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Legal/Ethical
Legal and Ethical Responsibilities
| Question | Answer |
|---|---|
| Criminal Law | -A crime, wrongs against a person, property, or society Ex. Theft, murder |
| Civil Law | -Focuses on legal relationships between people and protection of a person's rights -Deals w/ torts and contracts |
| Tort | -Wrongful act that does not involve a contract |
| Malpractice | -Failure of a professional to use his degree of skill an learning commonly expected in a particular profession |
| Negligence | -Failure to give care that is normally expected of a person in a particular position, resulting in injury |
| Assault | A threat or attempt to injure |
| Battery | Unlawful touching of another person w/o their consent |
| Consent | Patients must give ________ and have the right to refuse care |
| Informed Consent | Permission granted voluntarily by a competent person after the procedure/risks have been explained in easily understood terms |
| Invasion of Privacy | Unnecessary exposure of an individual or revealing of personal information w/o their consent |
| False Imprisonment | Restraining an individual or restricting their freedom |
| Types of Abuse | -Physical -Verbal -Psychological -Sexual |
| Physical | Abuse using hitting, force, restraining, deprivation of food/water, or not providing physical care |
| Verbal | Abuse using harsh words, swearing/shouting, use inappropriate words to describe a persons race or nationality, or writing threats or abusive statements |
| Psychological | Abuse regarding threatening to harm, denying rights, belittling, intimidating, ridiculing, threatening to reveal information |
| Sexual | Abuse regarding any unwanted sexual touching/act, sexual gestures, or suggesting sexual behavior |
| Domestic Abuse | Intimate partner uses threatening, manipulative, aggressive behavior to maintain power/control over another person |
| S/S of Abuse | -Unexplained injuries -Signs of neglect such as poor personal hygiene -Irrational fear/change in personality -Aggressive/withdrawn behavior -Patient statements that indicate abuse or neglect |
| Defamation | False statement that causes a person ridicule or damage to her reputation |
| Slander | Spoken defamation |
| Libel | Written defamation |
| Parts of a contract | -Offer -Acceptance -Consideration |
| Offer | Competent individual enters into a relationship with HC provider and offers to be a patient |
| Acceptance | HC provider gives an appointment or examines/treats the patient |
| Consideration | Payment made by a patient for services provided |
| Implied Contract | Obligations that are understood w/o verbally expressed terms |
| Expressed Contract | Stated in distinct/clear language, orally or in writing |
| Legal Disability | Person doesn't have the legal capacity to form a contract |
| Legal Disability Examples | -Minors -Mentally incompetent person -Person under drug influence -Semiconscious/unconscious person |
| Breach of Contract | When a contract is not performed according to the agreement |
| Translator/Interpreter | Must be used when a contract is explained to a non-English speaking person |
| Agent | Person who works under the direction/control of another person |
| Principal | -Employer -Responsible for actions of agent |
| Privileged Information | -Any info given to health personnel by a patient -Info must be kept confidential and shared only w/ other members of HC team |
| Privileged information that is exempt by law and must be reported | -Births/deaths -Injuries caused by violence that may require police -Drug abuse -Communicable disease -STDs |
| Errors on Records | -Cross out errors w/ single line; note error -Insert correct info, initial, and date |
| Destruction of Records | Must be burned or shredded so confidentiality is maintained |
| Computer Confidentiality Safeguards | -Limiting personnel who have access -Using codes to prevent access to certain info -Requesting passwords -Constantly monitoring/evaluating computer use |
| OBRA | The act that guarantees certain rights to residents in long-term care facilities. |
| Abuse | Any care that results in physical harm, pain, or mental anguish |
| Ethics | A set of principles relating to what is morally right an wrong |
| Living will | Legal document that allows an individual to state what measures should or should not be taken to prolong life when a condition is terminal |
| Who do health care records belong to? | health care provider |
| PSDA | requires all health care facilities that receive federal aid to provide patients with information and assistance in preparing advance directives |
| Durable power of attorney | a document that permits an individual (known as the principal) to appoint another person (known as the agent) to make any decisions regarding health care if the principal should become unable to make decisions |
Created by:
chsteacher
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