Legal Issues (copy) + Doctrines + Patient Consent

Legal Issues

It is something that happens that has legal implications that may need the help of a lawyer to sort out

Legal Responsibility

This protects healthcare workers, their employer and the patient -based on laws created by federal, state and local governments

Parameters of Legal Responsibilities

RT are legally responsible when injury occurs in the work area; Examine the scope of practice of RT for guideline of safe performance; Remember that patients are protected by “Patient’s Bill of rights”

Confidentiality

In health care refers to the obligation of professionals who have access to patient records or communication to hold that information in confidence

Confidentiality

It functions to impose a boundary on the amount of personal information and data that can be disclosed without consent

Patient Confidentiality

This refers to the right of patients to keep their records private and represents physicians’ and medical professionals’ moral and legal obligations in handling patients’ sensitive medical and personal information

Principal type of patient records

Radiograph, Reported Interpretation, CD/USB

Patient Safety

A healthcare professional can breach patient confidentiality to protect a patient’s safety

Public Health

 If a reported case of an infectious disease puts public health at risk, healthcare professionals must reveal the patient’s information for the well-being of the community

Health outcomes

 Healthcare practitioners are permitted to share information for clinical purposes, such as discussing a diagnosis with colleagues, referring patients to another facility, or speaking with a pharmacist. This can include vital clinical data if it is needed to optimize patient care

Electronic Communication

It is the communication which uses electronic media to transmit the information or message using computers, e-mail, telephone, video calling, FAX machine, etc.

Types of electrronic communication

E-mail, Messaging, Blogging, Video Chat, Social Networking, Telex, Fax, Multimedia

Tort

It is defined as the wrongful act;  a civil crime that does not involve a contract

Intentional Tort

 Is a wrongful act that someone plans and carries out while fully aware of their actions

Negligent/Unitentional Tort

The reckless or careless behavior that resulted in the injury or harm of someone else

Strict Liability Tort

a type of personal injury case in which you as the defendant are held liable regardless of whether you were negligent or not

Malpractice

(bad practice); “professional negligence”; the failure of a professional to use learned knowledge or skills and an injury occurs, or, there is loss or damage to the person receiving care

Abuse

A care that results in physical harm, pain or mental anguish

Physical Abuse

Hitting, forcing against will, restraining movement, withholding food and/or water, not providing physical care

Verbal Abuse

Speaking harshly, swearing, shouting, use of inappropriate words to describe race, writing threats or abusive statements

Psychological Abuse

Threatening harm, denying rights, belittling, intimidating, ridiculing, threatening to reveal information about the patient

Sexual Abuse

any unwanted sexual touching or act; use of sexual gestures or suggesting sexual behavior

Defamation

False statements or incorrect information that causes the person to be ridiculed or damages their reputation

Slander (defamation)

Spoken Lies

Libel (defamation)

Written Lies

Assault

a threat or attempt to inflict offensive physical contact or bodily harm on a person (as by lifting a fist in a threatening manner) that puts the person in immediate danger of or in apprehension of such harm

Battery

is an unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact.

False Imprisonment

on the act of confinement without consent, whereas kidnapping requires intent, movement, and elements such as force, fear, fraud, or deception

IEED (involuntary emotional expression disorder)

occurs when one acts in a manner that intentionally or recklessly causes another to suffer severe emotional distress, such as issuing the threat of future harm

Negligence

is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.

Nuisance

is defined as a “condition, activity, or situation (such as a loud noise or foul odor) that. interferes with the use or enjoyment of property….” The interference created must be unreasonable and substantial to qualify as a nuisance

Respondeat Superior

This doctrine means "let the master answer."

Respondeat Superior

It holds that an employer (like a hospital or clinic) can be held liable for the negligent acts of its employees (like doctors or nurses) if those acts occur within the scope of their employment.

Proximate Cause

This doctrine establishes that a medical professional's negligence is the direct cause of an injury. 

Res Ipsa Loquitur

It means "the thing speaks for itself"

Res Ipsa Loquitur

This doctrine allows a court to infer negligence in certain situations where it's clear the injury wouldn't have occurred without negligence, even without direct proof of negligence.

Duty of Care/Standard of Care

The doctrine of a reasonable doctor helps establish this standard by comparing the actions of the medical professional to what would be expected of a reasonable doctor in similar circumstances

Medical Malpractice

This refers to professional negligence that causes harm to a patient. It typically involves a breach of duty of care, which leads to an injury.

risks and benefits

Patients must be adequately informed about the__________ of a medical procedure before they can give informed consent. Failure to do so can lead to legal consequences.

Confidentiality/Privilege

Medical professionals have a duty to maintain the confidentiality of patient information, unless there are specific exceptions, such as court orders or legal mandates.

Implied Consent

Provided by the behavior of the patient

Expressed Consent

May be oral or written

Informed Consent

Consent must be obtained after a reasonable explanation of the proposed procedure, so that he is enable to make informed decision whether or not to submit.

The Extension Doctrine

If in the course of authorized medical intervention a doctor discovers a life-threatening condition that requires immediate treatment and the patient is unable to consent, the doctor may extend the operation or procedure without the patient’s express consent

Therapeutic Privilege

A situation where full disclosure to the patient might be harmful and therefore contraindicated, a doctor may have a therapeutic privilege to withhold information