Legal considerations Flashcards
(14 cards)
What law directed OSHA to revise the Bloodborne Pathogen Standard in 2001?
The Needlestick Safety and Prevention Act (passed in November 2000).
Name the four key areas revised in the BBP standard under the Needlestick Safety and Prevention Act.
Revision of the exposure control plan
Employee input on engineering/work practice controls
Modified definitions of engineering controls
Sharps injury log and new recordkeeping requirements
What are the minimum requirements in the sharps injury log?
a. Type and brand of device
b. Department or work area of incident
c. Explanation of how the incident occurred
How must confidentiality be maintained in the sharps injury log?
The log must be kept in a manner that protects the confidentiality of the injured employee.
What is informed consent?
Consent given by a patient who is fully informed about a procedure, including its risks, expected outcomes, and alternatives.
What does patient confidentiality mean?
Patients have the right to privacy, and their medical information must remain privileged and shared only with authorized personnel.
When can patient information be legally shared?
Only with the patient’s physician, office personnel who need it for their job, or when there is a signed consent form to release information to insurance companies or others.
What is negligence in healthcare?
Failure to exercise the standard of care that a reasonable person would provide, resulting in injury to someone because of not fulfilling a duty of care.
What are the 4 Ds (elements) of negligence?
Duty – A duty of care exists
Derelict – Breach of that duty
Direct Cause – Injury directly caused by the breach
Damage – Actual harm or injury occurred
What is a tort?
A wrongful act that causes injury to one person by another.
What is battery in the context of tort?
Unprivileged touching of one person by another without consent. In healthcare, this means performing a procedure without informed consent.
What is invasion of privacy?
Releasing medical records without the patient’s knowledge or permission.
What is defamation of character?
Injury to a person’s reputation through false spoken words (slander) or written words (libel).
What does the Good Samaritan Law protect?
It encourages healthcare professionals to provide first aid at the scene of an accident or sudden injury within their training scope without fear of being sued for negligence.
