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21 Cards in this Set
- Front
- Back
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Tarasoff v. Regents of the University of California |
Mental health professionals have a duty to protect individuals who are being threatened by a patient |
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Cruzan v. Director |
Patients have the right to refuse life-sustaining treatments A feeding tube was a medical treatment that did not have unique status Like other life-sustaining treatments, artificial nutrition and hydration could, legally and ethically, be discontinued |
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Public Health Service Act |
Empowers the Secretary of The Department of Health and Human Services (HHS) to lead all Federal public health and medical response to public health emergencies and incidents covered by the National Response Framework It covers public health and medical response (mass public health emergencies) |
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Schloendorff v. Society of New York Hospital |
Established a legal precedent for informed consent |
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Patient Self-Determination Act |
In response to the Cruzan decision At the time of admission, health care institutions that participate in Medicare and Medicaid programs: 1) Ask patients whether they have an advance directive 2) Inform patients of their rights to accept or refuse medical treatments and to create and execute an advance directive 3) Incorporate advance directives into patients' medical records |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (The Stafford Act) |
Authorizes the president to issue a disaster or an emergency declaration in response to an event (or threat) that overwhelms state or local government Under the Stafford Act, states have access to emergency funds and the assistance of the Federal Emergency Management Agency (FEMA) |
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Good Samaritan Law |
Protects individuals who help those that are injured or in danger from legal liability (protects them from being sued) |
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Emergency Medical Treatment & Labor Act (EMTALA) |
Ensures public access to emergency services regardless of ability to pay |
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Volunteer Protection Act |
Provides a minimum level of liability protection for volunteers who are part of large, organized volunteer efforts May serve to protect individuals, for example, working on large-scale disaster relief efforts |
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Res ipsa loquitor |
"The thing speaks for itself" Situations in which persons suffer injury caused by the negligent action of another party that would not have otherwise occurred Requires no further proof of negligence or injury suffered |
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Gross negligence |
Careless or reckless individual who seemingly intends to cause harm to another |
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Vicarious liability |
When someone is liable for the negligent actions of another person |
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Volenti non fit injuria |
Person who knowingly places himself at risk for danger cannot sue for any resulting injuries that may be incurred |
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Paternalism |
Acting without a patient's consent or overriding a patient's wishes, for the patient's own benefit or to prevent harm to the patient |
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Battery |
Intentional and unauthorized touching of a patient Taking out an appendix during a hernia repair (if appendix can kill the patient though, this falls under implied consent) |
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Futility |
Doing something that will have no benefit to the patient or that will cause needless pain and suffering |
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Negligence |
Not providing the standard of care appropriate to the situation |
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Non-maleficence |
Often associated with malpractice A principle requiring that the physician not intentionally inflict pain or harm |
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Genetic Information Nondiscrimination Act of 2008 (GINA) |
Made it unlawful employment practice for an employer to discriminate based on genetic information or to request genetic information |
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Americans with Disabilities Act (ADA) |
Provides some protections against disability-related genetic discrimination in the workplace Individuals with symptomatic genetic disabilities have the same protections against discrimination as individuals with other disabilities |
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HIPAA |
Prohibits group health plans from using any health status-related factor, including genetic information, as a basis for denying or limiting eligibility for coverage or for charging an individual more for coverage |
