Legal Term Review

confidential

• Private or secret

ethics

• Dealing with what is good or bad, determining moral duty and obligation

• Standards of behavior

jurisprudent

• Understanding the science of law

moral

• Relating to principles of right or wrong

legal

• Deriving authority based on law

Privileged communication

• Personal private info relating to the care given by HCW

breach

• Breaking the law, an obligation, or the terms of a contract

tort

• Civil wrong

• Wrongful acts that do not involve contracts

malpractice

• Bad/harmful practice that injures another person

– When a physician does not administer a tetanus shot when a patient has a puncture

– When a nurse performs minor surgery without having any prior training

negligence

• Failure to perform duties in a reasonable and customary way

– Using or not reporting defective equipment– Infection caused by using non sterile instruments– Burns caused by improver heat or radiation

treatments

Assault

• A threat or an attempt to injure another person in an illegal manner

battery

• Unlawful touching of another person w/o consent, with or w/o injury

Invasion of privacy

• Unlawfully making known to the public any private/personal information w/o the consent of the wronged person

– Sending information regarding patient to an insurance company without written permission from patient

– Informing news media of patient’s condition without permission

False Imprisonment

• Restraining or detaining a person against his will• Restricting a person’s freedom

• Keeping patient hospitalized against their will• Applying physical restraints without proper authorization

Abuse

• Results in physical harm, pain, or mental anguish

– Physical abuse-hitting, restraining, depriving– Verbal abuse-shouting, swearing, speak harshly– Psychological abuse-threatening harm, belittling– Sexual abuse-unwanted touch, sexual gestures

Defamation

• Occurs when false statements either cause a person to be ridiculed or damage the person’s reputation

– Reporting that a patient has an infectious disease to the State Health Department when the lab results are inaccurate

libel

• Communicating something untruthful and harmful about another person in writing

slander

• Verbally communicating something untruthful and harmful about another person

Informed Consent

• Permission granted voluntarily by a person who is of sound mind after the procedure and all risks involved have been explained in terms the person can understand.

– Verbal consent—person verbalizes permission– Written consent- permission is written

– Surgery, certain diagnostic test, experimental procedures, treatment of minors

Civil law

• Defines the legal relationships between people and the protection of a person’s rights

Criminal Law

• Defines the legal relationships between people and state

• Focuses on wrong against a person, property or society

Abuse Signs

• Unexplained bruises, fractures, burns, or injuries

• Signs of neglect –poor hygiene• Irrational fears or a change in personality• Aggressive or withdrawn behavior• Patient statements that indicate abuse or

neglect

Legal Disability

• Person who does not have the legal capacity to form a contract

• Minors, mentally incompetent, person under influence o drugs that alter the mental state, semiconscious or unconscious

will

• Written document that allows person to distribute property after death

living will

• A legal document that a person uses to make known his or her wishes regarding life-prolonging medical treatments

Advance Directive

• Document that allow a person to state what medical treatment they want or do not want in the event that they become incapacitated

Durable Power of Attorney

• Document that permits a person to appoint another person to make any decisions regarding health care

DNR

• A document is a binding legal document that states resuscitation should not be attempted if a person suffers cardiac or respiratory arrest

Power of attorney

• A document that allows you to appoint a person or organization to handle your affairs while you're unavailable or unable to do so.

Medical Records

• Considered privileged communication• Are used as legal records• Erasures are not allowed– Mistakes should be crossed out with single line,

corrected info inserted, dated and initialed• After legal time for retention, records should

be burned or shredded to maintain confidential

Patient Rights

• Considerate and respectful care• Obtain complete, current info concerning

diagnosis• Receive info necessary to give informed

consent• Have advanced directives or refuse treatment• Privacy concerning medical care program

Patient Rights

• confidential treatment of all communication and records

• Reasonable response to a request• Review medical records and examine bills and

receive explanation of all• Be advise and have the right to refuse to

participate in any research project• Be informed of hospital rules and regulations