Legal and Ethics in Health Care

What is a law

A rule that must be followed

Who creates laws

federal state or local government

What can happen if you do not follow the law

Legal action

What is criminal law

deals with wrongs against a person property or society

what are some examples of criminal laws

praticing in health profession without the required liscens, theft, sexual assault

what is civil law

focuses on a legal relationship between people

what is a tort

wrongful act that does not involve a contract

what are torts usually called?

civil wrong

when can torts happen in the medical field

a person is harmed becuase a health care provider does not meet the expected standards of care

what is malpractice typically called

professional negligence

what are some examples of malpractice

nurse performing minor surgery without proper training

what is negligence

faileure to give care that is expected of a person in their position

what are some examples of negligence

using or not reporting defective equipment, burns caused by improper heat or radiation treatments

what is assault

a threat or attempt to injure

what is battery 

unlawful touching of another person without consent 

what are some examples of assault and battery?

performing a procedure without patient consent, threatining a patient

what procedures require written consent

surgery, certian diagnostic tests, treatment of minors

what is informed consent

premission that is granted after the procedure has been explanied in terms the patient can understand 

when can verbal consent be accepted?

when premission that is granted after the procedure has been explanied in terms the patient can understand 

What is physical invasion of privacy?

Unnecessary exposure of a patient 

What is informational invasion of privacy?

Revealing personal information about a patient without consent

What are some examples of privacy invasion

improper draping of a patient, sending information to insurance company without consent, informing news about individual without authorization

what is false imprisonment

restraning and indiviudual or restricting freedom without authorization

what are examples of false imprisonment

keeping someone in a hospital against their will, application of physical restraint 

what is AMA?

against medical advice

what happens if a patient refuses to sign an AMA

AMA form is documented

when should physical restraints be used

limit patient movement, protect patient from themselves,

What is abuse

Any care resulting in physical harm, pain or mental anguish

What are different types of abuse

physical, verbal, psycological, sexual

what are signs and symptomes of someone experinicing abuse

unexplained brusies, fractures, burns, injuries, poor personal hygiene, irrational fears, change in personallity 

what so you do if you suspect a patient is being abused

report to supervisor

Who is required to submit suspicions of abuse

Health care workers

What is the definition of defamation

False statements that cause a person to be ridiculed

What is slander

Defamation that is spoken

what is libel 

Defamation that is written

what is a contract

Agreement between 2 or more parties

What are the three parts of a contract

Offer, acceptance and consideration

What is the offer

a compentant individual offers to be a patient

What is acceptance

The health care facility accepts the patient 

What is consideration

Patient recives treatment, health care facility gets payed

what does implied mean

Cause obligations are understood without being verbally explained

What does expressed mean

stated in distinct and clear language

What is a legal disability

Not having legal capability to form a contract

What are four examples of legal disability 

minors, mentally incompentent, individuals under influence of drugs, semiconcious or unconcious

what is breach of contract

Contract is not performed according to agreement

what are 2 examples of breach of contract

Faliure to provide proper care, faliure to pay

What is an interpreter

Someone able to translate making language understadable to others

What is an agent 

A person who works under direction of another person