healthcare law and ethics

standarrd of care

The degree of care a reasonable person

with similar training would provide in a

similar situation.

informed consent of treatment

Permission granted voluntarily by a

person who is of sound mind after the

procedure and all risk involved have

been explained in terms the person can

understand.

informed consent

has explained the treatment being offered,

along with the potential risks, benefits, and alternatives, as

well as the potential consequences of refusing treatment.

implied consent

when a serious medical

condition exists where the person may be unconscious

emancipated minor

a person who is under the legal

age in a given state but, because of other circumstances,

is legally considered an adult.

forcible restraint

Necessary with a patient who is in need of

medical treatment and transportation but is

combative and presents a significant risk of danger

to self or others

criminal liability

Involves a government entity taking legal

action against a person.

civil liability

Focuses on legal relationships between

people, and the protection of a person’s

rights.

civil law

falls under torts and contracts

torts

occurs when a person is harmed

or injured because a health care

provider does not meet the established

or expected standards of care.

malpractice

Failure of a professional to use the degree of

skill and learning commonly expected in that

individual’s profession, resulting in injury,

loss, or damage to the person receiving care.

negligence

Failure to give care that is normally expected

of a person in a particular position, resulting in

injury to another person.

tort: gross negligence

Involves an indifference to, and violation

of, a legal responsibility.

Its reckless patient care that is clearly

dangerous to the patient.

Can result in civil and/or criminal

abssault

a threat or attempt to

injure someone

battery

the unlawful touching

of another person without consent.

invasion of privacy

Includes unnecessarily exposing an individual

or revealing personal information about an

individual without that person’s consent

false imprisonment

Refers to restraining an individual or

restricting an individual’s freedom.

abuse

Any care that results in physical harm,

pain, or mental anguish. domestic, verbal, mental, physical, sexual, phsychological

defamation

Occurs when false statements either

cause a person to be ridiculed or

damage the person’s reputation.

libel

written defamation

spoken defamation

slander

legal disability

A person who has a legal disability does

not have the legal capacity to form a

contract

agent v principal

When a person works under the direction or

control of another person, the employer is

called the principal, and the person working

under the employer is called the agent

code of ethics

Set of principles relating to what is

morally right or wrong

Provide a standard of conduct or code. must always be followed

confidentiality

Means that information about the

patient must remain private and can be

shared only with other members of the

patient’s health care team

HIPAA

health insurance portability and accountability and act

HIPAA

federal law established in 1996

Huge impact on health care & improved privacy

protection of patient health care records

, gives patients greater control over how health

care records are used and transferred.

patients rights

Factors of care that patients can expect

to receive

advance directives (DNR and living wills)

Written instructions, signed by the

patient, specifying the patient’s wishes

regarding treatment and resuscitative

efforts.

DNR

do not resucitate

DNR

Specific to resuscitation efforts and do NOT

affect treatment prior to the patient entering

cardiac arrest.