may make decisions for a patient who is mentally or physically incapable of making such decisions.

Emancipated Minor

person under 18 who is legally and financially responsible for himself or herself as a result of court action

Duty of Care

A legal obligation for healthcare personnel to take reasonable care to avoid causing harm to a patient.

Negligence

performing an act that a reasonable person would not have done or failing to do something that a reasonable person would have done in the same or similar circumstance. that result in harm to a patient.

Good Samaritan Laws

A law that protect people from legal action after they have given emergency medical aid

Arbitration

method of resolving disputes outside the courtroom

Malpractice

any misconduct or lack of skill resulting in patient injury

Assault

A threat or attempt (without touching )to injure a person

Battery

Touching a person without consent that causes a injury.

Defamation

Damaging someone's good name or reputation.

Slander

Saying something that damages someone's good name or reputation.

Libel

A written statement that damages someone's good name or reputation.

Standard of Care

Reasonable and prudent care that a practitioner of a similar qualifications would have to performed in the same or similar situation.

Statute of Limitations

amount of time during which legal action may be taken

Confidentiality

The practice of allowing only certain individuals the right to access information; ensures that others.

Health Insurance Portability and Accountability Act (HIPAA)

An act approved by the US Congress in 1996 and fully enforced in 2006; includes a privacy provision for patient health records.

Informed Consent

A form, given to a patient by a doctor, explaining the benefit and risks of a procedure; the patient accepts the risks by signing the form.

Sexual Harassment

Unwanted sexual harassment advances and other forms of offensive sexual behavior; both men and women can be sexually harassed.

Discrimination

The act of unfairly treating a person or a group of people differently from others.

Reasonable Care

legal protection for a healthcare worker if that worker acted reasonably compared to other persons in the profession in the same situation