Chapter 5 key terms

Question 1

Legal

Answer 1

authorized or based on law

Question 2

Criminal Law

Answer 2

focusing on behavior known as a crime

Question 3

Civil Law

Answer 3

focuses on legal relationships between people and protection of personal rights.

Question 4

Tort

Answer 4

wrongful act that does not involve contracts. When a person is harmed or injured because a person does not do their job to the appropriate standards.

Question 5

Malpractice

Answer 5

“bad practice”/ “professional negligence”
The failure of a professional to use the degree of skill commonly expected in that individual’s profession.

Question 6

Assault and Battery

Answer 6

Assault: threatening or attempting to injure someone
Battery: unlawful touching of someone without consent.

Question 7

Informed Consent

Answer 7

permission granted by a person who will understand what will take place.

Question 8

Invasion of Privacy

Answer 8

Physical Invasion: unnecessarily exposing a person
Informational Invasion: revealing personal info without consent

Question 9

False Imprisonment

Answer 9

restraining or restricting an individual’s freedom without authorization.

Question 10

Abuse

Answer 10

any care resulting in physical harm, pain or mental anguish.

Question 11

Defamation

Answer 11

occurs when false statements cause someone to be ridiculed or damage their reputation.

Question 12

Contract

Answer 12

agreement between two or more parties and consist of offer, acceptance, and consideration

Question 13

Implied Contracts

Answer 13

obligations understood without verbally expressed terms

Question 14

Expressed Contracts

Answer 14

stated in distinct and clear language, either orally or in writing.

Question 15

Legal Disability

Answer 15

someone who does not have the legal ability to form a contract.

Question 16

Agent

Answer 16

person operates under the direction or control of another person

Question 17

Privileged Communication

Answer 17

compromise all information given to healthcare personnel by a patient; info must be kept confidential by law.

Question 18

Health Care Records

Answer 18

contains information about the care provided to the patient; considered privileged communications

Question 19

Health Insurance Portability and Accountability Act (HIPPA)

Answer 19

estabishes the standards to protect health information

Question 20

Scope of Practice

Answer 20

procedures, processes, and actions that health care providers are legally permitted to perform wthin the terms of their professional license and registration.

Question 21

Ethics

Answer 21

a set of principles relating to what is right or wrong

Question 22

Confidentiality

Answer 22

information about the patient must remain private and only shared with other members of the patient’s health care team.

Question 23

Patient Rights

Answer 23

ensures ethical and respectful treatment within the health care system; factors of care that a patient can expect to receive.

Question 24

Consumer Bill of Rights

Answer 24

in 1998, enacted and must be recognized and honored by health care professionals.

Question 25

Omnibus Budget Reconciliation Act (OBRA) of 1987

Answer 25

residents in long-term care facilities are guaranteed certain rights.

Question 26

Residents’ Bill of Right

Answer 26

long-term care facilities must provide these to residents and a copy must be posted in the facility.

Question 27

Patient Self-Detemination Act (PSDA)

Answer 27

Federal law ensures patients are informed of their rights and have the opportunity to determine the care they will receive.

Question 28

Advance/Legal Directives

Answer 28

Legal documents that **allow individuals to state what medical treatment they want or don’t want** in the event they are incapacitated and cannot express their wishes for medical care.

Question 29

Living Will

Answer 29

documents that allow individuals to state what measures should or shouldn’t be taken to prolong life when their condition is terminal. (death is expected)

Question 30

Designation of Health Care Surrogate/ Durable Power of Attorney (POA)

Answer 30

**document that permits an individual to appoint another person to make any decisions regarding health care** if the principal should be unable to make decisions.

Question 31

Patient Protection and Affordable Care Act (PPACA)

Answer 31

guarantees certain rights pertaining to health insurance coverage.

Question 32

Negligence

Answer 32

Failure to give care that is normally expected of a person in a particular position.