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