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38 Cards in this Set
- Front
- Back
licensure
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graduate from accredited school and pass national exam of competency
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certification
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meet standard set by accreditation body
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revocation and suspension
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-unprofessional conduct
-commission of a crime -personal incapacity |
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standard of care
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-ordinary skills and care
-same knowledge,skills,and care with similar clinician -perform as "resonable and prudent" |
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prudent person rule
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must provide informations to Pt:Dx,Risk of Rx,expected benefits,alternative Rx,prognosis if noRx,cost and expected pain
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scope of practice
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MUST:-understand and work within scope of practice for discipline
-understand and practice within the guidelines of profession -fallow chain of command |
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provider's rights
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-to select patient-to refuse service to Pt
-to payment -to withdraw from relationship -to vacation |
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provider's responsibilities
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-human dignity
-honesty -responsibility to society -confidentiality -continued study -freedom of choice -responsibility to improve community |
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confidentiality -rights
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-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 |
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confidentiality -obligations
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priveleged communication:confidential infrmation told to a clinician or attorney by a patient
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patient self determination acts(advance directives)
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-living will
-durable power of attorney -uniform anatomical gift act -DNR(do not resuscitate) |
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good samaritan laws
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-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 |
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the legal system US Constitution
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-legislative branch
-executive branch -judicial branch |
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sources of law
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-Constitutional Law
-Statutory and Regulatory Law -Common or Case Law |
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classification of Laws
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public
-criminal -administrative -constitutional -international private or civil -tort -contract -property -inheritance -family -corporate |
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private or civil laws
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TORT LAW:civil injury
-committed against onother person or property -results in harm -compensatory by monetary damages -can be:INTENTIONAL AND NONINTENTIONAL |
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UNINTENTIONAL TORT
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NEGLIGENCE
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INTENTIONAL TORT
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ASSAULT
BATTERY FALSE IMPRISONMENT DEFAMATION OF CHARACTER FRAUD INVASION OF PRIVACY |
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CONTRACTS
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EXPRESSED CONTRACT
IMPLIED CONTRACT BREACH OF CONTRACT |
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PUBLIC/CRIMINAL LAW
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FELONY
MISDEMEANORS |
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FELONY
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CRIME
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MISDEMEANOR
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-TRAFIC CITATION
-POLICE ARREST -POLICE CITATION -CITIZEN INFORMATION |
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THE PROCEDURE
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-litigation
-plaintiff -settling -waiveboth parts give up their right to a jury trial -trial -closing argument -appeal |
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SUBPOENA(THE OBIGATION TO BE PRESENT IN CORT)
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DISCOVERY
DEPOSITION SUBPOENA DUCES TECUM(OBLIGATION TO BE PRESENT IN COURT WITH PAPERS,DOCUMENTS THAT THE WITNESS HAVE) |
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Professional Negligence
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unintentional action that occurs when a person performs or fails to perform an action that a reasonable person would or would not do..
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Malpractice
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profesional misconduct or demonstration of an unreasonable lack of skill with the result of injury,loss,or damege to the Pt
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The tort of negligence
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Malfesance-performing a wrong or illegal act;
Misfeasance:improperly performing Nonfeasance:failure to perform.. |
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Four Ds of negligence
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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 |
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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 |
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DAMAGES
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Compensatory damages
Punitive or exemplary damages Nominal damages |
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Fraud
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the deliberate concealment of facts from onother person for unlowful or unfair gain
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Defense to Malpractice Suits
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Affirmative defenses:
-Denial -Assumption of risk -contributori negligence -borowed servant -statute of limitations -res judicata |
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Professional liability
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Civil liability cases
Physical conditions of the premises Promise to cure Law of agency Who is liable |
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Liability insurance
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Claims made insurance-covers during time policy
Occurance insurance-covers the insured no mater the time of claim |
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Malpractice insurance
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Covers everything,very expensive
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Alternative Dispute Rezolution(ADR)
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Arbitration
Mediation Med-arb. |
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Malpractice Prevention
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General guidelines
Safety Communication Documentation |
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Liability of other Health professionals
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Paramedic
Nurse Nursing Assistant Medical assistant Pharmacist Physical therapist Respiratory assistant |