DHO Chapter 5 Legal and Ethical Responsibilities Vocab

Abuse

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

Advance Directives

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

Agent

Person working under the employer

Assault and Battery

Assault- A threat or attempt to injure

Battery- The unlawful touching of another person without consent

Civil Law

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

Confidentiality

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

Contract

An agreement between two or more parties

Criminal Law

Focuses on behavior known as crime; deals with the wrongs against a person, property, or society

Defamation

Occurs when false statements either cause a person to be ridiculed or damages the person's reputation

Designation of Health Care Surrogate

For Health Care its a document that permits an individual (known as a principal) to appoint another person (known as an agent) to make decisions regarding health care if the principal should become unable to make decisions

Durable Power of Attorney (POA)

For Health Care its a document that permits an individual (known as a principal) to appoint another person (known as an agent) to make 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

Expressed Contarcts

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

False imprisonment

Restraining an individual or restricting an individual's freedom without authorization

Health Care Records

Privileged communications; contain information about the care provided to the patient

Health Insurance Portability and Accountability Act (HIPAA)

Set of federal regulations adopted to protect the confidentiality of patient information and the ability to retain health insurance coverage

Implied Contracts

Those obligations that are understood without verbally expressed terms

Informed Consent

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

Invasion of Privacy

Physical Invasion- unnecessarily exposing an individual

Informational Invasion- Revealing personal information about an individual without that person's consent

Legal

Authorized or based on law; A rule that must be followed; created and enforced by federal, state, or local government

Legal Disability

A condition in which a person does not have legal capacity and is therefore unable to enter into a legal agreement

Libel

False information that is written

Living Wills

Documents that allow individuals to state what measures should or should not be taken to prolong life when when their conditions are terminal

Malpractice

"Bad Practice"; The failure of a professional to use the degree of skill and learning commonly expected in that individual's profession, resulting in injury, loss, damage to the person receiving care

Negligence

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

Omnibus Budget Reconciliation Act (OBRA) of 1987

Federal law that regulates the education and testing of nursing assistants

Patient Self-Determination Act (PSDA)

Mandates that all health care facilities receiving any type of federal aid comply with requirements

Patient's Bill of Rights

A list of rights that every patient can expect to receive while under the care of health care providers

Patient's Rights

Factors of care that that all patients can expect to receive

Privileged Communications

All personal information given to health personnel by a patient; must be kept confidential

Resident's Bill of Rights

Residents rights

Slander

Information that is spoken

Tort

A wrongful act that does not involve a contract; called a civil wrong; Occurs when a person is harmed or injured because a health care provider does not meet the established or expected standers of care