Chapter 24 Medical Law and Practice Standards
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| Protects individual rights | Constitutional Law
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| Law enacted by federal, state or local legislators. ex. CARE bill. | Statutory Law
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| Administrative laws passed by legislation but issued and enforced by admin body. ex. IEMA | Administrative Law
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| Derived from Common Law of England decided on a case by case basis by judge or jury. | Case or Civil Law
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| Murder or manslaughter. Rare against H.C workers | Felony
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| Criminal negligence, failure to report injury or illness, fraudulent business activities, failure to provide emergency services | Misdemeanors
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| Most common involving claims against health care workers | Tort law
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| Clinical Standard 1 | Assessment-Gather information
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| Clinical Standard 2 | Analysis/Dtermination
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| Clinical Standard 3 | Patient Education
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| Clinical Standard 4 | Performance
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| Clinical Standard 5 | Evaluation
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| Clinical Standard 6 | Implementation
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| Clinical Standard 7 | Outcome measures
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| Clinical Standard 8 | Documention
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| Set parameters, fed and state regulations, job discriptions, curriculum, professional customs. | Practice Standards
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| an act that causes a person to fear they will be touched in an offensive, insulting, or physically injurious manner with out consent. | Assult
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| Act of harmful or unwarranted or unconsented contact with a person with out consent. Touching with out permission | Battery
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| Illegal detention of a person without consent | False imprisonment
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| Covering up errors in the care of a patient | Fraud
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| Invasion of a persons reputation and good name, includes slander and libel. | Defoamation of Charactor
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| Harmful spoken words about a person | Slander
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| Written or published comments negative about a person | Libel
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| Violating a persons right to protection against unreasonable and unwarrented interference. breech of confidentiality. | Invasion of privacy
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| Failure to use such care as a reasonably prudent health care professional would. | Medical Negligence
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| 1. duty to the patient-duty is owed 2. breach of this duty-failure to perform 3. compensable injury-harm with results 4. relationship between injury and breach of duty | 4 elements of malpractice
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| Not needed in emergency situation | Consent
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| showing up, getting on the table, walking up to wall bucky, doesnt require knowledge of procedure. | Consent
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| Required when patient is subject to any type of invasive procedure. | Informed Consent
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| Must consist of procedure, benefits, risks, alternatives, and in the patients language. | Informed Consent
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| To be able to give informed consent a patient must | Be of legal age, competent, sign voluntarly, and give a signature.
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| Exams that require informed consent: | Myelograms, MRI injections, Athrograms, IVU, Arteriograms, CT injections, Biopsies and drainages.
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