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Flashcards in Chapter 4 Deck (12):
1

Negligence

the primary civil cause of action that health care providers face

2

Four basic elements of negligence

Four basic elements of negligence
1. Duty: one person must be under a duty to another person
2. Breach of duty: the person under the duty must breach the duty
3. Cause of injury: the plaintiff must suffer an injury as a result of the defendant’s breach of duty
Damages: the plaintiff must show legally cognizable damages as a result of the injury sustained

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Types of negligence claims

General liability
Professional (malpractice liability)

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General liability

Claims that allege negligence for hazards in the environment and non-professional judgements and actions (i.e. maintenance of premises – slips and falls, defamation, employment issues, slander

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Professional (malpractice) liability

Claims that allege professional negligence for patient care activities (i.e. allegations of negligent acts or omission on the part of providers that results in injury to patient)
a. The duty is referred to as the standard of care, which is measured by the degree of care and skill possessed by other physicians in the same or similar circumstances
b. Expert testimony is required to show the appropriate standard of care

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Negligence per se

the court uses a statute to define a standard of care

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General consent

allow touching, examination, and noninvasive procedures

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Informed consent

Allow invasive procedures – patients must be aware of the diagnosis, benefits, material risks, alternative options, possible consequences of declining)

9

Title VII of the Civil Rights Act of 1964

Prohibits harassment and discrimination of an employee based on race, gender, and national origin; prohibits sexual harassment

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Sexual harassment - Quid pro quo

superior demands sexual favors from a subordinate in exchange for continued employment or job benefits

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Sexual harassment - hostile environment

employee’s terms and conditions of employment are altered as a result of pervasive sexual conduct

12

Patient Self-Determination Act of 1990

Federal statute requiring that certain health care organizations provide patients with information regarding advanced directives