DHO Chapter 5 Key Terms

slander

*spoken* comment that causes a person ridicule or contempt or damages the person's reputation

legal disability

a condition in which a person does not have legal capacity and is therefore unable to enter a legal agreement

implied contracts

a contract or agreement that creates obligations without verbally expressed terms

expressed contracts

a contract or an agreement that is stated in distinct and clear language, either orally or in writing

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

advanced directives

a legal document designed to indicate a person's wishes regarding care in case of a terminal illness or during the dying process

living wills

a legal document stating a person's desires on what measures should or should not be taken to prolong life when their condition is terminal

Designation of Health Care Surrogate and Durable Power of Attorney (POA)

a legal document that permits an individual (principal) to appoint another person to make any decisions regarding health care if the principal becomes unable to make the decisions

Patient's Bill of Rights

a list of rights that every patient can expect to receive while under the care of health care providers

torte

a wrongful or illegal act of civil law not involving a contract

privileged communications

all personal information given to health personnel by a patient; must be kept confidential

contract

an agreement between two or more parties

abuse

any care that results in physical harm, pain, or mental anguish

legal

based on law

health care records

document that contains information about the care provided to the patient

Resident's Bill of Rights

factors of care all residents of long term care facilities can expect to receive

patients' rights

factors of care that all patients can expect to receive

negligence

failure to give care that is normally expected, resulting in injury to another person

libel

false *written* statement that causes a person ridicule or contempt or causes damage to a person's reputation

Omnibus Budget Reconciliation Act (OBRA)

federal law that regulates the education and testing of nursing assistants

criminal law

law that focuses on behavior known as crime; deals with the wrongs against a person, property, or society

civil law

laws that focus the legal relationships between people and the protection of a person's rights (most medical lawsuits; torts and contracts)

confidentiality

not to be shared or told; to be held in confidence, or to kept to oneself

informed consent

permission granted voluntarily by a person who is sound mind and aware of all factors involved

assault and battery

physical or verbal attack on another person; treatment or care given to a person without obtaining proper consent unlawfully touching another person without that person's consent

ethics

principles of right or good conduct

malpractice

providing improper or unprofessional treatment or care that results in *injury* to another person

false imprisonment

restraining an individual or restricting an individual's freedom

invasion of privacy

revealing personal information about an individual without their consent; revealing too much

HIPAA

set of federal regulations adopted to protect confidentiality of patient's formation and the ability to retain health insurance coverage

defamation

slander or libel; a false statement that causes ridicule or damage to reputation

agent

someone who has the power of authority to act as the representative of another