Medical Law

Criminal Law

Criminal Law

deals with wrong against society or its members, crimes against the state

Civil Law

pertains to the violation of an individuals rights, crimes against an individuals rights

Torts

determines if someone should be held legally responsible for the injury of another

Malpractice

professional negligence by act or omission by a HCP treatment falls below standard causing death or injury

Negligence

person fails to do their duty to prevent injury/accident leading to damage

Assualt

an action that places a person in immediate fear of bodily harm

Battery

unlawful touching of a person without his or her consent

Invasion of Privacy

interference with a persons right to be alone

Defamation of Character

damaging a person’s reputation by making false and malicious public statements

Breach of Confidentiality

failure to keep privileged medical information private

False Imprisonment

holding someone against their will without proper authorization

Informed Consent

Consent obtained only after the patient has had the risks and benefits of treatment explained in a manner which the patient understands

Implied Consent

Assumption that the patient would desire care if he or she were able to make the decision. Applied to mentally incompetent, minors, and unconscious patients

Expressed Consent

Verbal, non-verbal, or written communication by a patient that he or she wishes to receive medical care

Mandated Consent

patient is required by the court to accept treatment or transportation

Abuse

to treat with cruelty or violence, especially regularly or repeatedly

Fraud

wrongful or criminal deception to result in financial or personal gain

Abandonment

terminating a HCP/ patient without assurance of equal care

Slander

the act of injuring a persons character/name by false spoken words

Libel

the act of injuring a persons character/name using false written words

Manslaughter

the crime of killing a human being without malice forethought or otherwise in circumstances not amounting to murder

Vicarious Liability

employer responsible for employee action, employees are legally responsible for their own actions and can be sued directly

Scope of Practice

doing something that your not trained for

Residents Bill of Rights

List of rights afforded to the residents of long term care facilities

Patient care partnership

Replacing the AHA's Patients' Bill of Rights, this plain language brochure informs patients about what they should expect during their hospital stay with regard to their rights and responsibilities.

EHR

improve quality of care by reducing medical error (medication errors, hand off communication)

PHI (e PHI)

protected health information

Advanced Directives

to make known the wants for his or her care in advance of the need to care

Living Will

a written request usually to withhold heroic life support measures from a patient with a terminal condition

Durable Power of Attorney

appointment of another person to make decisions for the patients care if and when the patient is unable to make such decisions

DNR

indicates that the patient does not wish to have CPR or other life saving measures performed in the case of death

Patient Self-Determination Act

requires hospitals, nursing homes, rehab facilities, and hospices to have written policies regarding advance directives

HIPAA

National standards to protect patient privacy and personal health information.

Ethics

standard of behavior, created by moral values

Ethical Dilemma

A problem in the decision-making process between two possible but unacceptable options from an ethical perspective

Code of Ethics

a set of official standards of conduct that the members of a group are expected to uphold

Values

the regard that something is held to deserve; the importance, worth, or usefulness of something.