AHSC 450 EXAM 2

Negligence

Failure to act in a reasonable and prudent manner under given circumstances

1. Three types (malfeasance, misfeasance and nonfeasance)

Malfeasance

Performing a wrongful act

Misfeasance

Performing a correct act in an improper way

Nonfeasance

Failing to act when a duty exists

Commission

Doing something you shouldn't have done

1. Wrong medication

Omission

Failing to to something you should have done

1. Not giving medication

Battery

Intentional touching of another person without consent

Assault

Threat of harm that makes a person fear they will be harmed

False Imprisonment

Restricting someone's freedom without legal justification

Defamation

Damaging someone's reputation

Libel

Written defamation

Slander

Spoken defamation

Tort

Civil wrong (not criminal) that causes harm and leads to legal liability

Forseeability

Reasonably anticipate harm may result from certain factions or inactions

Causation (Proximate Cause)

Clear link between negligent act and the harm caused

Duty to Care

Legal obligation to provide reasonable care to avoid causing harm

Statutory Law

Written law passed by federal or state legislatures

Common Law

Law developed through court decisions and judicial precedent

Administrative Law

Rules and regulations created by administrative agencies

1. HHS, CMS, etc.

Constitutional Law

Derived from U.S Constitution

1. Includes 14th Amendment (guarantees equal protection under law)

HIPPAA (Health Insurance Portability and Accountability Act)

Protects privacy, confidentiality and security of patient health information

EMTALA (Emergency Medical Treatment and Labor Act)

Prohibits "patient dumping"

1. Hospitals must treat and stabilize emergency patients (regardless of ability to pay)

Patient Self-Determination Act (1990)

Ensures patients are informed of their rights

1. Make advance directives

2. Accept or refuse care

Health Care Quality Improvement Act (HCQIA)

1. Encourages quality care

2. Protects those who report incompetence or misconduct

Ethics in Patient Referral Act (Stark Law)

Prohibits physicians from referring Medicare patients to entities where they have financial interest

Governing Body/Board of Directors

Holds ultimate responsibility for decisions and actions of a healthcare organization

Express Authority

Powers directly granted by corporate charter

Implied Authority

Powers necessary to carry out express authority

Corporate Code of Ethics

Outlines organizational values and expected ethical behavior

1. Guides employees in carrying out mission and vision

Conflict of Interest

When personal or financial interests interfere with professional judgement or organizational responsibilities

Culture of Safety

Healthcare organizations must foster these at all levels

1. Integrity

2. Trust

3. Patient safety

4. Respect

Physician's Ethical Duties

1. Respect rights and privacy of patients and colleagues

2. Maintain confidentiality within legal limits

3. Provide competent care with compassion and respect

4. Seek consultations when appropriate and perform complete examinations

Misdiagnosis

Diagnosing and treating a disease that a patient doesn't actually have (violating standard of care)