Medical Law and Ethics

Criminal law

deals with wrongs against society and its members (society vs individual) involves crime and punishment

Civil law

violation of individuals rights (individual vs individual)

Torts

under civil law determines if an individual should be held legally and financially responsible for the injury of another

Malpractice

professional actions fall below standard of care

Negligence

failure to perform a duty which leads to injury or death

Assault

an action that places a person in immediate fear of bodily harm

Battery

unlawful touching of a person without his/her consent

Informed consent

obtained after the patient has had details and risks/ benefits of a procedure explained

Implied consent

the assumption that a patient would wish to receive care if he/she were able to give it

Expressed consent

verbal, non-verbal, or written communication that he/she wishes to receive treatment

Mandated consent

court ordered treatment

False imprisonment

holding someone against their will without authorization

Abuse

to treat with cruelty or violence, especially repeatedly

Fraud

wrongful or criminal deception which results in financial or personal gain

Abandonment

terminating a HCP/patient relationship without assurance of quality care

Slander

the act of injuring a person’s name/character by false spoken word

Libel

the act of injuring a person’s name/character by false written word

Manslaughter

the act of killing a human being without malice or forethought

Medical Privilege/Confidentiality

matters shared between doctor and patient during the course of providing mental care

Residents Bill of Rights

list of rules afforded to residents of long term care facilities

Patient Care Partnership

plain language brochure that explains what a patient’s rights and responsibilities are during a hospital stay

EHR

Electronic Health Record

e PHI

Electronic Protected Health Information

Advanced directives

document used to express a patient’s wishes regarding care in advance of the need for care

Living will

a written request from a patient, usually regarding wishes surrounding end of life care must have two non

Durable Power of Attorney

appointment of another person to make health care decisions for the patient in the event he/she is unable to do so

DNR

Do Not Resuscitate (usually found in a living will)

Patient Self Determination Act

requires healthcare facilities to have written policies regarding Advanced Directives

HIPAA

Health Insurance Portability and Accountability Act (enacted in 1996)

Ethics

a system of principals a society develops to guide decisions about right and wrong

Ethical Dilemma

a situation without a clear answer

Code of Ethics

standards of professional conduct that promotes the welfare of patients and ensures high quality care

Values

beliefs and ideals that provide the foundation for making decisions and guiding behavior