Health Science Flashcards
(41 cards)
Criminal Law
Focuses on wrongs against a person, property, or society
Civil Law
focuses on legal relationships between people and the protection of a person’s rights
Torts
wrongful acts that do not involve contracts
Malpractice
the failure of a professional to use the degree of skill and learning commonly expected in that profession, resulting in injury, loss, or damage to the person receiving care. (Bad practice)
Negligence
failure to give care that is normally expected of a person in a particular position, resulting in injury to another person.
Assault
A threat or attempt to injure
Battery
The unlawful touching of another person without consent (invasive procedures)
To avoid charges of battery, before performing a procedure on a patient you must obtain
informed consent
Informed consent
permission granted voluntarily by a person who is of sound mind after the procedure and all risks have been explained in terms the patient can understand
Invasion of privacy
unnecessarily exposing an individual or revealing personal information without that person’s consent
False Imprisonment
restraining an individual or restricting her freedom
Abuse
any care that results in physical pain, harm, or mental anguish
Defamation
False info. that hurts a person’s reputation
Libel
Written
Slander
Spoken
Offer
a competent person enters into a relationship w/ a healthcare provider and OFFERS to be a patient
Acceptance
the healthcare provider gives an appointment and treats the patient
Consideration
the payment made by the patient for the services provided
C= cash
Implied contracts
Obligations that are understood without written or verbally expressed terms (Prescribes medicine, takes medicine)
Expressed contracts
stated in distinct and clear language (verbally or in writing)
Breached
if a contract is not performed according to the agreement
Who can not enter a legal contract?
- a person who has a legal disability
- mentally incompetent people
- semiconscious or unconscious people
- people under the influence of drugs
Liability for a Breached Contract
Agent: a person working under someone’s supervision
Principal: Employer
Privileged Communication
All information is given to healthcare personnel by a patient. By law, must be kept confidential.