legal essentials and patients rights

  1. administrative law
    addresses statutes that are enacted regarding the power of agencies

    examples: the internal revenue service or occupational safety and health administration (OSHA) regulate and enforce laws. administrative law ensure licensure and practice regulations.
  2. advance directives
    legal document that are created by a competent person to provide written information concerning his or her desires for treatment if for some reason the patient is unable to make decisions on his or her own
  3. assault
    a deliberate act wherein one person threatens to harm another person and the victim feels that the attacker has the ability to actually carry out the threat. intentional tort
  4. battery
    the unlawful touching of a person without their consent, even if the act is performed for their benefit. battery involves bodily harm.
  5. civil law
    involves crime against an individual and it includes such crimes as slander, libel, trespassing, and contract violation
  6. common law
    the oldest form of law.
  7. consent
    the voluntary agreement or permission that a patient gives a medical professional to allow that professional to touch, examine, and or perform treatment or a procedure on them
  8. criminal law
    involves crimes against the state or society as a whole 

    • examples:
    • felonies- murder, rape, robbery, larceny, arson, burglary, tax evasion, practicing medicine without a license.¬†
    • misdemeanors- traffic violations, disturbing the peace and minor theft.
  9. defamation of character
    when someone makes false or malicious statements about someone else.
  10. diagnostician
    a physician who provides a patient with a diagnosis
  11. do not resuscitate
    a written physician's order instructing healthcare workers to not perform lifesaving cardiopulmonary resuscitation
  12. durable power of attorney for healthcare
    legal document that appoints an agent to act on behalf of the patient to make decisions about the patient's care should the patient lose the ability make his or her own decisions; also referred to as a healthcare proxy
  13. embezzlement
    the illegal appropriation of money of funds by someone who is typically entrusted with its care
  14. false imprisonment
    occurs in healthcare when a medical professional confines a patient in some way or when a patient is held against his or her will without justification or consent
  15. felonies
    crimes that are either punishable by death or by imprisonment in a state or federal institution for more than one year
  16. fraud
    any attempt to deceive someone deliberately in order to secure unjust or unlawful gain
  17. good samaritan laws
    laws that include protection for persons who provide emergency care to a stranger from civil or criminal liability
  18. healthcare advance directive
    legal document that combines a living will and a durable power of attorney for healthcare
  19. immobilization devices
    any device used to restrain a patient requires a physician's order
  20. implied consent
    consent offered when a patient demonstrates the acceptance of a procedure simply by his or her nonverbal actions
  21. infliction of emotional distress
    results from intentionally causing emotional or mental suffering
  22. informed consent
    the act of providing a patient with a proposed procedure or course of treatment, explaining the risks and benefits, and ultimately gaining permission to perform the procedure or treatment
  23. intentional torts
    results in actions that are done in order to cause harm to another person

    examples: battery, false imprisonment, invasion of privacy, defamation of character
  24. invasion of privacy
    the interference of a person's right to be left alone
  25. laws
    mandatory rules to which all citizens must adhere or risk the consequences of civil or criminal liability
  26. libel
    publishing information in a written form that is injurious to a person's reputation
  27. litigius
    excessively prone to use legal means to settle a dispute
  28. living will
    legal document that expresses a patient's wishes concerning his or her future medical care
  29. Medicaid
    U.S health assistance program funded by the federal, state, and local government to help benefit low-income individuals
  30. Medicare
    U.S health assistance program funded by the federal government to help the elderly over 65 and disable individuals under the age of 65
  31. misdemeanors
    crimes that are punishable by fines or imprisonment other than jail for less than one year

    examples: traffic violations, disturbing the peace, and minor theft
  32. negligence
    occurs when someone has a duty to provide reasonable care and fails to do so regardless of intentions
  33. occupational safety and health administration OSHA
    administrative agency of the United States that establishes and enforces employee health and safety standards
  34. patient confidentiality
    the protection of health-related information and maintaining patient privacy
  35. patient protection and affordable care act of 2010
    expansive federal law, which among many things, seeks to lower medical cost, while at the same time providing options for the uninsured to receive healthcare insurance
  36. patient's rights
    the legal rights of the patient to related to the patient-medical caregiver relationship
  37. patient self-determination act of 1990
    established guidelines concerning the end-of-life desires of patients confronted with serious illnesses
  38. professional liability insurance
    individual insurance purchased by a sonographer to guard against malpractice claims when employer coverage is ambiguous and to protect against personal loss
  39. Res ipsa loquitur
    doctrine of negligence, which means "the thing speaks for itself"
  40. Respondeat superior
    doctrine of medical malpractice which means "let the master answer"
  41. rights
    an individual's just claim or entitlement
  42. scope of practice
    defines the role of a professional in the practice of his or her occupation
  43. slander
    speaking potentially damaging malicious words about someone that could hinder his or her reputation
  44. standard of care
    the care a reasonable and prudent person would provide in a given circumstance
  45. standards
    statements of the minimal behavioral or performance levels that are acceptable. something established by authority as a rule for the measure of quantity or quality
  46. stare decision
    legal doctrine, which means "let the decision stand;" the basis for decisions that look upon the results of similar past case decisions for a resolution
  47. statutory duty to report
    the obligation of health professionals to follow state public health laws to report medical conditions or incidents
  48. statutory law
    includes laws, referred to as statutes, which are enacted by federal, state, or local governments
  49. tort
    a wrong committed against a person or property , which may result in physical injury, damage to personal property, or deprivation of someone's personal liberty or freedom
  50. unintentional torts
    acts that are not intentionally committed but result in a injury to a person
Card Set
legal essentials and patients rights
legal essentials and patients rights