Flashcards in Health Care Law Deck (21):
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).
Invasion of Privacy
Means to pry into personal matters.
Means to defamation in the written or recorded form.
Defamation of character employing the spoken word.
Contributory negligence/ Comparative negligence
Are defenses when the plaintiff is jointly responsible for the injuries.
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).
Performance of an unlawful or improper act.
Is failing to act when one has a duty to act.
Tolling of the statue of limitations
Is the limit which the lawsuit can be filed.
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.
Deliberately communicated consent. (Consent communicated orally or in writing).
Health Insurance Probability & Accountability Act (HIPAA)
Is the legislation enacted to protect patient information and confidentiality.
Law is used to enforce legal (contractual) agreements between parties.
Res ipsa Loquitor
The thing speaks for itself.
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.
Behavior or an action that can be reasonably presumed to be consensual.
Improper performance of an act resulting in harm.
Is taking back one's consent.
Rendering of similar services to the same patient by more than one provider on the same day.