click below
click below
Normal Size Small Size show me how
Legal Issues
Chapter 2 Legal Issues in Radiation Therapy
Question | Answer |
---|---|
Criminal Law deals with | Crime and Punishment |
Tort Law deals with | personal injury |
Civil Law deals with | the rights of private citizens |
Constitutional Law deals with | rights carved out in the federal and state constitutions |
Administrative Laws are | made by the executive branch of government, to carry out the aims of the statute law |
Common Laws are decisions based on customs and habits of the area with a particular | county or state |
an unlawful threat or unsuccessful attempt to do bodily harm Ex. I'm going to beat you up | assault |
willful touching of a person or their belongings which may or may not cause harm Ex. beathing someone up | battery |
threatening someone with violence and following through with | assault and battery |
when a person is restricted in their personal movement within any area without justification or consent | false imprisonment |
attacking the good name or reputation of another | defamation |
slander | verbal |
libel | written |
shifts legal responsibility onto an individual for the actions of another | vicarious liability |
to infringe upon the privacy of another | trespass |
an established regulation limiting the period of time within which a specific legal action may be taken | statute of limitations |
Intentional infliction of emotion distress (IIED) can also be called | The Tort of Outrage |
a common tort law that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an extreme way | IIED or The Tort of Outrage |
What 3 things must the Plaintiff prove in order to pursue IIED charges? | The defendant has acted intentionally or recklessly Defendant's act was outrageous or extreme Such act has caused the plaintiff's emotional distress |
How can communication help deter legal action? | build trust and avoid misunderstanding ensure informed consent has been maintained help avoid documentation errors |
T or F? If cultural or language barriers are present, proper/qualified individuals are essential to ensure communication to the patient is accurate | True |
a mere failure to exercise reasonable care | Negligence |
a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both | Gross Negligence |
states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident | Comparative Negligence |
Common Negligence in clinical practice...falling short of the standard of reasonable medical care includes | Medication errors, diagnosis errors, surgical errors, or childbirth injuries |
to provide adequate treatment to their patients | Duty of Care |
occurs when a medical professional fails to meet their duty of care to the patient | Breach |
the breach must have caused injury to the patient | Caustation |
patient must have suffered some type of injury or loss due to the breach; can be medical care, lost wages, and emotional distress | Damages |
What are the four elements of negligence in healthcare? | Duty of Care, Breach, Causation, and Damages |
the law does not permit wrongdoers to avoid liability for their own actions, even though someone else may also be held legally liable for the wrongful conduct in question under another rule of law | Doctrine of Personal Liability |
Omission, by the patient to do what is reasonable | Contributory negligence by the patient |
A legal document that states an employer is liable for negligent acts of employees that occur while they are carrying out the orders or serving the interests of the employer | Respondeat Superior (let the master answer) |
The thing that speaks for itself | Res ipse loquitur |
Protects professionals such as accountants, lawyers, and physicians against claims initiated by their clients. This type of insurance is required because general liability insurance policies do not offer protection against claims arising from negligence, | Professional Liability Insurance |
A specific form of professional liability insurance for physicians and other medical professionals to cover any medical misconduct that causes injury or harm to the patient or client. | Malpractice |
Products/Equipment are covered by the hospital. However, the hospital can sue individual for __________ damage to equipment. | Intentional |
links every quality-improvement program with measurable outcomes necessary to determine overall effectiveness. Effectiveness here means success in reducing patient injury | Risk Management |
Defined as negative actions or lack of consideration directed towards an individual or group based on preconceived notions about their identity | Discrimination |
Reason for the lawsuit | Complaint |
gathering of evidence | discovery |
part of what went wrong | party |
saw what went wrong | witness |
meeting with those involved in order to gather information | deposition |
legal process of proving guilt | trial |
the person who brings a case to court...the one who sues | plaintiff |
the one who institutes an official presiding before a court | prosecutor |
the person who is being sued | defendant |
the reason for the lawsuit | cause of action |
deviation from the terms of a legally binding agreement | breach of contract |
Hospitals are one of the most _______ placed to work | Hazardous |
Occupational infections, Unsafe patient handling, exposure to hazardous chemicals, exposure to radiation, psycho-social risk and mental health, violence and harassment, risk in outside (ambient) work environment, occupational injuries, and environmental h | common |
Developing a safety program- to ______ workplace injuries, illness, and deaths, as well as the suffering and financial hardships for workers, their families, and employers | prevent |
Quality and Safety programs are geared towards: _____ workplace injuries and illnesses. ______ compliance with laws and regulations, ______ costs, including significant reduction in workers compensation, ____ workers, _______ their social responsibility | Prevent, Improve, Reduce, Engage, and Enhance |
equipment worn to minimize exposure to hazard that cause serious workplace injuries and illnesses | PPE Program |
Necessary for accountability and commitment to overall culture of safety. Policies should address the importance of using lift equipment correctly and follow proper handling procedures | Proper equipment training |
Pro- can improve access to care for patients in rural areas or areas with provider shortages, help people with limited mobility Con- Lack of physical exam, privacy issues | Telemedicine |
Pro- improvement of care coordination, providers more easily reachable, improved communication Con- models between patient and provider (tone), provider workload, patient distress (not understanding) | Patient Provider Secure Messages |
Pro - accessibility, improved patient care, better patient outcomes, efficiency, statistical data available Cons- privacy and security, data accuracy, tech problems, and learning curve | Electronic Health Record |
Pro- improved patient outcomes by early detection and intervention, improved patient engagement, reduced costs, personalized treatment plans Con- data privacy, over-reliance, accuracy, cost, info overload, patient adherence | Patient Monitoring Systems |
T or F? You should only answer questions that you are positively certain of the answer | True |
_______ attempt to answer questions that you do not feel comfortable with | NEVER |
You may not take, verify, transfer, or handle physician ______/_______ | orders/prescriptions |
the act of identifying disease based on signs and symptoms | Diagnosis |
the prediction of the probable course and outcome of the disease | Prognosis |
the prognosis is presented in a ________ manner, it should be reinforced that the statistics represent a generalization and cannot be considered definite for each case | statistical |
Explain _____ you do | everything |
Explain the _____ completely | procedure |
Explain all of the strange___ | noises |
Explain ____ and _____ you will touch them | when, how |
Explain what they will _____ and _____ throughout the treatment | see, hear |