abuse
...any care that results in physical harm, pain, or mental anguish
advance 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
agent
...in contract law this person is working under the employer in this role
assault and battery
...threat or attempt to injure or the unlawful touching of another person without consent
civil law
A law that governs relationships between individuals and defines their legal rights.
confidentiality
information about the patient must remain private and can be shared only with other members of the patient's health care team
contract
...an agreement between two or more parties
criminal law
...deals with the wrongs against a persons property example: practicing without a license
defamation
...occurs when false statements either cause a person to be ridiculed or damage there person's reputation
designation of health care surrogate
...to appoint another person to make any decisions regarding health care if the principal should become unable to make decisions
Durable Power of Attorney
...Document that appoints another person to make any decisions regarding health care if the principal should become unable to make decisions
expressed contracts
...stated in distinct and clear language, either orally or in writing ex. surgical permit
false imprisonment
...restraining or restricting an individual's freedom
health care records
...privilege communications that contain information about the care provided to the patient
implied contracts
...obligations that are understood without verbally expressed terms
informed consent
permission granted voluntarily by a person who is of sound mind and aware of all factors involved
invasion of privacy
...includes unnecessarily exposing an individual or revealing personal information about and individual without that person's consent
legal
...based on law
legal disability
...a person who does not have legal capacity to form a contract
libel
...written defamation
living wills
...documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal
malpractice
providing improper or unprofessional care that results in injury
negligence
...failure to give care that is normally expected of a person in a particular position, resulting in injury to another person
Patient Self Determination Act
...federal law that ensures patients are informed of their rights
Patients' Bill of Rights
...List of patient rights honored by hospitals
patients' rights
...the factors of care that patients can expect to receive
privileged communications
...comprise all information given to health care personnel by a patient
Resident's Bill of Rights
...List of resident rights honored by long term care facilities. Created as a result of the OBRA Act 1987
slander
...spoken defamation
tort
...wrongful act that does not involve a contract
Law
societal rules or regulations that are adviseable or obligatory to observe (mandatory, face civil or criminal liability).
Ethics
moral standards and a code for behavior that govern an individual's interactions with others and within society.
Bioethics
the ethical implications of biomedical technology and its practices; life & death issues; local, organizational, personal, worldwide implications
Morality
what is believed to be right and wrong.
Types of laws affecting health care
Criminal, civil law
Tort
A wrongful act that doesn't involve a contract
Malpractice
The failure if a professional to use the degree of skill and learning commonly expected in that individuals profession
Negligence
Failure to give care that is normally expected of a person in a particular position
Assault
A threat or attempt to injury
Battery
Unlawful touching of another person without consent
Informed consent
Permission granted voluntarily by a person who is of sound mine after the procedure and all risks involved have been explained
Invasion of privacy
Unnecessarily exposing or revealing personal information without the persons consent
False imprisonment
Restraining an individual or restricting an individuals freedom
Examples of abuse
Physical, verbal, psychological, sexual
Defamation
False statements either cause a person to be ridiculed or damage the persons reputation
Slander
When defamation occurs and the information is spoken
Libel
When defamation occurs and the information is written
Contract
An agreement between two or more parties
Part of contracts
Offer, acceptance, consideration
Implied contracts
Obligations that are understood without verbally expressed terms
Expressed contracts
Stated in distinct and clear language either orally or in writing
Legal disability
When someone doesn't have the legal capacity to form a contract.
Privileged communications
All information given to health care personnel by a patient
Patients rights
The factors of care that patients can expect to retrieve
Advance directives
Legal documents that allow individuals to state what medical treatment they want to or do not want in the even they become incapacitated and are unable to express their wishes regarding medical care
Living wills
Documents that allow individuals to state what measures should or should not be taken to prolong life when death is expected
PSDA
Patient self-determination act
Organ Donation and Transplantation
Common Law Position
-Body parts cannot be removed from living person unless it is for therapeutic purposes
-Criminal offence of maiming
-Consent is irrelevant
Elements of Negligence
1.The existence of a duty of care;
2.A breach of the standard of care;
3.Damage suffered which was reasonably foreseeable; and
4.The breach caused, or materially contributed to the damage (causation).
o HIPAA:
Health Insurance Portability and Accountability Act