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HIT112 Ch. 1, 2, 4&3
Legal Aspects of Health Care Administration Module 1
| Question | Answer |
|---|---|
| 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 |
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adale3171
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