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16 Cards in this Set
- Front
- Back
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Legal definition of MALPRACTICE (4)
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Negligence
Duty Direct Cause Damage |
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What is negligence?
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Failure to perform a task and falling short of care that would be provided by the average practitioner (the "standard of care")
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What is duty?
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The law's recognition of the physician's obligation to provide proper care to his/her patients
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What is direct cause?
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The negligence of the practitioner must have directly caused damage
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What is damages?
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Physical or emotional harm must be shown to have occurred
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What is informed consent? (3)
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Information
Capacity Consent |
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What comprises "information" in informed consent?
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Info regarding a proposed treatment, including side effects, alternative treatments, and outcome without treatment, must be provided
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What comprises "capacity" in informed consent?
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Possess the ability to understand, appreciate, reason, and express a choice (make a decision) regarding treatment
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What comprises "consent" in informed consent?
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The patient must give consent voluntarily (lack of subtle or overt coercion).
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What should the patient be able to do in informed consent?
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Understand the information given
Appreciate the details of the info Reason through the info given Choose a therapy based on info |
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Capacity vs. Competence, what difference?
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Capacity used by the medical system
Competence used by legal system |
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What is commitment?
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Hospitalization or treatment against their will
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What are the criteria for commitment?
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DTO and/or DTS and/or GD
in addition to a mental disease diagnosis |
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Tarasoff Decision, what is it?
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Therapists have a duty to take reasonable steps to protect potential victims of their patients
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What are reasonable steps that can be taken in a Tarasoff?
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1) Hospitalizing the patient
2) Altering treatment 3) Warning the victim 4) Notifying the police |
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M'Naghten Rule, what is it?
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A person is not held responsible for a criminal act if at the time of the act he or she suffered from mental illness or mental retardation and did not understand the nature of the act
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