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38 Cards in this Set

  • Front
  • Back
licensure
graduate from accredited school and pass national exam of competency
certification
meet standard set by accreditation body
revocation and suspension
-unprofessional conduct
-commission of a crime
-personal incapacity
standard of care
-ordinary skills and care
-same knowledge,skills,and care with similar clinician
-perform as "resonable and prudent"
prudent person rule
must provide informations to Pt:Dx,Risk of Rx,expected benefits,alternative Rx,prognosis if noRx,cost and expected pain
scope of practice
MUST:-understand and work within scope of practice for discipline
-understand and practice within the guidelines of profession
-fallow chain of command
provider's rights
-to select patient-to refuse service to Pt
-to payment
-to withdraw from relationship
-to vacation
provider's responsibilities
-human dignity
-honesty
-responsibility to society
-confidentiality
-continued study
-freedom of choice
-responsibility to improve community
confidentiality -rights
-keeping private all information
-no disclosure without written consent
-MEDICAL PATIENT RIGHTS ACTS gives all patients right to have privacy respected and records held confidential
confidentiality -obligations
priveleged communication:confidential infrmation told to a clinician or attorney by a patient
patient self determination acts(advance directives)
-living will
-durable power of attorney
-uniform anatomical gift act
-DNR(do not resuscitate)
good samaritan laws
-state lows help protect health care professional from liability while giving care in emergency
-no one is required to provide aid
-only required to act within limits of aquired skill and training
the legal system US Constitution
-legislative branch
-executive branch
-judicial branch
sources of law
-Constitutional Law
-Statutory and Regulatory Law
-Common or Case Law
classification of Laws
public
-criminal
-administrative
-constitutional
-international
private or civil
-tort
-contract
-property
-inheritance
-family
-corporate
private or civil laws
TORT LAW:civil injury
-committed against onother person or property
-results in harm
-compensatory by monetary damages
-can be:INTENTIONAL AND NONINTENTIONAL
UNINTENTIONAL TORT
NEGLIGENCE
INTENTIONAL TORT
ASSAULT
BATTERY
FALSE IMPRISONMENT
DEFAMATION OF CHARACTER
FRAUD
INVASION OF PRIVACY
CONTRACTS
EXPRESSED CONTRACT
IMPLIED CONTRACT
BREACH OF CONTRACT
PUBLIC/CRIMINAL LAW
FELONY
MISDEMEANORS
FELONY
CRIME
MISDEMEANOR
-TRAFIC CITATION
-POLICE ARREST
-POLICE CITATION
-CITIZEN INFORMATION
THE PROCEDURE
-litigation
-plaintiff
-settling
-waiveboth parts give up their right to a jury trial
-trial
-closing argument
-appeal
SUBPOENA(THE OBIGATION TO BE PRESENT IN CORT)
DISCOVERY
DEPOSITION
SUBPOENA DUCES TECUM(OBLIGATION TO BE PRESENT IN COURT WITH PAPERS,DOCUMENTS THAT THE WITNESS HAVE)
Professional Negligence
unintentional action that occurs when a person performs or fails to perform an action that a reasonable person would or would not do..
Malpractice
profesional misconduct or demonstration of an unreasonable lack of skill with the result of injury,loss,or damege to the Pt
The tort of negligence
Malfesance-performing a wrong or illegal act;
Misfeasance:improperly performing
Nonfeasance:failure to perform..
Four Ds of negligence
Duty:responsibility estabilshed by physician-Pt relationship
Dereliction:neglect of duty
Direct cause:continuous sequence of events producing the injury..
Damages:injuries caused by the defendant
Res Ispa loquitur"the thing speaks for itself"
CONDITIONS
-injury could not occur without negligence
-defendant had direct control over cause of injury
Pt did not and could not contribute to the injury
DAMAGES
Compensatory damages
Punitive or exemplary damages
Nominal damages
Fraud
the deliberate concealment of facts from onother person for unlowful or unfair gain
Defense to Malpractice Suits
Affirmative defenses:
-Denial
-Assumption of risk
-contributori negligence
-borowed servant
-statute of limitations
-res judicata
Professional liability
Civil liability cases
Physical conditions of the premises
Promise to cure
Law of agency
Who is liable
Liability insurance
Claims made insurance-covers during time policy
Occurance insurance-covers the insured no mater the time of claim
Malpractice insurance
Covers everything,very expensive
Alternative Dispute Rezolution(ADR)
Arbitration
Mediation
Med-arb.
Malpractice Prevention
General guidelines
Safety
Communication
Documentation
Liability of other Health professionals
Paramedic
Nurse
Nursing Assistant
Medical assistant
Pharmacist
Physical therapist
Respiratory assistant