EKG Tech Unit 1: Laws, Ethics, and Patient Rights Flashcards

What are laws?

Rules of conduct enacted and enforced by governments.

What are legal responsibilities?

Duties required by law that all people must follow, such as obeying traffic rules and paying taxes.

Why do health care workers have legal responsibilities?

To protect patients, themselves, and their employers.

What does criminal law protect?

Citizens from people who pose a threat to society.

What are some punishments under criminal law?

Community service, fines, loss of license, probation, imprisonment, execution.

What does civil law focus on?

Disputes between people.

Who brings charges in civil law?

The plaintiff.

Who is the alleged offender in civil law?

The defendant.

What is a tort?

A case where a person is harmed due to another person's actions or failure to act.

Give examples of torts.

Assault and battery, false imprisonment, defamation, invasion of privacy, malpractice.

What is the difference between assault and battery?

Assault = threatening harm; Battery = touching without consent.

What is false imprisonment?

Intentionally violating a person's freedom.

What is defamation of character?

Damaging someone's reputation by making false statements.

Define libel and slander.

Libel = false written/published statements; Slander = false spoken statements.

What is invasion of privacy?

Intentionally interfering with a person's right to be left alone.

What is negligence?

Unintentionally harming someone by acting improperly.

What is malpractice?

Professional negligence.

What is scope of practice?

Actions health care workers are legally allowed to perform according to their profession.

What is a contract?

A voluntary agreement between two or more people.

What are the three parts of a contract?

Offer, acceptance, consideration.

What happens if a contract is not followed?

The contract is breached.

Difference between implied and expressed contracts?

Implied = understood without words; Expressed = clearly stated in words or writing.

Who has legal disability?

Minors under 18, mentally incompetent, semiconscious/unconscious, under influence of drugs/alcohol.

What is informed consent?

Permission to perform a procedure after explaining it clearly to a competent, voluntary patient.

Exceptions to informed consent?

Emergencies, minor procedures, or simple tests with minimal risk (varies by state).

What is HIPAA?

Law protecting patients' health information (1996).

What are the main purposes of HIPAA?

Privacy, security, administrative simplification, and insurance portability.

What is privileged communication?

Protected information shared within certain relationships (physician-patient, attorney-client, clergy-counselee).

What are patients' rights under privileged communication?

Notice of privacy, access to records, request restrictions, request confidential communications, request amendments, receive accounting of sharing.

What are signs of abuse?

Unexplained injuries, poor hygiene, emotional problems, malnutrition, bruising in genital area.

What are consequences of breaching confidentiality?

Harms patients, responsible person, and facility; ranges from annoyance to legal action or job loss.

Advantages of electronic medical records (EMR)?

Instant access, remote access, simultaneous access, legibility, organization, automated checks, increased privacy.

Disadvantages of EMR?

High cost, difficult data entry, training needed, downtime, confidentiality concerns.

What are advance directives?

Legal documents that state what medical treatments a person wants or refuses if unable to communicate.

Difference between living will and durable power of attorney for health care?

Living will = states treatment preferences; Durable power of attorney = designates someone to make decisions if incapacitated.

What is the Patient Self-Determination Act?

Requires providers to inform patients of rights, assist with advance directives, document decisions, implement choices, educate staff.

What are human, civil, and client rights?

Human = fundamental rights of all people; Civil = rights of U.S. citizens; Client = rights in a professional relationship.

What is the Patient's Bill of Rights?

A list of rights for patients that providers must honor.

Examples of patient rights?

Right to information, choose providers, emergency services, make decisions, respect, privacy, grievance process.

What is liability?

Being legally responsible for causing harm.

Types of liability?

Personal, supervisory, and employer liability.

How can liability be reduced?

Follow policies, proper documentation, file event reports, use problem-solving skills, risk management.

Difference between policies and procedures?

Policies = what the facility does; Procedures = how the facility carries out policies.

What is risk management?

Process of identifying, evaluating, and preventing harm in health care.

What is ethics vs morals?

Ethics = rules of proper conduct in a group; Morals = personal values.

Examples of a professional code of ethics in health care?

Autonomy, fidelity, beneficence, nonmaleficence, veracity, confidentiality, justice.

What is a bioethical dilemma?

Ethical dilemma involving health care or biological sciences.

What does the EEOC prohibit?

Employment discrimination based on race, color, religion, sex, nationality, disability, age, and other factors.

What is sexual harassment in the workplace?

Unwanted sexual conduct affecting employment, creating hostile environment, or affecting work performance.

What is "just cause" in employment?

Legal, legitimate reason for firing an employee.

What does FLSA require?

Minimum wage, overtime pay, and equal pay for men and women in same role.

What does ERISA regulate?

Health care and pension plans for private-sector employees.

What is the Family and Medical Leave Act?

Allows employees up to 12 weeks unpaid leave for illness, maternity, adoption, foster care, or family health needs.

What is OSHA?

Occupational Safety and Health Administration; enforces workplace safety standards.

What is CDC?

Centers for Disease Control and Prevention; protects people from infectious, occupational, environmental, and terrorist threats.

What is CLIA?

Clinical Laboratories Improvement Amendments; ensures lab test quality and reliability.

What is workers' compensation?

Insurance for employees injured or ill due to work; reimburses medical costs and lost wages.