Legal and Ethical Concepts Flashcards

Flashcards for reviewing legal and ethical concepts in healthcare.

Common law

Unwritten laws that come from judicial decisions based on societal traditions and customs.

Litigious

Prone to lawsuits.

Precedent

A prior court decision that serves as a model for similar legal cases in the future.

Criminal laws

Statutes that define actions or omissions (lack of actions) that threaten and/or harm public safety and welfare

Plaintiff

The government

Defendant (Criminal Law Context)

The person or party charged with the offense

Four types of laws

Constitutional, Case, Regulatory and administrative, & Statutory laws

Damages

Monetary settlement the defendant pays the plaintiff in a civil case for loss or injury.

Declaratory judgment

A court judgment that defines the legal rights of the parties involved.

Injunction

A court order by which an individual or institution is required to perform or restrain from performing a certain act.

Liability

State of being liable or responsible for something.

Tort

A civil wrongdoing that causes harm to a person or property, excludes breach of contract.

Tortfeasor

An individual who committed the tort.

Assault

Intentional threat to do harm or acting in a manner that causes another to fear bodily harm.

Battery

Intentional harmful or offensive contact with another that was unconsented. Only proof of unconsented contact is required; proof of harm is not required.

False imprisonment

Intentional restraint of another individual without consent or reason

Fraud

Deceiving (lying) to a person or party for monetary gain.

Defamation

Intentionally saying something false about another person, which causes harm.

Libel

Written defamation

Slander

Spoken defamation

Invasion of privacy

Disclosing private facts without the consent of the individual or intrusion into a person's personal life.

Negligence

Conduct not expected of a reasonably prudent person acting under similar circumstances; it falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm

Malpractice

A type of negligence in which a licensed professional fails to provide the standard of care, causing harm to a person.

Res judicata

latin for “a thing decided.” Once a case has been decided by the court, it cannot be litigated again

Scope of practice

Range of responsibilities and practice guidelines that determine the boundaries within which a healthcare worker practices

Law

A custom or practice of a community and a rule of conduct prescribed or formally recognized as enforceable by a controlling authority.

Misdemeanor

A minor crime

Medical malpractice

Occurs when a healthcare professional’s performance falls below the professional minimum standard of care and thus causes harm to the plaintiff.

Statute of limitations

Is the length of time legal action can be taken after an event has occurred. The time limit varies from state to state

Respondeat superior

S a common-law doctrine that means “let the master answer” and the employer/provider is liable for the actions of the employee

Insured

The person purchasing the insurance policy

Insurer

The insurance company

Informed consent

A legal process that ensures the patient or guardian understands the treatment and gives consent for the treatment. With informed consent, the provider must educate the patient on the treatment before the patient signs the consent form.

Arbitration

The process in which conflicting parties in a dispute submit their differences to a court-appointed person, who submits a legally binding decision

Libel

A written statement of defamation

Res ipsa loquitur

Latin term meaning “the thing speaks for itself.”

Contract

Is an agreement between two parties; For a contract to be legally binding, five elements must be present: offer, acceptance, consideration, legal subject matter and competency and capacity

Implied contract

The parties have agreed to the terms of the contract through their actions and behaviors. The provider-patient relationship is an implied contract

Emancipated minor

A minor who has been granted emancipation by the court; the minor can assume the rights and responsibilities of adulthood.

Incompetence

The state of being incompetent or lacking the ability to manage personal affairs due to mental deficiency; an appointed guardian or conservator manages these people's affairs.

Liable

Legally responsible or obligated.

Patient abandonment

A form of medical malpractice, also called negligent termination; the provider ends the provider-patient relationship without reasonable or adequate notification.

Breach of contract

Occurs when the terms of the contract are not fulfilled by one party without a legitimate legal reason

Implied consent

Consent that is inferred based on signs, actions, or conduct of the patient rather than oral communication (using words).

Expressed consent

Consent that is given either by the spoken or written word.

Informed consent

A legal process that ensures the patient or guardian understands the treatment and gives consent for the treatment. With informed consent, the provider must educate the patient on the treatment before the patient signs the consent form.

Mature minor

A person under the age of adulthood who demonstrates the maturity to make a personal healthcare decision and can give informed consent for treatment.

Scope of practice

For an occupation defines the procedures, actions, and processes that individuals are permitted to perform