Healthcare Medical Law and Ethics

Intro to healthcare

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, nonverbal, 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 medical 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

ePHI

– 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-related or financially vested witnesses to execute

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 (a medical order)

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 principles 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 promote the welfare of patients and ensure high-quality care

Values

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