Legal and Ethical Issues In Health Oc - Chap 2

Legal and Ethical Issues In Health Oc - Chap 2

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Cards In This Set

Front Back
Tort
A civil wrong other than breach of contract

harm against a person, whereas a crime is a harm against the state
Crime vs Tort
Almost all torts are crimes but most crimes are not torts

. if prison is the penalty = crime
. if money is the penalty = tort
Four types of torts
Negligence
intentional torts
quasi-intentional torts
strict liability
Essence of negligence
Breach of established standards of care
Essence of strict liability
Relationship to or ownership of the thing that caused harm
Essence of intentional and quasi-intentional torts
Consent
Major Intentional torts
. assault
. battery
. false imprisonment
. intentional infliction of emotional distress
. trespass to land

" An intentional interference with an individual's person,
reputation, or property"
Intent
If a person is or should be substantially certain that given
circumstances will follow from his actions, then there exists requisite intent.
Transferred intent
You shoot at person A but hit person B. Even though you had no intent to shoot B ...intent follows the bullet

Example of the healthcare worker giving the shot to the wrong patient
Assault
Placing someone in immediate fear or apprehension of a harmful or noxious touching without the patient's consent

usually assault precedes battery but they are two distinct torts.

Example of raising a hand as if to strike a patient
Battery
Harmful or offensive touching of another without his or her consent or without a legally justifiable reason

Without
. consent of patient
. or absent an emergency
any touching of a patient can be a battery
Consent
In no event should any healthcare provider proceed with any procedure without the unwavering conscent of the patient.

. Never perform procedures for the convenience of the staff.
Implied Consent
. emergency situations - must be life threatening or pose a risk of significant physical injury

. as soon as possible competent consent should be obtained.
Ethical dilemmas
Arise from healthcare workers treating individuals with various religious beliefs
To prevent allegations of battery
. always have patient's written consent
. only perform the procedure authorized
. in emergency situations have 2 physicians certify the emergency exists
. document the certification in the patient's records
. perform only those procedures necessary to save the patient's life or to prevent significant injury and harm
. as soon as possible obtain competent consent for the performance of additional procedures