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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