Health Law & Ethics Ch. 12

Right to Self Determination (choose)

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Terms in this set (8)

Right to Self Determination (choose)

legal concept that establishes that individuals have a right to self determination (see Vega case)

Informed Consent

the legal doctrine that provides that a patient has the right to know the potential risks, benefits, and alternatives of a proposed procedure (where two or more medical options)

Subjective Standards

relied solely on the credibility of the patient's testimony. patients must testify and prove that they would not have consented to the procedure had they been advised of the particular risk

Objective Standard

the finder of fact may take into account the characteristics of the plaintiff, including the plaintiff's idiosyncrasies, fears, age, medical condition, and religious beliefs. Standard is whether a reasonable person in the in the patient's condition would have consented to the treatment in question

Implied consent

generally presumed when immediate action is required to prevent death or permanent impairment of a patient's health

Exculpatory agreement

an agreement that relieves one from liability when he or she has acted in good faith. In medical situations, generally considered invalid.

an individual who, by law, is vested with the power and charged with the duty of taking care of a patient by protecting the patient's rights and managing the patient's estate

Root Cause Analysis

in an _________ the hospital doesn't talk AT the patient. They talk about the problem and how to fix it.