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Flashcards in Health Care Law Deck (21):
1

In most states, rescuers can abandon an accident victim if

The victim is not placed in further peril (you are free to abandon the rescue as long as you do not put the victim in additional peril).

2

Invasion of Privacy

Means to pry into personal matters.

3

Libel

Means to defamation in the written or recorded form.

4

Fraud

Means misrepresentation.

5

Slander

Defamation of character employing the spoken word.

6

Contributory negligence/ Comparative negligence

Are defenses when the plaintiff is jointly responsible for the injuries.

6

Breach of Contract

A provider who guarantees the outcome of a course of treatment and that outcome does not materialize could be used for breach of contract. (failure to meet the terms of agreements is a breach of contract).

7

Malfeasance

Performance of an unlawful or improper act.

8

Nonfeasance

Is failing to act when one has a duty to act.

9

Tolling of the statue of limitations

Is the limit which the lawsuit can be filed.

10

Intervening cause

A defense against malpractice may include acts of independents agents that stand in the way of the casual connection between the negligence act and the damage suffered.

12

Express consent

Deliberately communicated consent. (Consent communicated orally or in writing).

13

Health Insurance Probability & Accountability Act (HIPAA)

Is the legislation enacted to protect patient information and confidentiality.

14

Contractual

Law is used to enforce legal (contractual) agreements between parties.

15

Res ipsa Loquitor

The thing speaks for itself.

16

Informed consent/ autonomy

Means that patients have been given sufficient information to make an informed decision about their care. Failing to to disclosure such information violates the patient's right to self-determination.

17

Implied consent

Behavior or an action that can be reasonably presumed to be consensual.

18

Misfeasance

Improper performance of an act resulting in harm.

18

Rescinded consent

Is taking back one's consent.

19

Concurrent care

Rendering of similar services to the same patient by more than one provider on the same day.

20

Counseling

Discussion with a patient and/or family regarding diagnosis, treatment, and patient education.