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focuses on wrongs against a person, property, or society
Criminal Law
focuses on legal relationships between people and the protection of a person’s rights
Civil Law
wrongful acts that do not involve contracts
Torts
Malpractice
Negligence
failure to give care that is normally expected of a person in a particular position, resulting in injury to the another person
Assault
a threat or attempt to injure
Battery
the unlawful touching of another person without consent (includes invasive procedures)
permission granted voluntarily by a person who is of sound mind after the procedure and all risks have been explained in terms the patient can understand
informed content
Invasion of Privacy
unnecessarily exposing an individual or revealing personal Information about an individual without that person’s consent
False Imprisonment
restraining an individual or restricting his/her freedom
Abuse
any care that results in physical harm, pain, or mental anguish
-Can include physical, verbal, psychological, or sexual abuse
Defamation
false statements that either cause a person to be ridiculed or damage the
person’s reputation
Libel
written
Slander
spoken
Offer
a competent person enters into a relationship with a healthcare provider and offers to be a patient
Acceptance
the healthcare provider gives an appointment and treats the patient
Consideration
the payment made by the patient for the services provided
Implied Contracts
obligations that are understood without written or verbally expressed terms
(Ex: qualified professional prepares medication and patient takes it)
Expressed Contracts
stated in distinct and clear language, either verbally or in writing
(Ex: a surgical permit)
agent
person working under the supervision of an employer
principal
employer
Privacy Rule
regulates the use and sharing of individually identifiable
health care information
Security Rule
mandates safeguards to maintain the privacy of
individually identifiable electronic health care information
Living Will
Documents that allow individuals to state what measures
should or should not be taken to prolong their life when their
condition is terminal; Frequently results in a DNR
Durable Power of Attorney (POA)
A document that allows you to appoint a person to handle
your affairs while you are unavailable or unable to do so
DNR
A binding legal document that states
resuscitation should not be attempted if the
person suffers cardiac or respiratory arrest
● May be instituted on the basis of an advanced
directive from a person, or from someone
entitled to make decisions on their behalf
Advance Directives for Health Care
● Also known as legal directive
○ Legal document that allows people to state what medical treatment they want or do not want in the event that they become incapacitated and unable to express their wishes
● two main directives
○ living wills
○ Durable ______________ of _____________ (POA)
Living Will
● Documents that allow individuals to state what measures should or should not be
taken to prolong their life when their condition is terminal
○ Must be signed when individual is competent and witnessed by 2 adults
who cannot benefit from the death
● Frequently results in a DNR
○ CPR is not performed
○ Patient is allowed to die
○ Sometimes difficult for health care workers to die
● legal document that a person uses to make known his or her wishes
regarding regarding life prolonging medical treatments
○ Also known as an advanced directive, health care directive or physicians directive
○ Often confused with a living trust
○ Provides your voice in medical situations when you are unable to speak for yourself
REQUIREMENTS FOR LIVING WILL
● Should indicate which treatments you do or do not want applied to you in the event
you suffer from a terminal illness or are in a permanent vegetable state.
● It will not become effective unless you become incapacitated ; until then you are able to say
what treatments you receive.
Living Will (continued)
● Usually require proof from your doctor as well as another doctor that you
are suffering from a terminal illness or are permanently unconscious before
it will become effective.
○ Ex: Suffer a heart attack - you will still be resuscitated, even if you have a
living will indicating that you do not want life prolonging measures taken.
● A living will is only used when your ultimate recovery is hopeless
POWER OF ATTORNEY
● A document that allows you to apoint a person to handle your affairs while
you are _______________ or unable to do so
○ General Power of Attorney
○ Special Power of Attorney
○ Health Care Power of Attorney
○ “Durable” Power of Attorney
○ Revocation of Power of Attorney
Durable Power of Attorney (POA)
● document that permits an individual to appoint another person to make any
decisions regarding health care if they become unable
● Usually given to spouses or adult children, but can be given to any
qualified adult
● Must be signed by both parrties and one or two adult witnesses
HEALTH CARE POWER OF ATTORNEY
● Is used in situations when you are incapicated and are not able to speak for
yourself, but your health is not so dire that your living will becomes
effective.
● Could also be known as a healthcare proxy
● Gives another person the authority to make decisions concerning your health care in
the event you are incapacitated
● The person you designate is supposed to consider what you would
want in the event the situation happens.
● This may be a difficult decision to make, but having the conversation helps to lessen the
burden when the time comes.
Advance Directives for Health Care
● Patient Self-Determination Act (PSDA)
○ Federal law that established certain requirements of health care facilities
■ inform every adult of their rights
■ Provide assistance and info on preparing direct directives in the chart
■ Affirm that there is no discrimination
■ Educate their staff on advanced directives○ Health care workers must be aware of the act and honor it
DNR
● do not resestae
● A binding legal document that states resetation should not be attempted if the
person suffers cardiac or respitory arrest
● May be insttituted on the basis of an advanced directive from a person, or from
someone entitled to make decisions on their behalf
● In the state of Texas a DNR is written when the position, family and patient
agree that quality of life would be so decreased that resuscitation should not be performed
Advanced Directives
● None of these documents will do you any good if no one knows about them!
● Talk to your doctor and the person you designate as your health care proxy.