Dynamics of Healthcare - Chapter 11 Law & Eithics

Public law

Focuses on issues between a government and its citizens and involves 3 main categories:

criminal law

constitutional law

administrative law

Constitutional law

The rights afforded to all citizens through the U.S. Constitution

*abortion and civil rights fall under this category

Civil law

(private law) focuses on issues between private citizens

Civil rights

basic legal rights held by all U.S. citizens

Human rights

fundamental rights of all people regardless of citizenship status

litigation

a legal proceeding in court

tort

any wrongful act, whether intentional or negligent, for which causes an injury or damage, and restitution muct be made

common law

Traditional law. No set law, judge makes a decision based on the court case

statutory law

laws made up by the government, and enforced by the court system

Unintentional tort

accidents or mistakes that result in harm

intentional tort

deliberate acts intended to cause harm

Malpractice

Bad practice; professional negligence; any illegal, unethical, or immoral behavior that results in failure of duties

Advocacy/obudsmen

health care providers will ensure that the needs, concerns, and wishes of patients are heard and respected; seeing that the patient's rights are maintained and speaking for people who are unable to so

assault

when a threat or attempt is made to injure a patient without his or her permission

battery

unlawful touching of another person without consent without resultant injury

DCPP

(division of child protection and permanency) Agency in New Jersey to notify of abuse; for child abuse

defamation of character

when false statements either

cause a person to be ridiculed or

damage the person's reputation

dignity

the quality or state of being worthy of honor and respect

DNR (do no resuscitate)

means no CPR will be preformed if no breathing/heart stops moving

Durable power of attorney for health care/ Health care proxy

designated a person to make health care decisions on behalf of the patient in the event the patient becomes incapacitated

Ethics

Reflect the values of a certain group; standards of conduct based on moral judgment, what is right and wrong

false imprisonment

unnecessarily restraining an individual; any attempt to restrain an individual or restrict his or her freedom

HIPAA

(Health Insurance Portability and Accountability Act) Standards of conduct based on moral judgment what is right and wrong; a patients right to privacy and basic civil rights

Implied consent

when a patient does not sign a written statement but gives permission for care to be provided, or is assumed to have given permission if unconscious

Incapacitated

unable to make his or her own medical decisions

Incompetent

inability to make a rational decision

Informed consent

Permission granted by a person ( who is of

sound mind) before the procedure and

all risks have been explained

invasion of privacy

when a provider intentionally and unreasonably exposes a patient's body or reveals patient's personal information without consent

legal guardian

someone appointed by a judge to act for another person, such as a minor or mentally incompetent adult

libel

when the information is written

Living will

documents what steps, if any, are to be taken in order to save or prolong a person's life

Negligence

Failure to give care that is normally expected of a person in a particular position

professionalism

a set of values, behaviors, and relationships that form a foundation on which patient and colleague trust is formed

reportable incidents

anything that happens out of the ordinary in a facility

restitution

compensation

slander

when the information is spoken

will

a legal document with declarations of a person's wishes; takes affect after death

autonomy

one should respect the capacity and right of rational people so self-determination

justice

one should treat others fairly and equally

Nonmaleficence

(do no harm) one should never cause needless harm and injury to a patient

beneficence

(do good) one should preform actions that are of benefit to others, weighing the good of action against risks

veracity

the patient has the right to know the truth, and one should be honest and forthcoming and interact with patients without deceit

fidelity

(keep promises) one should keep promises regardless of payment, expectations for payment, or the personal characteristics of the patient

confidentiality

medical and personal information obtained during health care must remain private

competence

the ability to do something successfully or efficiently

professional associations

an unincorporated business entity formed for the purpose of providing a professional service

Public law categories

Administrative, Constitutional, criminal

Private law catagories

Tort

Types of abuse

Verbal, physical, sexual, psychological

DCPP stands for...

Division of Child Protection and Permanency

HIPAA stands for...

Health Insurance Portability and Accountability Act

3 goals of the patient's bill of rights:

strengthen consumer confidence, reaffirm importance of relationship between patients and providers (professionalism), and reaffirm the critical role consumers play in safeguarding their own health

Patients bill of rights: (8 rights)

1. Right to information

2. Right to choose health care providers

3. Right to access emergency services

4. Right to partake in health care decisions

5. Right to care without discrimination

6. Right to privacy

7. Right to a fair and efficient process for resolving

differences

8. Responsible for maintaining their own

health

Administrative law

laws enforced by the food and drug administration (getting FDA approved)

Patients chart is a ______ document

Legal

ward

taken care of by the state

Ethical code- quality of care

health care professionals evaluate the quality and effectiveness of their practices

Ethical code- primary commitment to patient

health professionals respect dignity, worth, and rights of human beings regardless of their health problems

Ethical code- Education

Health care workers acquire and maintain current knowledge in their practices

Ethical code- Collegiality

Health care professionals contribute to the professional development of peers, colleagues, and others

Ethical code- Ethics

Health care professionals make decisions and act on behalf of patients in an ethical manner.

Ethical code- Collaboration

Health care professionals collaborate with patients, significant others, family and other providers in providing appropriate patient care.

Ethical code- research

Health care professionals advance the profession through scholarly inquiry to identify, evaluate, refine, and expand their profession's body of knowledge.

Ethical code- resource utilization

Health care professionals confider factors related to safety, effectiveness, and cost in planning and delivering patient care

What are Good Samaritan Laws?

laws designed to encourage people to give emergency medical care without fear of being sued of something goes wrong

What are the 4 good Samaritan laws?

- the victim, if conscious, seeks or is willing to accept aid

- you behave in a reasonable way that anyone would behave in

- you are not reckless and don't intentionally do wrong

- you don't expect or receive payment in return

DYFS

Division of Youth and Family Services