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CHAPTER 45
Legal Accountability
Question | Answer |
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Liability mean | means that the person is financially or legally responsible for something. Nurses are legally responsible for their own actions and this responsibility cannot be delegated—this is the basis for liability in nursing practice. |
Malpractice is | ■ one source of legal liability. It means that a prsofessional person has failed to act in a reasonable and prudent manner. If someone is harmed, the professional may be held liable. |
The Health Insurance Portability and Accountability Act (HIPAA) was passed by Congress in 1996 to: | ■ Protect health insurance benefits for workers who lose or change their jobs ■ Protect coverage to persons with preexisting medical conditions ■ Establish standards to protect the privacy of personal health information |
Health Information Technology for Economic and Clinical Health (HITECH) Act | Under the HITECH Act data breach notification provision, healthcare agencies are required to notify clients of breaches without unreasonable delay and in no more than 60 days. In addition, its enhanced enforcement provisions i |
Emergency Medical Treatment and Active Labor Act (EMTALA) | The Emergency Medical Treatment and Active Labor Act (EMTALA) requires healthcare facilities to provide emergency medical treatment to patients (including those in labor) who seek healthcare in the emergency department (ED), regardless of their ability to |
Patient Self-Determination Act | The Patient Self-Determination Act (PSDA) of 1991 recognizes the client’s right to make decisions regarding his own healthcare. The healthcare provider must inform the patient about available medical or surgical treatment |
There are two types of legal written advance directives: the living will and the durable power of attorney for healthcare | A living will gives directions to others about a person’s wishes regarding life-prolonging treatments if the person becomes unable to make those decisions |
There are two types of legal written advance directives: the living will and the durable power of attorney for healthcare | A durable power of attorney (DPOA) for healthcare identifies a person (called the surrogate decision maker) who will make healthcare decisions in the event the patient is unable to do so. The surrogate has the right to make the medical decisions |