Law and Ethics : Dynamics of Healthcare

Assault

When a threat or attempt is made to touch a patient without his or her permission.

liability

The state of being responsible or liable for something.

autonomy

The capacity and right of rational people to self-determination. The capacity the patient has to act intentionally with understanding and without controlling influences.

libel

When defamation of character is written down.

Battery

Occurs when a non-consenting patient is actually touched.

Duty

A moral or legal obligation. Obligatory tasks, conduct, service, or functions that arise from one’s position.

Deontology

The normative ethical theory that morality of actions should be determined by whether the action itself is right or wrong using rules and principles. Another definition for it is the study of the nature of duty and obligation.

Consequentialism

A theory that the value/moral value of an action should be judged by consequences. The consequences of one’s actions are the basis of if that conduct was right or wrong.

litigation

A legal proceeding in a court, also known as a law suit.

breach of duty

Failure to act with the care that a reasonable person would use in their situation. A violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification. A failure to perform a duty that they are legally responsible for.

Res Ipsa Loquitur

A principle used in tort law that the occurrence of an accident implies negligence.

beneficence

The doing of good by performing actions that benefit others and weigh the good of the actions against the risks.

Proximate Cause

A cause that begins a sequence of events that leads to an injury that would not have occurred if the beginning cause had not occurred. It is used so that the court can deem the event to be the cause of the injury.

living will

An advance directive that documents what steps, if any, are to be taken in order to save or prolong a person’s life. Goes into effect when the person is incapacitated.

civil law

Also known as private law, focuses on issues between private citizens, such as medical malpractice.

malpractice

Any illegal, unethical, or immoral behavior that results in failure of duties and responsibilities on the part of a healthcare professional. It is a type of negligence

civil rights

The basic legal rights held by all U.S. citizens.

Misrepresentation

Giving a false or misleading representation usually with an intent to deceive or be unfair during negotiations from one party to another.

Common law

A traditional civil law of an area or region resulting from rulings by judges on individual disputes or cases.

Negligence

Careless or senseless behavior by a healthcare practitioner that results in harm.

Constitutional rights

The rights afforded to all citizens through the U.S. constitution.

Nonmaleficence

The doing of no harm by not causing needless harm and injury to the patient.

Criminal law

Law concerned with punishing those whose conduct is so harmful or threatening to society that is prohibited by government statute.

Paternalism

A system which authority undertakes to give needs or regulate conduct for those under its control in matters affecting those individuals for their supposed “best interests”.

Defamation

Making false or malicious statements that do harm to a person’s reputation.

Plantiff

The party who brings the case against the other in the court of law.

Defendant

The party who is being sued/ accused in the court of law.

Privileged communication

A defamatory communication that keeps the communicator innocent, causing the liability that would follow from it if no privileged.

Justice

The treating of others equally and fairly.

Legal Guardian

Someone who is appointed by a judge to act for another person, such as a minor or mentally incompetent adult.

Durable Power of Attorney

An advance directive that designates a person to make health care decisions on behalf of the patient in the event the patient becomes incapacitated.

Professionalism

A quality all employers seek that involves a set of values, behaviors, and relationships that form a foundation on which patient and colleague trust is formed.

ethics

A set of guidelines that help determine right or wrong behavior in health care. They help reflect the values of a certain group.

public law

Focuses on the issues between a government and its citizens and involves the three main categories: criminal law, constitutional law, and administrative law.

expressed consent

Permission given to another specifically whether it be verbal or written.

Restitution

Compensation for a wrongful act that results in harm.

False imprisonment

An attempt to restrain an individual or restrict his or her freedom.

Slander

When defamation of character is spoken.

Risk management

When a group of people determine the least risky option through detection, monitoring, assessing, mitigating, and prevention of these risks.

Defensive medicine

Medicine practiced in a specific manner in which to avoid/reduce malpractice litigation, usually by use of excessive diagnostic testing.

Felony

A grave crime that is usually punishable by more than one year in prison or by death.

Standard of Care

The degree of care/competence required to be given for a specific role or circumstance.

Fidelity

The keeping of promises regardless of payment, expectations for payment, or the personal characteristics of the patient.

Statute of limitations

A statute prescribing the period of limitation for the bringing of certain types of legal action.

Fraud

The false representation of facts for financial or personal gain.

Statutory Law

Laws that are enacted by federal, state, and local legislators and enforced by the court system.

HIPAA

An act that contains regulations often referred to as the privacy rule and it protects a patient’s personal health information from being used or shared without their written consent.

Suit

An action or process in court to restore a right or claim. A claim or dispute brought to the court of law for adjudication.

Human Rights

The fundamental rights of all people regardless of citizenship status.

Tort

Any wrongful act that results in harm for which restitution or compensation must be made. Penalties for torts are payments.

Implied consent

When a patient does not sign a written statement but gives permission for care to be provided or is assumed to have given permission if unconscious.

Unintentional torts

Accidents or mistakes that result in harm.

incapacitated

When a person is unable to make his or her own medical decisions.

Veracity

Honesty; The patient’s right to know the truth without the acting of deceit and being honest and forthcoming.

Informed consent

When patients are given information about their care and voluntarily consent to particular treatments or procedures.

Ward

The person who is under legal guardianship.

Intentional Tort

Deliberate acts intended to cause harm. Not very common and must be deliberate and willful action.

Invasion of privacy

When a provider who intentionally or unreasonably exposes a patient’s body or reveals a patient’s personal information without consent.

What are the three types of public law?

Criminal law, constitutional law, administrative law

Constitutional Law

The body of rules, doctrines, and practices that govern the operation of political communities.

Criminal Law

A part of public law that is focused on the punishment of those who commit crimes.

Administrative Law

A part of public law that deals with laws and legal principles that govern the administration and regulation of government agencies.

ETOHOB

Alcohol on Breath

AAO x 4

Alert, Awake, Oriented (Person, Place, Time, Event)

DNR

Do Not Resucitate. It is a request to not receive CPR if the heart stops or if you stop breathing.

Intentional Torts Include:

Assault, battery, false imprisonment, invasion of privacy,

Negligence suit needs

Duty, breach of duty, causation, harm

When a negligence suit is filed it is

a charge of malpractice

Implied consent covers

Under the influence, not of sound mind, minor, and loss of conciousness

Palliative care

Keeps a person comfortable and manages their pain

Organ Donation

Specification if you want your organs, tissue, or body donated and which specific ones you want to give away

Ventilation

When a machine takes over your breathing

Tube feeding

When somebody is fed through a tube in the stomach or through an IV

Death with Dignity

When a qualified terminally ill patient requests and obtains a prescription for medication that the patient may choose to self-administer to end the patient’s life in a humane and dignified manner, which is based on an appreciation of the relevant facts and after being fully informed by the attending physician.

What facts should a physician look at before giving a prescription for death with dignity?

The patient's medical diagnosis, the patient's prognosis, the potential risks associated with taking the prescribed medicine, the probable result of taking the medicine prescribed, and the feasible alternatives to taking the medicine.

What does "POLST" stand for

Physician Order for Life Sustaining Treatment

What does HIPAA stand for?

Health Insurance Portability and Accountability Act

When was HIPAA signed into law?

1996

Who signed HIPAA into law?

The Clinton Administration

Who does HIPAA protect?

Patients in a healthcare setting

What are the five basic rules of HIPAA?

The privacy rule, security rule, transaction rule, identifiers rule, and the enforcement rule

How far do confidentiality dates go back to?

The Hippocratic Oath

How many patient rights are there?

7

Which state has the most HIPAA breaches?

California

How long can PHI be held for after you die?

50 years

Why was HIPAA created?

To bring a balance between improving flow of information and protection of patient privacy.

What does the privacy rule do?

Protects the personal health information and the medical records of individuals

What does the security rule do?

Defines and regulates the standards, methods, and procedures related to the protection of electronic PHI on storage, accessibility, and transmission.

What does the transaction rule do?

Regulates data transmission specifications that govern how data is electronically transferred from one computer to another. The rule defines the types of electronic transactions subject to HIPAA, and specifies the exact format for each transaction record.

What does the identifiers rule do?

Requires all healthcare entities, including individuals, employers, health plans and healthcare providers, to have a unique 10-digit national provider identifier number.

What is PHI?

Personally identifiable information found in medical records and conversations between doctors and nurses regarding patient treatment.

What does PHI include?

Billing info and any information that can be used to identify an individual in a health insurance company's records.

What is the "need to know" principle?

The "minimum necessary standard" states that protected health information should not be used of disclosed when it is not necessary to satisfy a particular purpose or carry out a function.

What is reportable patient information?

Births, deaths, adverse reactions to meds or vaccines, child abuse, elder abuse, crimes/violence, communicable diseases, and error by other physicians.

Where can PHI be found?

Medical documentation/forms, records of communication, blood tests, prescriptions, billing info, MRI/X-RAY results, and doctor/clinical appointments.

What did the HIPAA act allow the Department of Health and Human Services to set standards for?

The safeguarding of identifiable health information and increasing the efficiency and effectiveness of the healthcare industry as a whole.

What does the enforcement rule do?

Establishes guidelines for investigations into HIPAA compliance violations.

What is the percentage of complaints that have ended in a financial settlement since the compliance date of the privacy rule?

0.04%

What are the three goals of the patient bill of rights?

Strengthening consumer confidence that the healthcare system is fair and cares about their needs, reaffirming the strong relationship between patients and their health care providers, and reaffirming the critical role consumers play in safeguarding their own health.

What should a healthcare professional always be?

An advocate