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Legal and Ethical Responsibilities

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
Created by: MrsCoin