Unit 5: Foundations Of Health Test

Medical Liability

Laws made in the Medical field that one must follow for the saftey and well being of you, your employer, and the patient.

Legal Responsibilities

Responsibilities that are authroized or based on law.

Civil Law

focuses on legal relationships between people and the protection of a person’s rights – regulates disputes between private parties; such as marriage, contracts, torts (injuries)

Criminal Law

body of law that defines criminal offenses; deals with the apprehension, charging, and trial of suspected persons; and sets penalties applicable to convicted offenders

Scope of Practice

legal set of directives that outline what a professional is trained and authorized to do

Torts

A legal wrong.

Malpractice

The 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 the care;  it happened with the KNOWLEDGE it could cause harm

**Malfeasance**

The willful and intentional action that injures a party.

**Misfeasance**

The willful inappropriate action or intentional incorrect action or advice.

Nonfeasance

The failure to act where action is required—willfully or in neglect

Negligance

The failure to give care that is normally expected of a person in a particular position,  resulting in injury to another person

Assault

Includes a threat or attempt to injure

Battery

Includes the unlawful touching of another person without consent

Invasion of Privacy

Includes unnecessarily exposing a patient 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

Includes any care or lack of care that results in physical harm, pain, or mental anguish Four types of abuse: physical, verbal, psychological, sexual

Physical Abuse

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

Verbal Abuse

Speaking harshly, swearing or shouting, using inappropriate words to describe a person’s race or nationally, and/or writing threats or abusive statements

Psychological Abuse

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

Sexual Abuse

Any unwanted sexual touching or act, using sexual gestures, and/or suggestive sexual behavior

Domestic Abuse

Occurs when an intimate partner uses threatening, manipulative, aggressive, or violent behavior to maintain power and control over another person.

Child Abuse

Abuse towards a child

Confidentiality

Information about the patient must remain private and can be shared *only* with other members of the patient’s health care team

Defamation

Occurs when false statements either cause a person to be ridiculed or damage the person’s reputation

Slander

Incorrect information that is spoken

Libel

Incorrect information that is written

HIPAA

Health Insurance Portability & Accountibility Act

HIPAA

Law requiring all medical information be kept private and confidential 

Contracts

An agreement between two or more parties

3 parts most contracts have

Offer, Acceptance, and Consideration

Implied Contract

Those obligations that are understood without verbally expressed terms

Expressed Contract

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

All parties entering the contract must be free of legal disability

(a person who does not have the mental capacity to form a contract). 

Agent

The person working under the employer

Informed Consent.

Permission granted voluntarily by a person who is of sound mind after the procedure and all the risk involved have been explained in terms the person can understand

Privileged Communications

Comprise all information given to health care personnel by a patient; by law this information must be kept confidential and shared only with other members of the patient’s health care team

Legal Directives

Legal documents that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care

Living Will

Documents that allow individuals to state what measure should or should not be taken to prolong life when their conditions are terminal (death is expected)

DNR

Do not resuscitate order

Durable Power of Attorney (POA)

Document that permits an individual (known as the principal) to appoint another person (known as the agent) to make any decisions regarding health care if the principal should become unable to make decisions

Ethics

Set of principles relating to what is morally right or wrong