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The flashcards below were created by user
dxc358
on FreezingBlue Flashcards.
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malpractice
- specialized form of negligence which is only applicable to professionals
- the failure of a professional to perform or to refrain from performing in a manner in which a reputable member within the profession would be expected to do so
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Negligence
fails to exercise standard of care that reasonable person would do in similar situation
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breach of confidentiality
to reveal things about patient (even if pt has been hospitalized)
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Defamation of character
- saying malicious and false things
- oral: slander
- writing: libel
- ex. writing comments in pts chart that are "judgmental"
- hence, need to SOPA notes objectively and backup all statement
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Invasion of privacy
searching pt without probable cause
- ex. many psychiatric facilities routinely conduct body search, but need to have MD order & written rational to demonstrate why body search must be done
- Hence, many facilities must now reexamine policies regarding this procedure
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Assault
fear of being touched without concent
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battery
unconsented touching of another person
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restraints & seclusion
- false imprisonment
- confining pt against their will
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criminal law
- provides protection from conduct deemed injuries to public welfare
- includes imprisonment, parole condition, loss of privileges, fine
ex. theft by a hospital employee of supplies or drugs
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tort
a violation of a civil law in which an individual has been wrong
- ex. unintentional tort- are malpractice and negligence actions
- intentional tort- touching of another person without consent
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civil law
protects the private and property rights of individual and business
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statutory law
a law that has been enacted by legislative body, such as a county or city council, state legislature, or U.S congress
ex. the nursing practice act
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common law
law that is derived from decisions made in previous cases
ex. how different states deal with a nurse's refusal to provide care for a specific client
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Hippa
- pt. right to access his/her medical records, to have corrections made them, and to decide who he/she wants to share information with
- Medical information: considered protected health information (PHI)
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Doctrine of privileged communication
- Professional right to refuse to give out pt information
- ex. refusing to give any information to caller, citing rules of confidentiality
- exception: duty to warn. pt confides intention to harm another person or has potential to
- its your duty to report this to psychiatrist or to other team members- failure to do so could cause danger to others
- duty to protect: therapist may need to warn individuals who is at risk, notify police or whatever reasonable to protect victim form harm (ex. initiate voluntary or involuntary commitment )
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