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DHO Chapter 5

Legal and Ethical Responsibilities

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
Created by: mrsdancona