Medical laws and ethics

Autonomy

is the freedom to determine one own actions and decisions

Advance directives

written statements of a person’s wishes regarding medical treatment, such as a living will

Subpoena Duces Tecum

A requirement to bring requested documentation to the court of law when appearing for the summons

Physican Orders For Life- Substaining Treatment ( POLST)

Type of advance directives , typically reserved for patients who may be near end of life

DO- NOT-REUSICATE (DNR)

A medical order preventing healthcare providers from performing CPR in the event of cardiac arrest.

Durable Power of Attorney (DPOA)

A legal document that allows an individual to designate another person to make healthcare or financial decisions on their behalf if they become unable to do so themselves.

Patients Bill of Rights

Are to help patients feel more confident in health care system to strengthen the relationship between patient s health care provider by defining their rights and responsibilities

The American Hospital Association (AHA)

Created the original patient Bill of Rights in 1973, which providers guidelines and guarantees by federal law to ensure protection and safety of the patient.

Health Information Technology For Economic and Clinical Health (HITECH)

Law that includes provisions that allow for increased enforcement of the privacy and security of electronic transmission of patient information, such as prohibiting the sale of PHI, making business associates and vendors liable for compliance with HIPAA, and creating a penalty and violation system.

Genetic Information Nondiscrimination Act. (GINA)

Prohibits genetic discrimination in health coverage and employment

Controlled substances ACT: (CDA)

Statute that identifies all regulated substances into one of five schedules depending on potential for abuse

The Emergency Medical Treatment and Active Labor Act (EMTALA)

Law that requires any hospital emergency department that receives payments from federal health care programs, such as Medicare and Medicaid, to provide an appropriate medical screening to any patient seeking treatment.

The Clinical Laboratory Improvement Act (CLIA)

A 1988 amendment that regulates federal standards that apply to all clinical laboratory testing performed on humans in the United States

Title VII of Civil Rights Act of 1964

Law that prohibits an employer with 15 or more employees from discriminating on the basis of race, national origin, gender, or religion.

Americans with Disabilities Act of 1990 (ADA)

Law that forbids discrimination based on disability

Heads of the European Radiological Protection Competent Authorities (HERCA)

An association which identifies radiation protection issues and proposes possible solutions

Good Samaritan Acts

Law that allows bystanders to get involved in emergency situations without fear that they will be sued if their actions inadvertently contribute to a person’s injury or death

Anti-Kick Back Statute (AKBS)

Criminal law that prohibits receiving benefits for referral or business involving federal health care programs.

The Occupational Safety and Health (OSH) Act

provides enforceable standards and regulations on safety and health in a workplace setting. This includes employers providing proper equipment and training on disposing of needles and precautions on needlestick injuries.

Administrative safeguards

are used to refer to the policies and procedures documented in writing that show how covered entities comply with HIPAA.

Physical safeguards

refer to the physical monitoring and access to PHI. ​​​​​​​

Technical safeguards

refer to the responsibility of the health care provider to monitor and safeguard patient information through all technology-related items.

malpractice

Any treatment by a medical professional that does not follow the standards of care.

torts

Wrong,” or a harmful act committed by one individual to another.

implied consent

Consent granted when a patient assumes the position and allows the medical professional to perform it.

informed consent

An oral or written agreement of mutual communication that ensures the patient has been notified about their health care choices before making them.

Which of the following patients can give informed consent for a routine procedure?

Competent adults can give informed consent. Minors cannot give informed consent, except in the case they are married, emancipated, or living independently. Minors may also give consent, including the case of seeking birth control or care during pregnancy, treatment for sexually transmitted infections, or treatment for substance abuse.

Living Will

A written document detailing the treatment preferences in the event a patient is unable to make medical decisions and identifying a health care proxy

Misdemeanors

These are lesser crimes punishable usually by monetary fines established by the state but may also include imprisonment of 1 year or less

Felonies

These are more serious crimes punishable by larger fines and/or imprisonment for more than 1 year, and in some states, the death penalty may be levied on a convicted felon for severe crimes, such as murder.

What are the 4 D;s of negligence

• Duty of Care: One party has a legal obligation to act in a certain manner toward the other.

• Dereliction of Duty: Also called a breach, this is a failure to use reasonable care in fulfilling the duty.

• Direct Cause: The failure in the duty leads to harm suffered by the injured person.​​​​​​​

• Damages: The harm or injury can be remedied by monetary compensation.

Which of the following parties does ownership of a patient;s medical record usually remain with

Health care provider

Which of the following protects patients health information and set rules and limits on who can view and receive the information

HIPAA

Which of the following basic elements of negligence protects a provider if they fail to provide care in after- hours emergency involving someone in the community who is not an established patient?

Duty of Care