Ch.2 Vocab Legal and Ethical Issues

ethics

the knowledge of right and wrong.

law

a rule established to help people live peacefully together and to ensure order and safety.

advance directive

a legal document that allows people to decide what kind of medical care they wish to have in the event they are unable to make those decisions themselves.

Patient Self-Determination Act (PSDA)

a federal law requiring that medical practices and facilities provide patients with information about advance directives.

living will

a document that outlines specific medical care a person wants or does not want to receive; also known as directive to physicians and health care directive.

do not resuscitate (DNR)

a type of advance directive indicating that the patient does not wish a breathing tube to be inserted to prolong life.

do not intubate (DNI)

a type of advance directive indicating that the patient does not wish cardiopulmonary resuscitation (CPR) to be performed in the event of cardiac or respiratory arrest.

durable power of attorney for health care

a type of advance directive designated a person other than the patient to make medical decisions if the person becomes ill or disabled.

Physician's Orders for Life-Sustaining Treatment (POLST)

a medical order that specifies the treatments a person wishes to receive when he is very ill; decisions are based on conversations between the patient and his healthcare providers; may be known by different names in different states (e.g., Medical Orders for Life- Sustaining Treatment [MOLST]).

confidentiality

the legal and ethical principle of keeping private information private.

Health Insurance Portability and Accountability Act (HIPAA)

a federal law that requires health information be kept private and secure and that organizations take special steps to protect this information.

protected health information (PHI

) a person's private health information, which includes name, address, telephone number, social security number, email address, and medical record number.

Genetic Information Nondiscrimination Act (GINA)

a federal law banning discrimination in employment and healthcare coverage based on genetic information.

electronic health records (EHR)

an electronic version of a patient's medical record that can be shared between healthcare organizations; includes information such as medical history, diagnoses, treatment plans, medications, immunization records, vital signs measurements, and imaging, test, and laboratory results.

criminal law

branch of law dealing with offenses considered to harm all of society.

civil law

branch of law dealing with disputes between individuals.

compliance

in health care, a patient's record of following the healthcare treatment plan and keeping appointments.

abandonment

in health care, failure of a practitioner to provide needed care to a patient with whom a patient-practitioner relationship has been established.

standard of care

the professional standard that must be met to deliver safe and effective patient care.

liable

legally responsible. malpractice in medicine, failure on the part of a provider to meet a professional standard of care; literal meaning is bad practice.

Good Samaritan Law

a law passed to protect individuals from liability when they provide medical aid, usually in an emergency situation.

negligence

actions, or the failure to act or provide the proper care, resulting in unintended injury to a person.

abuse

purposeful mistreatment that causes physical, mental, or emotional pain or injury to someone.

mandated reporter

person who is legally required to report suspected or observed abuse or neglect because they have regular contact with vulnerable populations.

arbitration

settlement of a lawsuit using a qualified person known as an arbiter to review the case and determine the outcome.

defendant

a person accused of wrongdoing, against whom a lawsuit is filed (civil) or charges made (criminal).

deposition

a statement given under oath to be used as evidence in a lawsuit.

mediation

settlement of a lawsuit using a qualified person called a mediator to review the case and negotiate the outcome.

plaintiff

a person who makes a charge of wrongdoing in court; the plaintiff has the burden of proof, or the responsibility to show that the defendant is liable for damages.

res ipsa loquitur

Latin phrase meaning the thing speaks for itself. Used when a patient's injury is presented as evidence of medical negligence or wrongdoing.

respondeat superior

Latin term meaning let the master answer. Used to hold an employer liable for the actions of their employee.

risk management

actions taken to limit the risk of being sued, such as providing high-quality medical care and documenting carefully.

statute of limitations

a statute (law) that establishes the maximum amount of time after an event occurs that a lawsuit can be filed.

subpoena

a legal document that commands a person to appear in court to testify (subpoena ad testificandum) or to provide records or documents (subpoena duces tecum).

informed consent

active, conscious acknowledgement that a person understands treatment they will receive and agrees to receive it.

assault

the use of words or actions to cause another person to feel fearful of being harmed.

battery

the intentional touching of another person without permission.

emancipated minor

a person under 18 years of age who has been legally declared independent.

mature minor

in health care, a person under the age of 18 who is legally considered able to make routine healthcare decisions independently; mature minor laws vary by state.

implied consent

the assumption that a person agrees to treatment or to a procedure; allows medical treatment to be provided in emergency situations, for example, even if the patient is not able to express, informed consent.

compliance reporting

in health care, a general term referring to legally-required information-sharing.

wounds of violence

category of injury likely to have been inflicted in the course of a criminal act; must be reported to appropriate authorities.

communicable disease

a disease that is easily spread from one person to another; some communicable diseases must be reported to public health authorities, though requirements vary by state.

Sexually transmitted infection (STI)

an infection caused by sexual contact with an infected person; signs and symptoms are not always apparent.

neglect

failure to provide needed care that results in physical, mental, or emotional harm to a person.

exploitation

the act of taking advantage of a person for financial gain.

Centers for Disease Control and Prevention (CDC)

a federal government agency that issues guidelines to protect and improve the health of individuals and communities.

conflict of interest

a situation in which a person's personal interests may interfere with their professional judgment or actions.

incident

an accident, problem, or unexpected event during the course of care that is not part of the normal routine in a healthcare facility.

sentinel event

an unexpected occurrence that results in grave physical or psychological injury or death.