Chapter 5- Legal and Ethical Issues
Civil law
Involves crimes against the person.
Assault
The open threat of bodily harm to another, or acting in such a way as to put another in the "reasonable apprehension of bodily harm."
tort
a crime against a person
Durable power of attorney
which appoints someone to carry out the patients wishes regarding health care decisions, should the patient become unable to make these decisions
negligence
A charge if a healthcare worker does not perform an essential action or performs the action properly
Abandonment
A healthcare professional who stops care without providing an equally qualified substitute
Contract
A voluntary agreement between two parties in which specific promises are made for a consideration.
Breach of contract
Charged if either party fails to comply with the terms of a legally valid contract.
Criminal law
Involves crimes against the state.
Battery
Is an action that causes bodily harm to another without permission.
Misdemeanors
Less serious than felonies and are punishable by fines or imprisonment in a facility other than a federal prison for 1 year or less.
Fraud
consists of deceitful practices in depriving or attempting to deprive another of his or her rights.
bioethics
decisions for health care workers
Libel
defamation damages a persons reputation when this occurs in print
Felony
is a crime punishable by death or by imprisonment in a state or federal prison for more than 1 year.
Ethics
is a standard of behavior and a concept of right and wrong beyond the legal consideration in any given situation.
Consent
means that the patient has given permission, either expressed or implied, for the physician to examine him or her, to perform tests that aid in reaching a diagnosis, or to treat.
Minors
person under the age of majority, but excluding married minors.
Arbitration
some charges resulting in lawsuits are brought to trail; others are settled through a mediator in a process
Credentialing
the process of establishing the qualifications of licensed medical professionals and assessing their background and legitimacy.
