exam 2

civil law

based on rules and regulations. used to distinguish area of law concerned with rights and duties of private persons and citizens. divided into many different types of law

tort law

compensation to those wrongfully injured by others, malpractice

civil wrong committed against person/property, based on fault

standard of care

level or degree of quality considered adequate by a given profession

negligence

failure to do something that a reasonable person would do in similar situation

malpractice

negligence committed by a person in professional capacity. any professional misconduct, unreasonable lack of professional skill, failure to adhere to accepted standards of care causes injury

breach of duty

failure to satisfy moral, ethical, or legal obligations

foreseeability

asks whether a person could or should reasonably have foreseen the harms that resulted from their actions

duty of care

a legal duty to provide a reasonable standard of care to your patients and to act in ways that protect their safety. A duty of care exists when it could reasonably be expected that a person‟s actions, or failure to act, might cause injury to another person.

causation

the capacity of one variable to influence another

injury

when one feels they have violated their conscience or moral compass when they take part in, witness or fail to prevent an act that disobeys their own moral values or personal principles.

general damages

compensate for the injury itself, pain and suffering, any permanent disability from the injury

special damages

all losses and expenses incurred as a result for the injury. medical bills, lost wages, cost of future medical care and cost of converting current living area

emotional damages

compensated for if any emotional well being is damaged

punitive/exemplary damages

awarded if there is malicious, willful or wanted misconduct. must show defendant acted without concord regard for safety

assault

action that places another person in apprehension of being touching in a manner that is offensive, insulting, or physically injurious without consent

touching not need to occur

battery

unlawful, harmful or unwarranted touching of another person or carrying out of threatened physical harm, no harm or injury actually need to occur

false imprisonment

unjustified restraint without consent

right to privacy/invasion

protection of personality as well as protection against interference with ones right to be left alone

be free from unwanted publicity

defamation

wrongful injury to another reputation

inaccurate or inappropriate release of medical info or from untruthful statements about others

fraud

deliberate deception for the purpose of securing an unfair or unlawful gain

Americans with disabilities act

mental disorders that affect the ability to think, learn, concentrate, sleep, communicate, or impact major life activities

same

the mental health parity and addiction equity act state that if providing health insurance mental health insurance must be the ____

uniform anatomical gift act

pertains to organ/tissue donation

EMTALA

federal law that requires anyone coming to the ED to be stablized and treated, regardless of insurance/ ability to pay

anti dumping

law to prevent hospitals from transferring uninsured or medicaid patients to public hospitals without providing minimum screening exam to ensure stable to transfer

patient self-discrimination act

involve right of individual to decide what will or will not happen to their bodies, concern all aspects of consent and ability to refuse treatment

living will

used for decisions only when person become unable to make own choices

POLST

physical order that states what patients wants/doesnt want

HIPPA

federal regulation, protect ppl from disclosure of personal health information other than for the provision of health care and others on need to know basis

privacy rule

protect all identifiable health information

security rule

privacy safeguards for electronic protected health info to assure confidentiality, integrity and availability of this info

affordable care act

comprehensive healthcare form

improve quality, lower healthcare costs, provide greater acesss to healthcare, consumer protection

2019 tax cuts and jobs act

repealed mandate for individual insurance

good Samaritan law

allow healthcare to provide care outside of facility without fear of penalty