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DHO 5
Legal and Ethical Responsibilities
Question | Answer |
---|---|
negligence | failure to provide care normally expected of a trained health care worker |
malpractice | providing improper or unprofessional treatment or care |
Criminal law | dealing with the wrongs against a person, property, or society |
Assault | threat or attempt to injure |
Battery | unlawful touch of another without their consent |
Informed consent | permission granted by person of sound mind, legal age, procedure explained in understandable terms |
Written consent procedures | surgery, invasive treatment, minors, side rail releases |
Verbal consent | permission granted after procedure explained to patient |
Invasion of privacy | unnecessary exposure of patient or revealing patient personal information without consent |
False imprisonment | restraining a patient or restricting their freedom |
Abuse | any care that results in physical harm, pain, or mental anguish |
Abuse types | physical, verbal, physiological, sexual |
Defamation | false statements which may damage a person’s reputation |
Libel | written information that damages a person’s reputation |
Slander | spoken information that damages a person’s reputation |
Contracts | agreement between 2 or more parties |
Implied contract | obligations are understood without verbally expressed terms |
Expressed contract | stated in distinct and clear language, either orally or in writing |
Legal disability | person does not have legal capacity to form a contract |
Legal disability examples | minors, mentally incompetence, under influence of drugs that alter mental state, semiconscious, or unconscious patients |
Confidential information | all information given to health personnel by a patient |
HIPAA | health insurance portability and accountability act of 1996 |
HIPAA defined | federal protection for privacy of health information |
Consent form | under HIPAA law must be signed for information to be released |
Information exempt from privileged | births, deaths, injuries caused by violence requiring police intervention, drug abuse, communicable diseases, STD’s |
Advanced directives | legal document that allows individuals to state what medical treatment they want and do not want if they become incapacitated |
Living will | document that states measures that should not be taken to prolong life when the patient is terminal |
Durable power of attorney | permits an individual to appoint another person as an “agent” to make health care decisions if the individual becomes unable to make decisions |
Patient self determination act | facilities receiving federal aid must inform patients of their right to make decisions concerning their medical care, including the right-to-die |
Patient rights | protection to patients by stating the responsibilities that a hospital and its staff have toward patients and their families during hospitalization |
Ethics | set of principles dealing with what is morally right and wrong |