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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 |