BCHS - Legal Responsibilities and Ethics
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Created by:
llw3444 on May 10, 2012
Subjects:
Classes:
Sports Medicine I, Mrs. Freeman-Greene, Medical Assistant LCTC, Health Science LCTC
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60 terms
Terms | Definitions |
|---|---|
 Ethics | Set of principles dealing with what is morally right or morally wrong. |
| Assault | To threaten or attempt to injure someone or unlawful touching without consent. |
| Battery | Injuring or hurting someone. |
| Malpractice | Failure to use the degree of skill expected resulting in injury. |
| Tort | A wrongful or illegal act of civil law not involving a contract. |
| Invasion of Privacy | Revealing secure or private information of a patient or co-worker without the consent of that patient or co-worker. |
| False Imprisonment | Restraining an individual or restricting an individual's freedom. |
| Durable Power of Attorney | A legal document authorizing a person to act as another person's legal representative or agent. |
| Advance Directives | A legal document designed to indicate a person's wishes regarding care in the event of he/she getting a terminal illness (life ending) or during his/her dying process. |
| Living Will | A legal document stating a person's desires on what measures should or should not be taken to prolong life when his or her condition is terminal (life ending). |
| Implied Contract | Obligations that are understood without verbally expressed terms. |
| Expressed Contract | An agreement between two or more people that is stated in distinct and clear language; either orally or in writing. |
| Contract | An agreement between two or more parties. |
| Privileged Communications | This includes all information given to health care professionals by the patient. |
| Agent | Someone who has the power of authority to act as the representative of another. |
| Legal | Responsibilities that are authorized or based on law. |
| Criminal Law | Law that focuses on wrongs against a person, property, or society. |
| Civil Law | Law that focuses on legal relationships between people and protection of a person's rights; type of law that mainly affects healthcare. |
| Libel | Type of defamation; written false statement that causes a person ridcule. |
| Two types of Advanced Directives | Living Will Do Not Resuscitate (DNR) |
| Abuse | Mentally, physically, or verbally harming someone. |
| Negligence | Failure to give care that is expected, which results in an injury. |
| Two types of contracts | Expressed Contract Implied Contract |
| Patient's Rights | Standard of care that all patients can expect to receive for a health care provider/facility. |
| Confidentiality | Information (privileged communication) about the patient must remain private and only shared with other members of the patient's health care team. |
| Slander | Type of defamation; spoken comment that causes a person ridicule or contempt; spoken comment that damages a person's reputation. |
| Restraints | Should only be used as a last resort to keep a patient from injuring him/herself or a health care worker. |
| Informed Consent | Permission granted voluntarily by a person who is of sound mind, after the procedure and all the risks involved have been explained in terms/language the patient can understand. |
| Legal Disability | A condition in which a person does not have legal capacity and is therefore unable to enter into a legal agreement. |
| Four types of legal disability | Minor Mentally incompetent Under the influcence of drugs Semi-conscious or unconscious |
| Defamation | False statements that causes ridicule, or damages reputation; there are two types. |
| Exempt privileged information | Births & deaths Injuries from violence Communicable diseases or STDs Drug abuse |
| Principal | Agents/nurses work under the direction of the ____. |
| Health Information Privacy & Portability Act | HIPPA |
| Health Care Records | Keep for 7 years Legal document No erasures Burn or shred |
| Breach of Contract | Failure for one party to uphold their end of the contract; example, patient fails to pay bill for care. |
| S & S of abuse | Unexplained bruises, burns, poor hygiene, change in personality, false statements. |
| Patient Self-Determination Act | If a hospital receives federal aid, they must inform the patient and let the patient know they have the right to die. |
| Health care workers must honor... | Patient's advance directives. |
| Resident's Bill of Rights | For long term care facilities; must be posted for every resident to see. |
| Failure to grant resident's bill of rights | Can cause you to lose your job, be fined, or imprisoned. |
| Code of Ethics | Basic rules of ethics developed by large health care facilities or professional health care organizations. |
| Modern Ethical Dilemmas | Abortion Cloning Euthanasia Marijuana as Tx Organ Transplants Life Support |
| Four basic code of ethics rules | Keep pt comfortable Respect advance directives Promote life saving techniques Treat all pts equally |
| Four pt's rights | Considerate & respectful care Right to refuse treatment Privacy and confidentiality Review of medical records and bills |
| Four resident's rights | Free choice of doctor Freedom from chemical/physical abuse Accommodation of needs Voice complaints without fear of retaliation |
| Professional Standards | Help meet legal requirements, ethics, and patient's rights. |
| Scope of practice | Perform only the procedures you have been trained to do and can legally do. |
| Five Professional Standards | Think before you speak Accept no tips/bribes Report mistakes STAT Behave professionally Identify patient and obtain consent |
| Liability Insurance | Helps you pay for legal fees and attorney, if and when errors occur and you find yourself in a court case; recommended for all health care workers. |
| Malpractice example | A nurse performs a part of surgery that is out of her scope of practice. |
| Negligence example | A patient falls out of bed and breaks a rib, but the side rails were left down by the CNA. |
| Assault and Battery example | A nurse threatens a geriatric patient if she doesn't hurry up in the bathroom; the nurse then pushes the patient back into her wheelchair. |
| Invasion of Privacy example | Test results for the governor of South Carolina is released to the news without his permission. |
| False Imprisonment example | A LPN uses restraints to hold a patient down because he continues to get out of his bed and roam the hospital hallways. |
| Abuse example | A physical therapist constantly tells a patient that she will never get better because she is lazy. The patient cries every visit, and her rehabilitation plan takes her four months longer to complete than it should. |
| Slander example | The medical transcriptionists tells some office workers that the medical coder is having an affair with the physician. The medical coder is happily married with two children. |
| Libel | The electrocardiograph technician sends an email to a co-worker. This email states that their supervisor is taking money from the health care facility. |
| Who owns health care records? | The health care facility. |
| If asked to do something out of your scope of practice you should... | Politely refuse until you are properly trained to do so. |
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