Negligence/HIPAA

Torts

-A tort is a civil wrong
-The lawsuit is brought against the wrongdoer
-by a person who was injured in person or property.

Negligence

-Negligence is an unintentional tort that injures a person.

Four Elements of Negligence

-Duty
-The Act
-Proximate Cause
-Damages

Duty

an obligation of law imposed on a person to perform or refrain from performing a certain act

Breach

Violation of the established duty. A failure to conform to a standard required. Committing an act that another minimally competent professional would do in the same circumstance.

Proximate Cause

-The breach of the standard of care was the reason for the injury.

Damages

-The individual received physical or emotional injury that effected their future. medical costs, future income, etc.

Assumption of Risk

-is a legal theory that involves consent of the participant and relieves the defendant of a duty which he might otherwise owe the plaintiff with respect to participatory risks

Is it a HIPAA violation if the following occurs: An inappropriate conversation regarding a particular patient takes place in a public area

YES

Is it a HIPAA violation if the following occurs: A careless mistake causes mail containing protected health information to go to a 3rd party who has no need to know this information.

YES

Protected Health Information (PHI)

The HIPAA terminology for individually identifiable health health information in any medium, except such information maintained in education records covered by the Family Educational Rights and Privacy Act (FERPA) and employment records.

Health Insurance Portability and Accountability Act (HIPAA)

is one of the methods that can help keep the medical records of the patients in a protected environment.

Foreseeability of harm

A situation in which danger is apparent, or should have been apparent, resulting in an unreasonable unsafe contion

Standard of care

committing an act that another minimally competent professional would do in the same circumstance

Malfeasance

Individual commits an act that is NOT their responsibility to perform.

Misfeasance

Commits an act that is their responsibility to perform but does it in the wrong procedure or the correct procedure work (mistake)

Nonfeasance

The failure to act when one should (nothing)

Gross negligence

total disregard for the safety of others