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Law & Ethic ch5-8

chapters 5-8 PHCC

Liability Legal responsibility
Defensive medicine Performing medical test and procedure to ward off litigation
Incident report An official statement of an incident
An incident report should be completed whenever anything unusual happens
Memorialize When a health care provider sends a letter, by certified mail, with 30 days notice, to a patient to dissolve their doctor/patient relationship
Procedures manual A reference book explaining medical procedures
Affirmative duty Responding to an incident in a predetermined manner
Negotiate (mediate) A meeting to agree or compromise
Negotiation is a very effective way to settle disputes
Arbitrator (arbitration) A person chosen to decide a disagreement between two parties
Risk management Taking steps to minimize danger, hazard, or liability
Quality improvement (QI) Measures taken to uphold the quality of care AKA quality assurance
Liability insurance Insurance coverage for negligent acts or omissions
Vicariously liable Legally responsible for someone else
Respondeat superior The employer is vicariously liable for acts or omissions of their employees within the scope of their employment
Examples of those who are vicariously liable include: Employers Parents Guardians etc
Statute of limitations A time limit within which one person can sue another
The statute of limitations for filing a medical malpractice lawsuit is usually 2 years
Layperson One who does not have training in a specific profession
Against medical advice (AMA) When a patient leaves the hospital without their physician’s permission
Tolerance A respect for those whose opinions, practices, race, religion, or nationality differ from our own
The number one insult between medical professional and their patients is waiting
Nonverbal communication Body language
Aggressive Hostile rather than assertive
Preventive medicine Medical practices designed to ward off litigation
Assertiveness Positive communication to prevent litigation
Silence is considered the most effective communication technique
Look the client in the eyes
Lean toward the client
Listen and be attentive and interested
Speak clearly in a low tone and at moderate speed
Your voice should be warm, friendly, and sincere
Give feedback such as: (name(7) nodding the head, UH huh, Go on, I see, Really? Please continue, Tell me more
Apologize even: if it is not your fault
Handle complaints immediately
Use touch to convey warmth and caring
Considerate and respectful care The Patient Bill of Rights
Complete information concerning diagnosis, treatment, and prognosis. The Patient Bill of Rights
Informed consent The Patient Bill of Rights
Refusal of treatment The Patient Bill of Rights
Privacy The Patient Bill of Rights
Confidentiality The Patient Bill of Rights
Reasonable response to a request The Patient Bill of Rights
Relationships to affiliated facilities The Patient Bill of Rights
No human experimentation without permission The Patient Bill of Rights
Continuity of care The Patient Bill of Rights
Explanation of bill The Patient Bill of Rights
Explanation of hospital rules and regulations The Patient Bill of Rights
If the physician is running late, Ask the patients who are waiting if they want to reschedule their appointment
If the physician is running late, Telephone patients who have not arrived for their appointment, inform them of the delay, and ask if they want to reschedule
If the physician is running late, Have a variety of current magazine available
If the physician is running late, Have a variety of DVDs available
If the physician is running late, Offer refreshments
If the physician is running late, have Video games.
Offer your hand to help but don’t force it
Be Kind. Remember everyone you meet is fighting a hard battle
Do not use the phrase "How are you?" unless you are prepared to listen intently to their answer, no matter how long it takes
Commandment #1 of a truly civilized society is: Let people be different!
It is your obligation as a healthcare professional to treat all clients equally and fairly regardless of their a. appearance b. behavior c. level of education d. econonmic status
Not everyone will express appreciation for your efforts
The satisfaction you obtain from your work must be based on what you give to others, not on what you receive from them
Good communication techniques must be used in order to: 1. Maintain customer base and encourage it to grow. 2. Decrease the incidence of litigation.
People are less likely to sue you if they like you
Satisfied customers will tell 4 other people about your company
Dissatisfied customers will tell 10 other people about your company
Barrier to Effective Communication 1. avoid using slang slang includes: a. bye bye b. so long c. see ya d. toddles e. What's up f. Honey g. Sweetie h. Dear i. Darlin
Do not be impatient because many of our clients are: a. ill b. elderly c. HOH (hard of hearing)
Avoid nervous habits such as: a. jiggling your leg(s) b. tapping and /or clicking your pen c. playing with your hair
Avoid making pained facial expressions
Do not give advice Instead of advice give information
consent Permission
Informed consent considerations include: consent obtained after the client understands the situation completely
Informed consent includes: Informed consent includes: 1. Proposed treatment details. 2. Why the treatment is necessary 3. Risk involved 4. Available alternatives 5. Risks of alternatives 6. Risks if treatments is refused.
Informed consent includes: cognitive pertaining to the mental processes of comprehension, judgment, memory, and reasoning
mentally incompetent lacking reasoning faculties to understand ordinary concerns AKA mental incapacity
Reasons for individuals to be judged mentally incompetent include: 1. Insanity 2. Senility 3. Being mentally challenged (MR) 4. Influenced by drugs or alcohol
fiduciary duty an obligation of trust
delegated to appoint as one's legal representative
agent a person legally authorized to act for another
custodian an agent delegated to care for an incapable person or property
guardian an agent delegated to care for an incapable person AKA a conservator
guardian ad litem an agent delegated to represent the rights of an incapable person
mental incapacity the inability to understand ordinary concerns AKA mentally incompetent
The order of authority to make medical decisions for a person who is mentally incapacitated: 1. Spouse 2. Oldest adult child 3. Parents 4. Oldest adult sibling
implied consent consent evident by conduct
The five Cs for correctly entering information into a medical record are: 1. Concise 2. Complete 3. Clear (legible) 4. Correct 5. Chronological
Medical information is the property of the Patient
Guidelines for correcting errors in a medical record include: 1. Draw one line through the entry 2. Write "error" and the reason for the error above or below the entry or in the margin 3. Write the date and time the correction was made 4. Signature and title of yourself and a witness
Created by: Urania