Legal and Ethical Responsibilities: HST Vocabulary

abuse

abuse

any care that results in physical harm or pain, or mental anguish

advance directives

legal document designed to indicate a person’s wishes regarding care in case of a terminal illness or during dying process

agent

someone who has the power or authority to act as the representative of another

assault and battery

assault includes a threat or attempt to injure, and batter includes the unlawful touching of another person without consent

civil law

laws that focus on the legal relationships between people and the protection of a person’s rights

confidentiality

information about the patient must remain private and can be shared only with other members of the patient’s health care team

consumer bill of rights and responsibilities

a list of patient’s rights, implemented by the department of health and human services, that must be recognized and honored by health care providers

contract

to shorten, decrease in size, or draw together; an agreement between two or more persons

criminal law

law that focuses on behavior known as crime; deals with the wrongs against a person. property, or society

defamation

slander or libel; a false statement that causes ridicule or damage to a reputation

designation of health care surrogate

a person you authorize to make medical decisions for you when you are unable to

durable power of attorney (POA)

a legal document that permits an individual (principal) to appoint another person to make any decisions regarding health care if the principal becomes unable to make decisions

ethics

principles of right or good conduct

expressed contracts

contracts enumerated and have a specific date

false imprisonment

restraining an individual or restricting an individual’s freedom

health care records

records that contain information acquired by an individual in a health care facility such as a hospital or long-term care facility

health insurance portability and accountability act (HIPPA)

set of federal regulations adopted to protect the confidentiality of patient informational and the ability to retain health insurance coverage

implied contracts

a contract or agreement that creates obligations without verbally expressed terms

informed consent

permission granted voluntarily by a person who is of sound mind and aware of all factors involved

invasion of privacy

revealing personal information about an individual without his or her consent

legal

authorized or based on law

legal disability

a condition in which a person does not have legal capacity and is therefore unable to enter into a legal agreement (for example, as is the case with a minor)

libel

false written statement that causes a person ridicule or contempt or causes damage to the person’s reputation

living wills

legal documents stating a person’s desires on what measures should or should not be taken to prolong life when his or her condition is terminal

malpractice

providing improper or unprofessional treatment or care that results in injury to another person

negligence

failure to give care that is normally expected, resulting in injury to another person

omnibus budget reconciliation act (OBRA)of 1987

federal law that regulates education and testing of nursing assistants

patient protection and affordable care act (PPACA)

a federal statute signed into law and designed to expand access to affordable health coverage in the United States

patient self-determination act (PSDA)

s federal law that mandates that every individual has the right to make decisions regarding medical care, including the right to refuse treatment and the right-to-die

patients’ rights

factors of care that all patients can expect to receive

privileged communications

all personal information given to a health professional by a patient; must be kept confidential

residents’ bill of rights

rights guaranteed to residents of long-term care facilities; residents must be informed of these rights, and a copy must be posted in each facility

scope of practice

the procedures, processes and actions that health care providers are legally permitted to perform in keeping with the terms of their professional license

slander

written or oral statements

tort

a wrongful or illegal act of civil law not involving a contract