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Unit 5

Legal & Ethical Responsibilities (Updated)

Wrongful acts that do not involve contracts. Torts
Must know and follow the state laws that set standards for their profession. Health care workers
Permitted for some procedures. Verbal consent
A threat or attempt to injure another individual, while assault includes the unlawful touching of another person without consent. assault
Includes the unlawful touching of another person without consent. Battery
No procedure should be performed if the patient does not give consent.
Can be physical, verbal, psychological, or sexual. Abuse
Does not have the right to form a contract. A person with a legal disability
Is always responsible for the actions of an agent. A principal
All information given to health care personnel by a patient is called privileged communication.
The growing use of computerized records in health care has created a dilemma in maintaining confidentiality.
Modern health care advances have created some ethical dilemmas for health care providers.
The Omnibus Budget Reconciliation Act (OBRA) of 1987 guarantees certain rights to residents in long-term care facilities.
A resident in a long-term care facility has the right to share a room with his or her spouse if both are residents in the facility.
A durable power of attorney for health care can be given to a spouse, child, relative or anyone.
A health care worker is never allowed to accept tips or gifts for care that has been provided to a patient.
Can never be released to other health care acilities without the patient’s written consent. information on a patient’s record.
A patient has the right to withdraw consent at any time.
Must be used when a contract is explained to a non-English-speaking individual. A translator
Occurs when an intimate partner uses threatening, manipulative, aggressive, or violent behavior to maintain power and control over another person. Domestic abuse
What can be shared with other members of the health care team. Confidential patient information
Patients have the right to obtain information regarding the relationship of a hospital to any other health care and educational institutions.
Can not be witnessed by his or her spouse and son or daughter. A patient’s living will
Cardio-pulmonary resuscitation is not performed when the person stops breathing. A DNR order
Failure to give care that is normally expected of a person in a particular position, resulting in injury to another person is ____. negligence
If a health care worker sends information to an insurance company without the patient’s written consent, this can be ____. invasion of privacy
If a physician fails to use a degree of skill and learning commonly expected and the person receiving care is injured, the physician can be sued for ____. malpractice
If a patient is physically restrained without proper authorization or justification, this can lead to a charge of ____. false imprisonment
Any care that results in physical harm, pain, or mental anguish can lead to a charge of ____. abuse
A false written statement that causes a person to be ridiculed or damages the person’s reputation is known as ____. libel
A set of principles relating to what is morally right or wrong are known as ____. ethics
A legal document that allows an individual to state what measures should or should not be taken to prolong life when a condition is terminal is a ____. living will
Permission granted voluntarily by a person who is of sound mind after a procedure and all risks involved have been explained is ____. informed consent
Writing threats or abusive statements is an example of ____. verbal abuse
1. Affirm that there will be no discrimination or effect on care due to advance directives. 2. Document any advance directives on the patient’s record. 3. Educate the staff on the medical and legal issues of advance directives. Requirements of the Patient Self-Determination Act.
Poor personal hygiene, aggressive or withdrawn behavior, unexplained bruises, fractures, burns, or injuries are signs or symptoms of abuse?
Slapping a patient is called tort
A law that focuses on legal relationships between people and the protection of a person’s rights is call a; civil law
A physician fails to administer a tetanus injection when a person has a puncture wound. malpractice
A patient is burned by moist compresses that are too hot. negligence
Information is given to an insurance company without the patient’s written consent. invasion of privacy
A health care worker shouts or swears at a patient. abuse (verbal)
A health care worker tells another person false information about a patient. slander
Three parts of a contract offer, acceptance, consideration
An obligation understood without verbally expressed terms implied contract
Stated in distinct and clear language, either orally or in writing expressed contract
Minors, mentally incompetent persons, individuals under the influence of drugs that alter the mental state, semiconscious or unconscious persons are examples of: Individuals who have a legal disability.
Examples of privileged communications that are exempt by law and must be reported. births, deaths, injuries caused by violence, drug abuse, communicable diseases, sexually transmitted diseases
When health care records are disposed of after the legal time for retention they are shredded or burned
How should an error be corrected on a written health care record? crossed out with a single line so material is still readable, correct information inserted, initialed, and dated
What are safeguards that are used to maintain computer confidentiality? limit personnel who have access to information, require passwords in order to access information, monitor and evaluate computer use
Putting the saving of life and promotion of health above all else; making every effort to keep the patient as comfortable as possible and to preserve life; respecting the patient’s choice to die peacefully and with dignity are called: rules of ethics that apply in most health care occupations.
All health care facilities that receive federal aid to provide patients with information and assistance in preparing advance directives is called the: Patient Self-Determination Act (PSDA)
Failure to meet your legal responsibilities can result in legal action against both you and your employer
Being entitled to free care regardless of circumstances is not a right of patients
A law that focuses on wrongs against a person is called a Criminal law
The only exception to the Health Insurance Portability and Accountability Act (HIPPA) is the release on diseases or injuries that must be reported by law.Examples would be: births, deaths, injuries caused by violence that require police involvement, communicable diseases, and sexually transmitted diseases.
Taking narcotics from the pharmacy by a pharmacy technician is a violation of: Criminal law
A medication is ordered to be mixed in 1000 cc of IV fluid for administration. If a nurse injects the medication directly into a patient's vein in error, he/she could be guilty of: Malpractice
Mr. Jones goes to a medical office with chest pain. The physician orders an antacid and does not do an EKG. That night, Mr. Jones dies from a heart attack. The doctor could be charged with: Negligence
An EMT is charged with battery. What did the EMT do? treated a victim, even through the victim refused treatment
A dental student tells her friends that a hygienist she works with has a drinking problem. If this is not true, the assistant could be guilty of; Slander
Jan Shevlin goes to the laboratory for blood work. She cooperates with the phlebotomist by extending her arm to have blood drawn. What kind of agreement did the phlebotomist have with this patient? Implied contract
An angry patient writes a letter to the newspaper editor about a local psychologist. The allegations in the letter are clearly untrue and damaging to the psychologist's practice. The letter writer could be guilty of: Libel
A patient with a legal disability cannot: form a contract
What safeguard should be used to protect the confidentiality of computerized medical records? Use of passwords
A client decides to take his dog to a different veterinarian and requests the dog's chart record. What is the client entitled to? a copy of the chart.
When it comes to working with written patient records, what can a health care worker do? allow another healthcare worker who is caring for the patient to see the record
An 18 year old female comes to the emergency room. The doctor is absolutely sure she was beaten, but she says she fell. What should the doctor do? Notify the police
HIPPA is MOSTLY about: Privacy of health information
What does the P in HIPPA stand for: Portability
Created by: votec