Physical Therapy Aide Ch. 3 Ethical & Legal Issues

Ethics

The difference between right and wrong

Hippocratic Oath

A document that first developed the standards of medical conduct and ethics in 400BC

Medical Law

Focuses on whether one acted legally or illegally

Ethical Behavior

Deals with behavior that is specific and represents the idea conduct for a certain group

Defamation

An attack on a person's reputation

Libel

Defamation that is in written form

Slander

Defamation that is spoken

Patient Care Partnership

A document that identified what the patient could expect from those individuals who cared for the patient

Medical Practice Acts

The statutes dealing with the individual licensing and certification of the individual health care professional

Duty of Care

Entitles the patient to safe care by making it mandatory that he or she be treated by meeting the common or average standards of practice expected in the community under similar circumstances

Reasonable Care

Protection of the health care professional by law if it can be proven that he or she acted reasonable as compared to fellow workers of the same or similar training in a situation of the same nature

Negligence

Failure to give reasonable care or the giving of unreasonable care

Good Samaritan Law

Addresses the problem of medical malpractice suits for a physician or healthcare professional who comes on an accident scene and attempts to render aid to the victim.

Malpractice

A healthcare provider causes harm to a patient through a negligent act.

Rule of Personal Liability

All individuals are held responsible for their own personal conduct.

Informed Consent

A signed form that states that the patient understands the procedures and the risk involved.

Moral Norms

Attitudes and behaviors that a society agrees on as both desirable and necessary to maximize the realization of things cherished in a society.

Morals

Duties, Rights, Responsibilities, Character Traits & Conditions of Justice

HIPAA

Health Insurance Portability & Accountability Act

Confidentiality

Keeping a patients information private

Restraints

Mechanical or chemicals applied or given to a patient to keep them from harming themselves or others. A physician must write a prescription.

False Imprisonment

restraining an individual or restricting an individual's freedom

Criminal Law

behavior known as crime, wrongs against a person, property or society

Race

classification of humans into groups based on physical traits, ancestry & genetics

Patient's Rights

Factors of care that patients can expect to receive

Civil Law

legal relationships between people and the protection of a person's rights

privileged communication

confidential information that has been told to a physician (or attorney) by the patient. Information cannot be released without written consent.

verbal abuse

speaking harshly, swearing or shouting, using inappropriate words to describe a person's race or nationality, and/or writing threats or abusive statements

prejudice

preconceived opinion that is not based on reason or actual experience

stereotype

assumptions made about a group of people

Living Will

A document that indicates what medical intervention an individual wants if he or she becomes incapable of expressing those wishes.

Contract

An agreement between two or more parties that is enforceable in court

Abuse

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

invasion of privacy

Unnecessary exposure of an individual or revealing personal information about an individual without consent

psychological abuse

Threatening harm; denying rights; belittling, intimidating, or ridiculing the person; and/or threatening to reveal information about the person.

informed consent

permission granted voluntarily by a person who is of sound mind and aware of all factors involved

Tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

legal

responsibilities are those that are authorized or based on law

Assault

threat or attempt to injure

Battery

unlawful touching of another person without consent

Bias

An inclination toward something or someone or a particular judgement on a topic or issue

Sexual Abuse

any sexual touching or act, using sexual gestures, and/or suggesting sexual behavior, even if the patient is willing or tries to initiate it.

Physical Abuse

Hitting, forcing people against their will, restraining movement, depriving people of food or water, and/or not providing physical care.

Advanced Directives

legal documents that allow people to choose what medical care they wish to have if they are unable to make those decisions themselves

Agent

a person who acts or does business for another

Assimilation

the traits of one culture become absorbed by the dominant culture

Ethnicity

the fact or state of belonging to a social group that has a common national or cultural tradition.

Expressed Contracts

stated in distinct and clear language, either orally or in writing

Culture

values, beliefs, attitudes, languages, symbols, rituals, behaviors & people that are passed down from generation to generation

Ethnocentrism

Belief in the superiority of one's nation or ethnic group.

Durable Power of Attorney

a legal agreement that allows an agent or representative of the patient to act on behalf of the patient

Principal

when a person works under the direction or control of another person. (the employer)

Acculturation

the absorption of many cultures into one culture

Legal Disability

...a person who cannot enter into a contract due to age or diminished mental capacity

implied contracts

obligations that are understood without verbally expressed terms

malfeasance

misconduct or wrongdoing, especially by a public official