module 13- laws and ethics Flashcards

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1
Q

what is a law?

A

a system of rules enforced by those with the ability to do so

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2
Q

Define malpractice.

A

intentionally committing bad practices and neglecting patient care.

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3
Q

What is the difference between criminal law and civil law?

A

Criminal law is crime against the state, whereas civil law is affair between 2 or more people.

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4
Q

Define-
misdemeanors:
felonies:

A

-a crime punishable by less than 1 year (lesser crimes such as stealing)
- are serious crimes committed by people with the intention of hurting others (murder, assault, drugs)

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5
Q

What is a tort and what are the different types of torts?

A

are acts that lead to or cause harm to other individuals. Can be intentional or unintentional. Intentional include defamation of character, trespassing, infliction of emotional distress, and medical malpractice. Unintentional can be accidents in the medical workplace.
(The most common type is negligence)

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6
Q

What is negligence and what are the four factors of negligence
(or factors needed to prove negligence)

A

is failure to provide patients with proper care. The four factors are:
Duty of care: every health care professional is expected to fulfill their duty as they are expected to.
Breach of duty: states that HCP failed to adhere to the standards set for proper patient care.
Injury: was there any damage done to the patient?
Causation: if the cause of injury can be proven then the patient has the right to sue for compensation.

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7
Q

What are the different types of contracts that give consent?

A

expressed- patient directly communicated consent to the doctor
informed- gives permission and signs document to give consent
implied- a gesture of approval, and only acceptable in the absence of spoken consent.

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8
Q

Ethics:
autonomy:
Beneficence:
Distributive justice

A
  • morally-governed principles of right and wrong.
  • a patient having the right to decide what they want for themselves.
  • doing what is in the best interest of others
  • treating all patients equally.
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9
Q

What is a patient’s Bill of rights:

A

outlines 15 guarantees for all patients seeking medical attention, and basic rights and responsibilities required for effective patient care.
(Created by the Hospital Association in 1973)

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10
Q

The first five guarantees of the Patient’s bill of Rights:

A
  1. right to be treated fairly
  2. right to access info on diagnoses, treatment, and prognosis for HCP
  3. right to discuss and ask about procedures. treatment, risks, time spent recovering, and other care options.
  4. right to know the identities of all HCPs.
  5. right to know the cost of care.
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11
Q

What is the 2nd 5 guarantees in the patient’s bill of rights:

A
  1. Right to make decisions about their care and refuse it. Has the right to other treatment or transferring to another hospital.
  2. Right to an advance directive such as a living well or attorney.
  3. Right to privacy in medical exams, case discussions, and treatment.
  4. Right to Confidentiality of medical records.
  5. Right to review MR and have it explained except when restricted by law.
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12
Q

What is the 3rd 5 guarantees of the bill of rights:

A
  1. Right to recieve care form hospital. Should get info about risks, benefits, and alternatives to transfer.
  2. Right to be informed of any business relationshps between hospital and other orgnizatiosn that may influcne care/treatment.
  3. Right to decline particpating in research studies.
  4. Right to continuity of care and to be infomred f otther care options.
  5. Right to know whom to contact for disputes, cost and paymenyt method of hoispital.
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