law, documentatio, and professional ethics Flashcards

abandonment

A health professional's failure to provide care to a patient,
especially when there is an implied contract to do so.

accountability

Accepting responsibility for one's actions. In a professional
context, this means the roles and actions accepted by an individual
within the context of their occupation, require the person to accept
responsibility for the consequences.

administrative law

Laws made by government agencies.

advance directive

A document in which a person gives instructions about his or her
medical care in the event that the individual cannot speak for himself
or herself.
ex living will, medical power of attorney

damages

money awarded in a civil lawsuit to compensate the injured party

defamation

derogatory statement concerning another person's skill, character, or reputation

delegation

Assignment of duties to another person. In medicine, the person who
delegates a duty retains accountability.

deposition

testimony of a witness given under oath and transcribed by a court
reporter during the pretrail phase of a civil lawsuit.

dilemma

a situation or personal conflict that arises from a need to make a
decision when none of the choices are acceptable

ethical dilemmas

situations in which ethical choices involve conflicting values

ethics

core values that are based on knowledge of right and wrong-- not
based on culture, religion or time.
are universal

evidence based practice

professional practices and their standards based on established
scientific research rather than opinion and tradition.

hospital policy

A set of rules or regulations that hospital employees are required to
follow, created to protect patients and employees from harm and to
ensure the smooth operation of the hospital

incident report

A written description of any event that caused harm or presented the
risk of harm to a patient or staff in the course of normal healthcare.

informed consent

A written description of any event that caused harm or presented the
risk of harm to a patient or staff in the course of normal healthcare

laws

standards of conduct that apply to all people in a given society.

liable

legally responsible and accountable

living will

legal document stating patients wishes regarding care in the even
they cannot speak

libel

defamation in writing

malpratice

negligence committed by a professional

medical ethics

branch of ethics concerned with the practice of medicine

negligence

failure to act with the prudence that a reasonable person would
exercise under the same circumstances

perjury

the crime of making intentionally lying or falsifying info during
court testimony after a person has been sworn under oath

practice acts

State law that establish and regulate the conditions under which
professionals my practice including licensure, registration,
educational requirements, scope of duties, and functions.

professional ethics

Ethical behavior established by authoritative peers of a particular
profession, such as medicine or law.

retained foreign object

an item that is inadvertently left inside the patient during surgery

safe medical act

a federal regulation that requires the reporting of any incident
causing death or injury that is suspected to be the result of a
medical device

sentinel event

An unexpected incident resulting in serious physical injury,
psychological harm, or death. near miss injury or harm included

sexual harrassment

sexual coercion, sexual innuendos, or unwanted sexual comments,
gestures or touch

slander

spoken deflamation

standards of conduct

A set of rules or guidelines an organization writes for its members.
The rules pertain to how people behave and are based on the principles
that the organization values, such as professionalism and personal integrity.

statutes

laws passed by legislative bodies

TIMEOUT

A procedure for verifying the patient's identity, correct procedure
and location(side), verification of informed consent, and other
documents necessary to proceed with the procedure

tort

a legal wrongdoing that results in injury to a person or property

unretrieved device fragment

a portion of a medical device that has broken off or come apart in
the body and is not detected or removed;
ex fragments of a broken surgical needle or a hinge pin of a
surgical instrument

occupational safety and health administration (OSHA)

issues and enforces regulations that protect employees and patients
against risks in the work environment

environmental protection agency (EPA)

regulates the use of chemicals such as those used in disinfection,
sterilization, and environmental cleaning.

food and drug administration (FDA)

establishes laws that govern the safety of medicines and protect the
public from medical devices that might be defective, unsafe, or hazardous.

OSHA example

things caused by chemical, electrical devices, and risks associated
with blood borne diseases

FDA example


safe medical device
act, which requires hospitals to report any incident in which a
medical device is believed to be the cause of injury or death.

what is the most common cause for injury in the health care setting?

negligence

respondent superior

let the master respond"
Individual professionals on the surgical team are accountable for
their own acts whether they are unintentional , negligent, or delegated

res ipsa lquitur

the thing speaks for itself"
the defendant is judged to be guilty of an act of negligence even
though there are no direct evidence of harm

primum non nocere

first, do no harm"
professionals have a legal and ethical responsibility to ensure that
their care does not cause injury or harm

doctrine of foreseeability

based on the idea that health professionals should be able to predict
specific situation, equipment, or procedures that could injure a
patient, and he/she should takes steps to prevent harm to patient

center for disease control and prevention

(CDC)
monitors disease outbreaks, health topics, and emergency preparedness

department of health and human services

(DHHS)
protecting the health of all Americans nd providing essential human
services, especially for those who are least able to help themselves
oversees health care programs and the health and human concerns of
the nation.
have authority to regulate health care providers

scope of practice

the acceptable boundaries of practice of the healthcare professional.
based on the education and experience of the person, their role, and
the temperament of the client population within the practice environment