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Cricks MedicalLegal

Medical Legal Lesson

QuestionAnswer
What are the 5 sources of regulation for the medical field? Federal Gov, State Gov, Local Gov, Licensure Agencies, Industry Standards
What are the two forms of law in the USA? Criminal Law and Tort Law (also called Civil Law)
What 3 things fall under the classification of criminal offenses? crimes against persons, society and property
Tort (Civil) Laws involve what two areas? Legal Relationships and Protection of Individual Rights (Torts and Contracts)
Do torts involve a contract? No- non contract only
In the medical field, what do someone commonly do to commit a tort? Injure a pt by not meeting the standard of care
Where can someone find the standards of care for a given field? the training resources they used in school
What is malpractice? A form of tort where a professional was the perpetrator
What has to be proven in malpractice? the defendane failed to use the degree of skill and knowledge reasonably expected from individuals in the profession
What has to happen before a malpractice claim can be valid? The pt must prove injury or harm
What is defined as the failure to give care normally expected from someone in your position? negligence
What is the big difference in malpractice and negligence? Malpractice involves doing something poorly, negligence tends to be NOT doing something that was expected
What is defined as the attempt to injure another party? assault
What is defined as the unlawful touching of another party? battery
What is consent? Permission given to touch w/o risk of battery
What are the 2 parts of the Golden Rule of Consent? 1) Consent must be informed 2) Consent can be withdrawn at any time
What two acts constitute invasion of privacy? Revealing personal info without consent and unnecessarily exposing their body to view
Restraining an individual or restricting their freedom is a violation called __ false imprisonment
What are the 4 types of abuse? physical, verbal, sexual and psychological
When must a healthcare worker report abuse of a patient? ANY time they suspect it
What two parties need to be informed of suspected abuse? law enforcement or a designated reporter
Making false statements that causes ridicule or damage to a reputation is a violation called __? Defamation of Character
What is the act of defamation of character by written word? libel
What is the act of defamation of character by spoken word? Slander
Created by: russcrick
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