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Ethics & Law
| Term | Definition |
|---|---|
| 3 Types of Rights | 1. Civil Rights 2. Constitutional Rights 3. Human Rights |
| Civil Rights | Basic legal rights held by US citizens |
| Constitutional Rights | Afforded to citizens through the U.S. Constitution |
| Human Rights | Fundamental Rights of all people (regardless citizenship status) |
| Types of Law | 1. Public Law 2. Civil Law 3. Common Law 4. Statuary Law |
| Public Law | Focuses on issues between a government and its citizens involved criminal, constitutional and a administrative law |
| Civil Law | Focuses on issues between private citizens Ex:Medical Malpractice |
| Common Law | Traditional civil law of an area or region resulting from rulings from judges on individual disputes/cases |
| Statutory Law | Laws enacted by federal state and local legislators and enforced by the court system |
| Difference between assault & battery? | Assault: Happens when a threat or attempt is made to touch someone without permission Battery: Occurs when a non-consenting patient is actually touched. You can be charged with both. |
| Ex: Patient suing a doctor for false imprisonment | If the patient wants to go home and the doctor refuses to let him |
| Good Samaritan Laws | Not applied when working: a. The victim, if conscious seeks or is willing to accept aid b. The care provider behaves in an orderly fashion and doesn't do anything intentionally wrong c. Provider doesn't expect to receive payment for administration aid |
| When should abuse be reported? | When suspected |
| 1-3 Rights Proposed In Health Care | 1. The right to information: receive accurate and easily understood information 2. The right to choose: choice of healthcare providers 3. Access to Emergency Services: access emergency services when needed |
| 4-6 Rights Proposed In Health Care | 4. Care without discrimination: considerate and respectful care to all 5. Right to Privacy: confidentiality/information must be protected 6. Right To Speedy Complaint Resolution: fair and efficient process for resolving difference with health services |
| Patient Advocacy | A doctor must always support the best interests of patients and help them secure quality care |
| Informed Consent | When patients are given information about their care and voluntarily consent to particular treatments or procedures |
| When must H.C. professionals obtain a patient's written, informed consent? | Invasive procedures (ex:surgery), the use of experimental drugs, dangerous procedures, any procedure that poses a significant risk to the patient |
| What is implied consent and when is it appropriate? | When a patient gives verbal permission for care to be provided without written consent. It's appropriate when unconscious |
| Legal Guardian | Someone appointed by a judge to act for another person |
| Ward | The person who is under legal guardianship |
| When can personal information be given out (according to HIPPA)? | For identification purposes (ex: at the sign-in sheet) |
| Information that is considered confidential | Name, age, email address, social security number, address, phone number, medical history, medications, diagnosis, observations on health, medical record number, any unique identifier, the fact that the patient is in the hospital |
| Living Will | Legal documents designating what steps, if any, are to be taken in order to save or prolong a person's life |
| Incapacitated | Unable to make his or her own medical decisions |
| A durable power of attorney for H.C. | Designated person to make health care decisions on behalf of the patient in the event the patient becomes incapacitated |
| When is written consent required? | When a patient is going through a major procedure (ex:surgery) |
| Tort | Wrongful action that causes harm which results in restitution |
| Law | Rules of conduct that are enforced by government authorities |
| Ethics | A set of moral standards or a code of behavior to govern interactions with other individuals. (different for each culture) |
| Bioethics | The ethical implications of biomedical technology and its practices (often involves life and death issues) |
| Litigation | A legal proceeding/lawsuit in court may occur between patient and professional |
| Public Government | Government vs citizens |
| Criminal Law | Crimes and punishments of persons violating the law. Criminal wrongs are acts against the welfare and safety of the public. Usually result in punishment of imprisonment or fine |
| Constitutional Law | Abortion issues and civil rights issues |
| Administrative Law | Laws enforced by government agencies- FDA, IRS, Board of Medical Examiners |
| Civil Law: Plaintiff | The party bringing the action- must prove the case by presenting convincing evidence to the judge or jury |
| Civil Law: Defendant | The person or group accused in a court action |
| Civil Law: Summons | An order, in a civil case, directing an official to notify a defendant where and when to appear to answer charges against him/her |
| Penalties for Tort | Payment, not prison |
| Intentional Tort | Deliberate acts meant to cause harm-rare |
| Unintentional Tort | Prescription dosage error, wrong information entered in a patient chart |
| Advocacy | Supporting best interests of all patients |
| Informed Consent | Patients given info about their care and they consent to treatment plan |
| Implied Consent | No signed written statement- emergency/unconscious |
| Written Consent | Required for: surgery, experimental drugs, possibly dangerous, procedures, any procedures that poses risks |
| Professionalism | A set of values, behaviors, and relationships that form a foundation on which patient and colleague trust is formed |
Created by:
kaylarobinson06
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