Medical Law and Ethics HOSA

respondeat superior

"let the master answer" physicians are not only responsible for their own acts of negligence but also the negligent actions of their employees

res ipsa loquitur

"the thing speaks for itself" relates to foreign bodies being left in clients and instruments slipping during surgical procedures

quid pro quo

"this for that" trading sexual favors for job advancement

Duty

(1 of 4 d's) exists when the physician-client relationship has been established

physical violence

(1 of 4 ipv) intent to do harm, cause disability, injury, or death

disorganization

(1 of 4 phases of rape victims) phase of fear, shock, denial, and feeling of loss of control

Derelict

(2 of 4 d's) client must prove that the physician failed to comply with the standards required and dictated by the profession

sexual violece

(2 of 4 ipv) forcing another to commit a sex act against his or her will

denial

(2 of 4 phases of rape victims) survivor appears normal but has suppressed the incident

Direct cause

(3 of 4 d's) any damage or injury that resulted from the physicians breach of duty were directly related to the breach and that no intermittent circumstances or intervening acts could have caused the damages

threats of physical/sexual violence

(3 of 4 ipv) gestures, words, or weapons are used to cause harm, injury, disability or death

reorganization

(3 of 4 phases of rape victims) survivor is no longer in denial but often becomes depressed

Damages

(4 of 4 d's) compensation provided for injuries suffered by the client

psychological/emotional violence

(4 of 4 ipv) trauma that includes humiliation, control, any acts to embarrass or diminish a partner, isolating a partner from family and friends, and denying access to monetary funds or basic resources

recovery

(4 of 4 phases of rape victims) survivors realize they are not to blame for rape

sexually explicit conduct

(child abuse) actual or simulated sexual intercourse with a child(same or opposite sex),masturbation, exhibition of genitalia, or sadistic or masochistic abuse

physical injury

(child abuse) burns, severe bruising, lacerations, fractures, injures to internal organs, serious bodily injury

sexual exploitation

(child abuse) child pornography, child prostitution, sexual explicit use of child's image in electronic media

neglect

(child abuse) failure to provide for basic care including food and shelter

mental injury

(child abuse) harm to childs well-being that damages their psychological or intellectual development

child molestation

(child abuse) oral-genitalia contact, viewing and fondling of genitals

incest

(child abuse) sexual relations between children and parents in the same family

sexual abuse

(child abuse) using a child to engage in sexual activity of any sort to include rape, molestation, incest, prostitution, or sexual exploitation

emotional/psychological abuse

(elder abuse) actions that dehumanize an elderly person including social isolation, name-calling, harassment, humiliating, insulting, threatening to punish, treating an elderly person like a child, and yelling or screaming

sexual abuse

(elder abuse) any sexual contact with an elder without his or her permission

neglect

(elder abuse) careless lack of attention that results in harm

financial abuse

(elder abuse) financial or material exploitation of an elder's resources

physical abuse

(elder abuse) violence that results in bodily harm or severe mental stress

3 requirements of HIPAA

1.standardization of electronic patient health data, administrative data, and financial data 2.unique health identifiers for individuals, employers, health plans, and health care providers 3.security standards to protect the confidentiality and integrity of the individually identifiable health information, past, present, or future

common law

A legal system based on custom and court rulings also called case law

SOAP/SOAPER

Acronym for patient progress notes based on Subjective impressions, Objective clinical evidence, Assessment or diagnosis, Plans for treatment, Education for Patient, and Response of patient to education and care given.

Protected Health Information (PHI)

Any part of a patient's health information that is linked to information that identifies the patient

2 types of law

Common law Statutory law

Statutory law

Law enacted by Congress, or by state legislatures or local legislative bodies.

3 brances of government

Legislative- makes laws Executive- administers laws Judicial- enforces laws

public welfare (disease)

a disease is reportable when it concerns

Registrant

according to the law, the only person allowed to issue prescriptions

stalking

act of following, spying upon, making repeated calls or contacts after being asked not to, appearing at one's home or place of employment, and making threats, with or without a weapon

criminal law

acts committed against the welfare and safety of the public or society as a whole

Clinical Hygiene Plan (CHP)

addresses training, information requirements, and provisions that must be implemented for chemical exposure in a ambulatory hc setting

Administrative law

administrative agencies are given the power to enact regulations that also have the force of law

small claims court

allows the physician or physician representative o file action against a client for an unpaid or delinquent account can seek monetary up to $2000

probate court

also called estate court oversees distribution of the person's estate upon death

medical malpractice

also known as professional negligence medical professional misconduct; standard of care commonly expected from hc professionals is not met

public welfare (injury)

an injury is reportable when it concerns

ageism

any form of prejudice, bias, or discrimination that negatively targets the person in the basis of age

expressed contract

can be written or oral, but all facets must be specifically stated ad understood

uninformed consent

client gives permission but does not understand or comprehend what has been consented

informed consent

client understands and consent is often written

malfeasance

commission of an unlawful act

civil liability

conflicts between individuals, corporations, government bodies, and other organizations

consent by action

consent that is nonverbal behavior

consent by word

consent that is oral or written

misdemeanor

crime punishable by a fine or imprisonment for up to 1 year

felony

crime punishable by death or imprisonment for more than a year

4 D's of negligence

duty, derelict, direct cause, and damages

Americans with Disabilities Act (ADA)

eliminate discrimination in employment against a qualified individual with a disability

Drug Enforcement Agency (DEA)

enforces the Comprehensive Drug Abuse Prevention and Control Act of 1970, or Controlled Substances Act

Bioethics

ethical implications of biomedical technology and its practices

nonfeasance

failure to perform an act when there is a duty to do so

slander

false and malicious defamatory spoken word

libel

false, malicious, defamatory writing

rape

forced sexual intercourse or penetration of a bodily orifice by a penis or other object

Schedule II Drugs

have current medical use in U.S. but with severe restrictions Morphine (narcotic) and Ritalin (non-narcotic)

Schedule III Drugs

have less potential for abuse than I and II drugs but can lead to moderate/low physical dependence or high psychological dependence; requires prescription Vicodin (narcotic) and Didrex (non-narcotic)

Schedule V Drugs

have less potential for abuse that IV drugs and their abuse may be limited to physical or psychological dependency Cough medicines and antidiarrheals

Schedule IV Drugs

have lower potential for abuse than III drugs but can lead to limited physical or psychological dependency; requires prescription Xanax and Klonopin

Schedule I Drugs

high potential for abuse and have no current medical use heroin and LSD

misfeasance

improper performance of an act that results in an injury to another

Material Safety Data Sheet (MSDS)

information compiled by the manufacturer about product safety, including the names of hazardous ingredients, safe handling and use procedures, precautions to reduce the risk of accidental harm or overexposure, and flammability warnings.

trial process

jury selection opening statements examination cross examination closing arguments jury deliberation verdict guilty or not guilty

Good Samaritan laws

mainly apply to physicians but can also apply to other hc professionals; , A series of laws, varying in each state, designed to provide limited legal protection for citizens and some health care personnel when they are administering emergency care.

Ethical issues in modern medicine

medical fertility, do not resuscitate orders, artificial sources of nutrition, palliative care, euthanasia, organ transplantation, reproductive rights/abortion

implied contract

most common form of contracts in health care does not require a specific expression of the parties involved

appellant

one who appeals a case

ethnic background

one's national heritage, race, tribe, clan, and language and may be related to geographic location

problem-oriented medical record (POMR)

or problem-oriented record (POR), is a method of documentation that emphasizes patients' problems.

Health Insurane Accountability and Accountability Act (HIPAA)

passed by congress in 1996 and applies to employer-based and commercially issued group health insurance

gender issues

prejudice, bias, or discrimination based on sexual identity

Occupational Safety and Health Act (OSHA)

prevents workplace disease and injuries

Title VII of Civil Rights Act of 1964

protects employees from sexual harassment

Family and Medical Leave Act (FMLA)

provides employees up to 12 weeks of job-protected and unpaid leave for family and medical reasons

Bloodborne Pathogen Standard

reduces occupational-related cases of HIV/AIDS and hepatitis B and C infections among hc workers

public duties

reporting deaths, rapes, and abuse

subpoena duces tecum

requires a witness to appear in court and bring certain records

unintentional tort

result of the omission or the commission of an act

appeals court

reviews decisions of courts

Ethics

set of moral standards and a code for behavior that govern an individuals interactions with other individuals and within society

Laws

societal rules or regulations that are advisable or obligatory to observe

defamation of character

spoken or written words that tend to injure a persons reputation and for which damages can be recovered

intentional tort

the intentional commission of a violation of another persons rights

assault

threat to inflict injury with apparent ability to do so

Civil law

type of law that affects relations between individuals, corporations, government agencies, and other organizations

invasion of privacy

unauthorized publicity of client information

intimate partner violence (IPV)

violence/abuse between a spouse or former spouse refers to actual or threatened physical, sexual, or psychological harm to another individual

waive

voluntarily give up

consent

voluntary affirmation by a client to allow touching, examination, or treatment by medically authorized personnel

criminal liability

when an individual commits an act that is considered to be a offense against society as a whole

battery

when client receives treatment without given consent to do so

tort

wrongful act committed by one person against another person or against property that causes harm to that person or property