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DHO Chapter 5
Legal and Ethical Responsibilities
Term | Definition |
---|---|
legal | responsibilites that are authorized or based on law |
criminal law | focuses on criminal behavior; deals with wrongs against people, property, and society |
civil law | focuses on legal relationships between people and protections of persons rights |
tort | wrongful act which doesnt include a contract |
malpractice | failure of professional to use degree of skill and learning commonly expected in persons profession, resulting in injury |
negligence | failure to give care normally expected of person in particular position, resulting in injury |
assault and battery | assualt includes threat or attempt to injure. battery includes unlawful touching of person w/o consent |
informed consent | permission given voluntarily by person of sound mind after procedure and risks have been explained. person can take consent back at anytime. |
invasion of privacy | unnecessary exposing individual/revealing personal info about person w/o consent |
false imprisonment | restraining individual/restricting individuals freedom |
abuse | any care that results in physical harm, pain, or mental anguish. verbal - threatening harm, denying rights, threatening to reveal info about patient |
defamation | when false statements cause person to be rediculed/damage to persons reputation |
slander | incorrect info is spoken |
libel | false info is written down |
contract | agreement between 2+ parties. most have 3 parts: offer, acceptance, and consideration |
implied contracts | obligations that are understood w/o verbally expressed terms. |
expressed contracts | stated in distinct and clear language, either in writing or verbally |
legal disability | condition where person does not have legal capacity and therefor unable to enter in legal agreement |
agent | person working under employer |
privelaged communications | comprise all info given to health care personel by patient |
health care records | considered privelaged communications; they contain info about care provided to patient. can be used in court of law |
ethics | set of principles relating to what is morally right or wrong |
confidentiality | info about patient must remain private and can only be shared with other members of patients health care team |
patients' rights | factors of care patient can expect to recieve |
patient's bill of rights | bill that states patients have right to: privacy, confidentiality, info about procedures, info about hospital, advanced directives for health care, refuse treatment |
resident's bill of rights | bill that says residents has right to no abuse, restraints, info on self and facility, acess to family or spouse, voice complaints with out fear of retaliation |
advance directives | document where people state if they do or dont want treatment if incapacitated or unable to speak. living will or DHCS/POA |
living will | document that states what measures should or shouldnt be taken to keep alive if death is expected. usually dnrs |
designation of health care surrogate | when someone is appointed to make health care decisions for someone who is unable to. often court appointed |
durable power of attorney (POA) | document that allows individual (principle) to assign person (agent) to make decisions about health care if they are unable. usually child or spouse |
patient self-determination act. (PSDA) | mandates any health care faculity with federal aid to comply with requirements. educate staff, no discrimination, inform anyone right to make health care decisions |