Policy & Law midterm definitions

a civil wrong other than a breach of contract for which a court provides a remedy

tort

unintentional omission or commision of an act that a reasonably prudent person would or would not do under given circumstances

negligence

Responsibility to not only provide care, but to provide it in an acceptable manner.

Standard of care

The deliberate threat, coupled with the apparent present ability, to do physical harm to another. No actual contact is necessary.

Assault

An intentional touching of someone in a socially impermissable manner, without that persons consent.

Battery

The unlawful restraint of an individuals personal liberty or the unlawful restraining or confining of an individual. Actual physician force is not necessary.

False imprisonment

False oral or written communication to someone other than the person defamed that tends to hold the persons reputation up to scorn and ridicule in the eyes of a substantial number of respectable people in the community

defamation of character

The willful and intentional misrepresentation that could cause harm or loss to a person or property

fraud

the right to be left alone; free of unwarranted publicity and exposure to public view, as well as the right to live ones life without having ones name, picture or private affairs made public against ones will

Invasion of privacy

Suffering resulting from painful emotions such as grief, public humiliation, despair, shame and wounded pride

mental distress

The accountability of a manufacturer, seller or supplier of goods to a buyer or other 3rd party for injuries sustained because of a defect in product

products liability

The individual in charge of medical records, licensed by American Health Info Management, responsible for ensuring that the facility complies with all regulations and amendments affecting medical records

HIMA

What is grounds for suspension of medical staff privileges?

incomplete records

Three elements that must be established for criminal arrest procedure

Actus reus
Mens rea
Circumstances were presents w/o a doubt

In a criminal trial the jury must be:

unanimous

signed by President Regan, enacted to encourage greater efforts in professional peer review and to restrict the ability of incompetent practitioners who move from state to state attempting to avoid discovery of previous substandard performance or unprofes

The Health Care Quality Improvement Act of 1986

T or F: Incident reports should be placed in the medical record

F (they should NOT be)

An unexpected occurrence involving death or serious physical or psychological injury or the risk thereof

sentinel event

performed after sentinel event; chronological review to identify what, how, why, when and where an unwanted event occurred in order to prevent reoccurrence

root cause analysis (RCA)

Intentional tort

gross criminal negligence

Elements of negligency

Duty to care
Breach of duty
Injury
Causation

4 exceptions of defamation of character where harm does not need to be proven to be sued:

1. Accusing someone of a crime
2. Accusing someone of having a loathsome disease
3. Using words that effect a persons business
4. Calling a woman unchaste

Protects the rights of patients to make decisions regarding their own health care. The patient has the right to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment.

Patient Self Determination Act of 1990

public private partnerships to aid in the prevention of health care fraud

ACA (obama) 2012

a civil wrong other than a breach of contract for which a court provides a remedy

tort

unintentional omission or commision of an act that a reasonably prudent person would or would not do under given circumstances

negligence

Responsibility to not only provide care, but to provide it in an acceptable manner.

Standard of care

The deliberate threat, coupled with the apparent present ability, to do physical harm to another. No actual contact is necessary.

Assault

An intentional touching of someone in a socially impermissable manner, without that persons consent.

Battery

The unlawful restraint of an individuals personal liberty or the unlawful restraining or confining of an individual. Actual physician force is not necessary.

False imprisonment

False oral or written communication to someone other than the person defamed that tends to hold the persons reputation up to scorn and ridicule in the eyes of a substantial number of respectable people in the community

defamation of character

The willful and intentional misrepresentation that could cause harm or loss to a person or property

fraud

the right to be left alone; free of unwarranted publicity and exposure to public view, as well as the right to live ones life without having ones name, picture or private affairs made public against ones will

Invasion of privacy

Suffering resulting from painful emotions such as grief, public humiliation, despair, shame and wounded pride

mental distress

The accountability of a manufacturer, seller or supplier of goods to a buyer or other 3rd party for injuries sustained because of a defect in product

products liability

The individual in charge of medical records, licensed by American Health Info Management, responsible for ensuring that the facility complies with all regulations and amendments affecting medical records

HIMA

What is grounds for suspension of medical staff privileges?

incomplete records

Three elements that must be established for criminal arrest procedure

Actus reus
Mens rea
Circumstances were presents w/o a doubt

In a criminal trial the jury must be:

unanimous

signed by President Regan, enacted to encourage greater efforts in professional peer review and to restrict the ability of incompetent practitioners who move from state to state attempting to avoid discovery of previous substandard performance or unprofes

The Health Care Quality Improvement Act of 1986

T or F: Incident reports should be placed in the medical record

F (they should NOT be)

An unexpected occurrence involving death or serious physical or psychological injury or the risk thereof

sentinel event

performed after sentinel event; chronological review to identify what, how, why, when and where an unwanted event occurred in order to prevent reoccurrence

root cause analysis (RCA)

Intentional tort

gross criminal negligence

Elements of negligency

Duty to care
Breach of duty
Injury
Causation

4 exceptions of defamation of character where harm does not need to be proven to be sued:

1. Accusing someone of a crime
2. Accusing someone of having a loathsome disease
3. Using words that effect a persons business
4. Calling a woman unchaste

Protects the rights of patients to make decisions regarding their own health care. The patient has the right to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment.

Patient Self Determination Act of 1990

public private partnerships to aid in the prevention of health care fraud

ACA (obama) 2012