Legal & Ethical study guide

Negligence

failure to give care that is normally expected of a person in a particular position, resulting in injury to another person

invasion or privacy

If a health care worker sends information to an insurance company without a patients written consent, this can be

Malpractice

If a physician fails to use a degree of skill and learning comply expected and the person receiving care is injured the physician can be sued for

False Imprisonment

If a patient is physically regained without proper authorization or justification this can lead to a charge of

abuse

any care that results in physical harm, pain, or mental anguish

Libel

A written defamation of a person's character, reputation, business, or property rights.

Ethics

the principles of right and wrong that guide an individual in making decisions

Is not a right of the patient

A patient is entitled to free care regardless of circumstances

living will

legal document that expresses client's wishes regarding medical treatment in the event the client becomes incapacitated and is facing end-of-life issues

informed consent

permission granted voluntarily by a person who is of sound mind and aware of all factors involved

verbal abuse

writing threats or abusive statements

signs and symptoms of abuse

Unexplained bruises, fractures, burns or injuries, Signs of neglect such as poor personal hygiene, Irrational fears or change in personality, Aggressive or withdrawn behavior, Patient statements that indicate abuse or neglect

Is not a requirement of the patient self determination act

Providing legal assistance for preparing advance directives

An example of a tort is

slapping a patient

The privacy standards of the Health Insurance Portability and Accountability Act (HIPAA) require all of the following except ____.

patients must sign a consent form to allow a birth or death certificate to be recorded by a government agency

Civil Law

A law that governs relationships between individuals and defines their legal rights. Torts)

Criminal Law

Deals with wrongs against a person drugs, abuse)

Malpractice

A physician fails to give a tetanus shot when a person has a puncture wound

Negligence

A patient is burned by moist compresses that are too hot

invasion of privacy

Information is given to an insurance company without a patients written consent

abuse

A healthcare worker shouted or sweats at a patient

Slander

A health care worker tell another person false information about a patient

Battery

A health care worker performs a procedure on a patient after the patient refused to give permission

3 parts of a contract

offer, acceptance, consideration

Implied Contract

Implied not spoken

expressed contract

a written or oral agreement in which all terms are explicitly stated

individuals that have legal disabilities

Minors, influence of drugs, unconscious

3 examples of privileged communications that are exempt by law and must be reported

Births, deaths, injuries due to violence,abuse

How should errors on a health care record be corrected?

?crossed out with a straight line
?must show in tails and date of error
?must record in pen

When health care records are disposed of after the legal time for retention how should they be destroyed

shredded or burned

5 ethics that Apple in most health care professions

Stay informed, provide care to all, maintain competent level of skill, respect patient wishes ,keep patient comfortable

2 advance directives

Living wills allow actions to be taken to prolong life, poa allows you to choice a person to make your decisions when you can't

Discuss 6 patients rights

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