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Dynamics of Health Care > chapter 11 > Flashcards

chapter 11 Flashcards

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1
Q

what are civil rights

A

basic legal rights held by all US citizens

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2
Q

what are constitutional rights

A

rights afforded to all citizens through the U.S constitution

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3
Q

what are human rights

A

fundamental rights to all people regardless of citizenship status

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4
Q

what is law

A

rules of conduct enforced by governmental authorities

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5
Q

what is litigation and what does it result from

A

a legal proceeding in court

result from unintentional medical errors with little to life-threatening consequences

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6
Q

what are the two branches of the legal system

A

public and civil

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7
Q

what is public law

A

focuses on issues between the governments and citizens

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8
Q

what are the 3 types of public law

A

criminal law
= concerned with punishing those whose conduct is harmful and threatening to society

constitutional law
= e.g. abortion issues and civil rights violations

administrative law
= law enforced by FDA, IRS, and each state’s board of Medical Examiners

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9
Q

what is civil law

A

issues between private citizens

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10
Q

what is tort law

A

a subset of civil law

wrongful acts that result in harm for which restitution or compensation must be made

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11
Q

what are the two types of tort laws

A

unintentional tort
= accidents or mistakes that result in harm
= negligence

intentional tort
= deliberate acts intended to cause harm
= assault
= battery
= invasion of privacy
= false imprisonment 
= defamation of character
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12
Q

what is common law

A

civil law of an area resulting from ruling by judges on individual disputes or cases

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13
Q

what is statutory law

A

laws enacted by federal, state, and local legislators and enforced by court system

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14
Q

what is assault

A

threat or attempt to touch patient without his/her permission

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15
Q

what is battery

A

non consenting patient is touched

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16
Q

when do assault and battery charges occur (3)

A

caregiver improperly or aggressively touches patient

care giver threatens patient

caregiver forcefully performs procedures without patients permission

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17
Q

what 2 things protect a patients privacy

A

cover patients body during treatment

do not reveal patients personal information without consent
- need written permission

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18
Q

what is false imprisonment

A

attempt to restrain or restrict individual
- patient is allowed to go home AMA

patients must agree to medical treatment

  • excluding minors
  • excluding mentally incapacitated individuals
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19
Q

what is defemation of char.

A

false statements that harm a person’s reputation

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20
Q

what are the two types of defemation of character

A 
libel = written 
slander = spoken
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21
Q

what is negligence (3 types)

A

careless or senseless behavior by a healthcare practitioner that results in harm

  • professional negligence (malpractice)
  • statutory negligence
  • criminal negligence
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22
Q

what 4 types of behaviors lead to malpractice

A

illegal
unethical
negligent
immoral

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23
Q

what four behaviors prompt malpractice

A

medication error
improper assessment
improper use of equipment
failure to communicate patient’s condition to physician

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24
Q

what does federal law shield regarding abuse

A

shields hc workers, teachers, and social workers who report suspected child abuse
- may shield elderly and incapacitated individuals

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25
what is the good samaritan act
encourage ppl to give emergency medical care without fear of being sued
26
what 4 things protect a person from litigation with good Samaritan laws
- victim is conscious, seeks, or willing to accept aid - care provider behaves reasonably - care provider does not intentionally harm - care provider does not expect payment in return
27
what 3 things do patients have the right to
choose own provider decide when to begin and end treatment understand expectations about treatment
28
what 5 things must a healthcare professional do
``` maintain patient autonomy maintain or improve health promote good do no evil create relationship based on trust ```
29
what 3 things is a physician allowed to do
limit practice to certain specialty or location refuse to serve new patients change policies after fair notice of change
30
what is advocacy
support best interest of patients to secure quality healthcare - put aside personal opinion, belief, bias - work with insurance for best coverage and benefit
31
what is consent
agree with or give approval to someone or something
32
what is informed consent
patient is given information and consents to it - through signed consent form - form states benefits ,risks, alternatives, and options
33
why is written informed consent needed for
invasive procedures use of experimental drug possibly dangerous procedure procedures that pose risk to patient
34
what is implied consent
patient does not give informed consent but gives permission for care to be provided - consent is assumed to have given permission if unconscious
35
what is a legal guardian
someone appointed by a judge to act for another person (minor or mentally incompetent adult) - may sign consent on behalf of ward
36
who is a ward
person under legal guardianship
37
when does a patient NOT sign a consent form
patient - does not understand treatment - has unanswered questions - unable to read consent form - minor - mentally incompetent or under drugs/alcohol
38
when was hippa enacted
1996
39
what does hippa do
protect a patient's personal health information from being used or shared without written consent
40
what information must be kept confidential
medical records billing records health insurance computer systems
41
when can confidential information be released (5)
patient/legal guardian/durable power of attorney/next of kin allows it for operations of hospital - quality assurance - incident reports - teaching and education of residents allow facility to be paid for services rendered legal duty to report - child abuse - domestic violence - gunshot/stab wound other healthcare provider seeks payment
42
what are 5 hippas DO (2) and DONTS (4)
do keep information to yourself do dispose of written patient information don't tell anyone what you overhear don't discuss a patient in public areas don't look at information about a patient unless necessary don't look at information about friends/relatives unless necessary
43
what is the right to die
patients can refuse or discontinue treatment that sustains their lifes if the patient is unable to communicate wishes - previously outlined care directives are followed
44
what are the two types of advance care directives
living will = documents the steps; if any; are to be taken to save or prolong a person's life durable power of attorney for healthcare = designates a person to make healthcare decisions on behalf of patient
45
when and who made the patient bill of rights
1998 | Advisory Commission on Consumer protection and Quality in the Healthcare industry
46
what are the 3 goals of the patient bill of rights
strengthen consumer confidence that health care system is fair and responsive to consumer needs reaffirm importance of relationship btwn patient and healthcare provider reaffirm critical role of consumers in safeguarding health
47
what are the 7 sets of rights and one set of responsibilities in the patient bill of rights
1. right to information 2. right to choose 3. access to emergency services 4. being a full partner in healthcare decisions 5. care without discrimination 6. the right to privacy 7. the right to speedy complaint resolution 8. taking on new responsibilities
48
what are laws? what are ethics?
``` laws = reflect values of entire society ethics = reflect value of certain group ```
49
what are ethical principles
standards of conduct based on moral judgement
50
what is morality
traditions of belief about right and wrong human conduct
51
what are 7 ethical principles
``` autonomy justice non-maleficence beneficence veracity fidelity confidentiality ```
52
what is the joint commissions mission
improve safety and quality of care provided to the public by accrediting healthcare facilities and supporting performance improvement in health care organizations
53
what are 6 principles of the joint commission
1. you are guided by your profession's code 2. maintain patient confidentiality 3. patient advocate 4. be nonjudgmental and nondiscriminatory 5. preserve and protect patient autonomy, dignity, rights 6. seek available resources to help formulate ethical decisions
54
what is an ethics committee
consist of individuals from diverse professional backgrounds | use multidisciplinary team approach fore ethical decision making
55
what are the 5 goals of an ethics committee
promote patient rights promote shared decision making assist institutions in developing and reviewing ethical policies ensure that policies are implemented and understood serve as a resource person
56
what are the 9 qualities of the professional code of ethics
``` quality of care primary commitment to patient education collegiality ethics collaboration research resource utilization confidentiality ```
57
what is resource utilization
consider factors related to safety, effectiveness, and cost when planning and delivering care
58
what is collegiality
contribute to professional dev. of those around you
59
what is ethical decision making
rational and systematic based on ethical principles and codes = not emotions or intuition
60
What is a code of ethics
healthcare professionals must recognize and accept responsibility to patients and society
61
what are 4 medical issues that spark debate
genetic testing stem cell research cloning physician assisted suicide
62
what is professionalism
set of values, behaviors, and relationships that form a foundation of patient and colleague trust
63
why do healthcare careers require professionalism
HC careers are self regulated must follow legal and ethical guidelines without constant supervision
64
what demonstrates competence (4)
continuing education gain information concerning new technologies and procedures gain information via professional organizations and books give and accept constructive criticism

Dynamics of Health Care (21 decks)

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