5:1 Legal and Ethical Responsibilities Vocabulary
Designation of Health Surrogate
A document that permits an individual to appoint another person to make any decision regarding health care on their behalf.
Patient Self-Determination Act (PSDA)
A federal law that mandates that every individual has the right to make decisions regarding medical care, including the right to refuse treatment and the right-to-die
Resident's Bill of Rights
Every long-term care facility must inform residents or their guardians of these rights and a copy must be posted in each facility
Patients' rights
Factors of care that patients can expect to receive
Invasion of privacy/ Informational
Informational refers to revealing personal information about an individual without that person's consent.
Informed consent
Permission granted voluntarily by a person who is of sound mind after the procedure and all risks involved have been explained in terms the person can understand.
Privileged communication
Privileged communications comprise all information given to health care personnel by a patient; by law, this information must be kept confidential and shared only with other members of the patient's health care team.
Omnibus Budget Reconciliation Act (OBRA)
Residents in long-term care facilities are guaranteed certain rights
Agent
When a person works under the direction or control of another person
Advance directives
also known as legal directives, are legal documents that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care.
Contract
an agreement between two or more parties
Health care records
are also considered privileged communications such records contain information about the care provided to the patient
Living wills
documents that allow individuals to state what measures should or shout not be taken to prolong life when their conditions are terminal.
Legal disability
does not have the legal capacity to form a contract
Negligence
failure to give care that is normally expected of a person in a particular position, resulting in injury to another person
Criminal Law
focuses on behavior known as crime; deals with the wrongs against a person, property, or society
Civil Law
focuses on legal relationships between people and the protection of a person's rights
Confidentiality
information about the patient must remain private and can be shared only with other members of the patient's health care team
Tort
is a wrongful act that does not involve a contract
Patients' Bill of Rights
is recognized and honored by many health care facilities
Defamation
occurs when false statements either cause a person to be ridiculed or damage the person's reputation
Invasion of privacy/ Physical
physical invasion of privacy includes unnecessarily exposing an individual
False Imprisonment
refers to restraining an individual or restraining an individual or restricting an individual's freedom without authorization.
Legal
responsibilities are those that are authorized or based on law
Ethics
set of principles relating to what is morally right or wrong
Slander
spoken defamation
Health Insurance Portability and Accountability Act (HIPAA)
standards to protect health information
Expressed contracts
stated in distinct and clear language, either orally or in writing
Malpractice
the failure of a professional to use the degree of skill and learning commonly expected in that individual's profession, resulting in injury, loss, or damage to the person receiving care
Abuse
the physical, mental, emotional, or sexual mistreatment of one person by another
Implied contracts
those obligations that are understood without verbally expressed terms
Assult
threat or attempt to injure
Battery
unlawful touching of another person without consent
Libel
written defamation
