Legal and Ethics in HC

Civil

Focuses on legal relationships between people and the protection of their rights.

Criminal

Focuses on wrongs against a person, property, or society.

Legal

Those that are based or authorized on the law.

Assault

A threat or attempt to injure someone.

Malpractice Insurance

Protects healthcare providers/workers from financial downfall due to malpractice, covering awarded charges/fines and legal costs.

Average Malpractice Insurance Cost for Physicians

The average amount is $40,000 per year; OB/GYNs and surgeons pay $100,000-200,000 a year.

Offered (Contract Term)

A competent person enters into a relationship with a healthcare provider and offers to be a patient.

Agent (Contract Term)

The HC provider; a breach in the contract is considered malpractice/a tort.

Principal (Contract Term)

The patient; appoints the agent (HC provider) to advise them on treatment decisions.

Accepted (Contract Term)

The HC provider gives an appointment and treats the patient.

Denied (Contract Term)

Not accepted.

Implied Contract

Obligations that are understood without being verbally expressed terms.

Privileged Communication

All info given to a HC provider by a patient must be kept confidential and shared only with care team members.

Breached Contract

A contract that isn’t performed according to the agreement.

Expressed Contract

Spoken or written contract in clear language.

Invasion of Privacy

Unnecessarily exposing an individual's private/confidential information without consent.

Informed Consent

Permission granted voluntarily by a person who understands the procedure and its risks.

Abuse

Any care that results in physical harm, pain, or mental anguish.

Malpractice

Bad practice; failure to meet the expected standard of care in the profession.

Libel

Written defamation.

Slander

Spoken defamation.

False Imprisonment

Restraining an individual's freedom.

Battery

Unlawful touching of someone without consent.

Negligence

Failure to provide care expected of a person in a particular position, causing harm.

Durable Power of Attorney

A document allowing an individual to appoint someone to make medical decisions if they are unable.

Euthanasia

The act of painlessly ending a life due to suffering from a painful or incurable disease.

Advanced Directive

Legal documents that state a person's medical treatment preferences in case of incapacitation.

DNR

Legal document stating the patient does not want to be resuscitated after a heart attack or respiratory arrest.

HIPAA

Health Insurance Portability and Accountability Act of 1996; sets rules for patient information confidentiality.

Patient's Bill of Rights

Factors of care that a patient is expected to receive, ensuring respect, informed consent, confidentiality, and continuity of care.

Patient Self Determination Act

Federal law requiring healthcare facilities to inform adults of their rights and assist with advanced directives.

Privacy Rule

Regulates use and sharing of individually identifiable HC information.

Security rule

Mandates safeguard to maintain the privacy of pt. electronic health records.