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Legal & ethical resp
Study guide for legal & ethical responsibilities
| Question | Answer |
|---|---|
| False imprisonment | physically restraining and preventing movement of a patient without proper justification or authorization. Ex. Improper use of bed restraints, patient is placed into a secluded room, such as a psychiatric unit, without protocol signed by a physician. |
| Patients Rights | Informed consent, the right to notice of privacy practices, the right to limit or request restrictions on their protected health information - limits how facility can use their medical info & how much info is shared, the right to confidential communicati |
| Autonomy | The freedom over one’s moral & legal affairs. Ex. A patient chooses to refuse chemotherapy even after the doctor explains it could extend their life. The healthcare team must respect that choice, even if they disagree. |
| Slander | The act of making a false and harmful and damning spoken statement (FORM OF DEFAMATION) Ex. A nurse verbally tells others that a coworker is stealing medication when it’s not true. |
| Law of Agency | Legal doctrine says an employer is responsible/liable for actions Ex. A medical assistant gives an injection under a doctor’s supervision. If something goes wrong, the doctor (principal) may also be legally responsible. |
| Implied Consent | If a patient is unconscious and can’t give medical consent, med staff can assume consent to provide life-saving treatment. Children and teens cannot be given medical treatment until parental or guardian consent is provided. |
| Ethics | Guidelines/standards of behavior developed alongside morals, established by society. Ex. Honesty, respect, fairness, compassion |
| Tort | A wrongful act that doesn’t involve a contract. Ex. Malpractice, negligence, assault & battery, invasion of privacy, false imprisonment, abuse, defamation (Slander, libel). |
| Libel | A written false, harmful and damaging written statement (FORM OF DEFAMATION) Ex. A hospital employee writes a false complaint or posts online claiming that a doctor is incompetent. |
| Assault | A threat or attempt to injure. Ex. A healthcare worker threatens to give a patient an injection against their will. |
| Negligence | Practitioner fails to exercise ordinary or expected care AND pt. is injured or sustains damage as a result. Ex. side rails are left down on bed -> fall. Or not reporting defective equipment. |
| Malpractice | Failure to use degree of skill/learning -> injury, loss, damage Ex. Physician not administering a tetanus shot with a puncture wound. |
| Informed Consent | Permission granted of a person with a sound mind, has been instructed on the situation, & understands all the risks involved. Ex. Consent for procedures like a surgery, blood test, test. |
| Informational Invasion of Privacy | revealing personal info about an individual w/o their consent. Ex. informing news or media of a patient’s condition without their permission. |
| Clients Responsibilities | Providing info on past illnesses, hospitalizations, meds etc related to health. Informed decision making by asking questions if not fully understanding, copy of written advance directives, if any. Informing physicians & caregivers about anticipated probl |
| Living Will | Provides instructions directly to healthcare providers involved in healthcare treatment. Ex. Treatments/meds to suspend, DNR, at what stage of illness to suspend treatment. |
| Durable Power of Attorney | Gives 1 person (designee) the authority to make a variety of legal decisions on behalf of another grantor. Ex. A patient is in a coma after a car accident. Should be according to pt. wishes |
| HIPAA | Health Insurance Portability and Accountability Act. The right to notice of privacy practices, the right to limit or request restriction on PHI, the right to confidential communications, the right to inspect and obtain a copy of PHI, the right to request |
| Bill of Rights | Right to information, Right to choose providers and treatment, Right to privacy and confidentiality, Right to emergency care, Right to decide, Right to privacy, Right to respectful care, Right to records, Right to complaints, right to safety, and right t |
| Confidentiality | legal & ethical right to have personal medical info kept private. |
| Standard of Care | Legal doctrine says a standard must be met or else you’re held liable for any harm done to the patient. Ex. Er with chest pain, ignores and pt. suffers heart attack - failed standard of care. |
| Scope of Practice | Performance of duties must fall into their scope or job description, level of training, or qualifications. Ex. A dermatologist performing heart surgery. |
Created by:
sb4