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HIT112 Ch. 1, 2, 4&3

Legal Aspects of Health Care Administration Module 1

educated in the universities and permitted to perform all types of operations; Inferior to physicians long-robe surgeons
barbers; allowed only to leech and shave the patient; Inferior to physicians short-robe surgeons
the production and discharge of pus suppuration
deals with relationships between individuals and government public laws
deals with relationships among individuals or private parties Tort Contract actions private law
- a civil wrong against an individual - can be intentional, non-intentional, or criminal wrong (i.e. assault and battery) tort action
a claim that someone breached a contract by not doing what was agreed upon contract action
- developed to address health care issues and problems in society - ex. cost, quality of care, confidentiality, labor relations and employment policies public policy
- Common law - Statutory law - Administrative law Sources of the law
- derived from judicial decisions - unwritten law based on custom and tradition - developed into a system based in part on earlier court decisions reached by various courts in similar situations common law
"Written laws" or acts whose exact words have been drafted and approved by a federal or state legislature federal and state statutes/statutory law
the extensive body of public laws issued by administrative agencies to administer the enacted laws of the federal and state governments; it is the branch of law that controls the administrative operations of the government administrative agencies/public law NC calls it administrative code
a decision in a case that sets forth a new legal principle precedent
the thing is decided res judicata
let the decision stand stare decisis
an offense punishable by less than 1 year in jail and/or a fine misdemeanor
generally punishable by imprisonment in a state or federal penitentiary for more than 1 year felony
written law emanating from a legislative body statutory law
society's expression of the limits of acceptable human and institutional behavior criminal law
any social harm defined and made punishable by law crime
the official charging instrument accusing the defendant of criminal conduct indictment
spell out the exact circumstances that constitute a crime criminal statutes
circumstances of the offense elements
- maintain public order and safety - protect the individual - use punishment as a deterrent to crime - to rehabilitate the criminal for return to society objectives of criminal law
1) The act itself is a criminal act known as actus reus 2) The intent to commit the criminal act provides the requisite mental state or the mens rea 3) The attendant circumstances 3 elements in a criminal case
the guilty act Actus reus
requisite mental state Mens rea
a formal reading of the accusatory instrument and includes the setting of bail arraignment
a generic term that describes a variety of documents, each of which accuses a defendant of an offense accusatory instrument
evidence that would convince a rational fact finder that the defendant was guilty beyond a reasonable doubt substantial evidence
the reckless disregard for the safety of others criminal negligence
the intentional neglect by any person, including a caregiver, causing unjustifiable pain or suffering to an infirm, aged patient cruelty to the infirm
occurs when one person is forced, without giving consent, to have sexual intercourse with another rape
occurs when a person under the age of legal consent has sexual intercourse with another statutory rape
resolving disputes in accordance with the law adjudication
the legal right to hear and rule on a particular case jurisdiction
the authority of a court to first conduct a trial on a specific case original jurisdiction
where appeals from trial judgements are held appellate jurisdiction
the president prevents a bill from becoming law by avoiding any action while Congress is in session pocket veto
1. Physician-Patient relationships 2. Hospital-Patient relationships 3. Hospital-Physician relationships Health Care Relationships
1. Breach of Contract 2. Nonintentional torts 3. Intentional torts 3 Primary Theories of Liability in Healthcare
1. Preservation of peace 2. Culpability 3. Deterrence 4. Compensation Basic Objectives of Tort Law
1. Negligence 2. Intentional torts 3. Strict liability 3 Basic Categories of Tort Law
failure to do what a reasonably prudent person would do in a similar situation negligence
- administering the wrong medication - administering the wrong dosage of a medication - administering medication to the wrong patient - surgical procedure without consent - surgical procedure on the wrong patient - wrong surgical procedure Commission of an Act
- Failure to conduct a thorough H&P exam - Failure to assess and reassess nutritional needs - Failure to give medications - Failure to order tests - Failure to follow up on abnormal or critical test results Omission of an Act
performing an unlawful act; bad malfeasance
improper performance of an act that results in injury; oopsie misfeasance
failure to act when there was a duty to act; just didn't do it nonfeasance
1. Ordinary negligence 2. Gross negligence 2 degrees of negligence
failure to do what a reasonably prudent person would or would not do ordinary negligence
intentional or wanton omission of care, or the doing of that which would be improper to do gross negligence
1. Duty to care 2. Breach of duty 3. Causation/proximate cause 4. Damages Elements of Negligence
owed to patient - what should have been done duty of care
deviation from what should have been done breach of duty
direct connection between the breach of duty and patient's injury causation/proximate cause
root cause proximate cause
the thing speaks for itself Res Ispa Liquitur
negligence when applied to the professional person is called malpractice
when the four elements of negligence have been proven, the plaintiff has presented prima facie case of negligence
restore the injured party's financial situation to match the party's financial state before suffering harm compensatory damages
awarded to the plaintiff for pain and suffering caused by conduct that would be considered egregious punitive damages
includes physical harm, pain, suffering, and loss of income or reputation injury
the reasonable anticipation that harm or injury is likely to result from a commission or omission of an act foreseeability
a test that determines whether one of ordinary prudence and intelligence should have anticipated the danger to others caused by his or her negligent act test for foreseeability
one that is committed deliberately intentional tort
intentional act designed to make the victim fearful; does not involve physical contact assault
intentional touching of one person by another without the consent of the person being touched battery
the unlawful restraint of an individual's personal liberty or the unlawful restraint or confinement of an individual false imprisonment
the written form of defamation libel
the oral form of defamation slander
injury of a person's reputation or character caused by the false statement of another made to a third person defamation
willful and intentional misrepresentation that could cause harm or loss to a person or his/her property fraud
1. Truth 2. Privilege 2 defenses to a defamation action
differs from defamation in that the person making the communication has a responsibility to do so privileged communication
statements made during judicial and legislative proceedings as well as to confidential communications between spouses absolute privilege
statements made as a result of a legal or moral duty to speak in the interests of third persons qualified privileges
distribution of information about another person's personal private matters Invasion of Privacy
a legal doctrine that makes some persons or entity responsible for damages their actions or products cause; responsibility without fault strict liability
the accountability of a manufacturer, seller, or supplier of chattels to a buyer or other third party for injuries sustained because of a defect in a product products liability
procedures used are in violation of universal precautions and procedures that are standard in the healthcare industry comparative fault
a particular type of guarantee concerning goods or services provided by a seller to a buyer warranty
includes specific promises or affirmations made by the seller to the buyer express warranty
a guarantee of a product's quality that is not expressed in a purchase contract; assumes that the item sold can perform the function for which it is designed implied warranty
physician ends physician-patient relationship without giving patient adequate notice or assisting in finding continuing care Medical Abandonment
Created by: adale3171