Chapter 5

Torts

100

Name three examples of torts mentioned in Chapter 5

What is:

Any three of the following:

• Malpractice
• Negligence
• Assault and Battery
• Invasion of Privacy
• False Imprisonment
• Abuse
• Defamation (Slander or Libel)

200

The difference between slander and libel

What is:

• Slander is spoken defamation (saying false things about someone)

• Libel is written defamation (writing false things about someone)

• Both damage someone's reputation, but slander is verbal and libel is written

300

Malpractice

What is:

A type of tort where a health care professional fails to provide proper care or treatment, resulting in harm to a patient. It involves professional negligence. 

400

Give a real-world example of assault and battery in health care.

What is:

• A nurse threatening a patient with an injection and then giving it without consent
• A doctor performing surgery on a patient who didn't consent
• A medical assistant threatening to restrain a patient and then doing so
• An orderly forcibly treating a patient against their wishes

Key elements: Must involve threat (assault) and/or unauthorized touching (battery)

Contracts

100

The three components of a contract

What is:

• Offer - One party makes an offer or proposal

• Acceptance - The other party agrees to the offer

• Consideration - Something of value (money, services, etc.) is exchanged

200

The meaning of "consideration" in a contract.

What is:

something of value that each party exchanges as part of the contract. It could be money, services, goods, or promises. Both parties must give something of value for the contract to be valid.

300

Breach of Contract

What is:

when one party fails to fulfill their obligation or promise under the contract. This is a violation of the agreement and can result in legal action.

400

Why we use a translator with non-English-speaking parties

What is:

to ensure the non-English-speaking party fully understands the contract terms and conditions. This ensures clear communication, prevents misunderstandings, and helps make sure the contract is truly valid because all parties fully understand what they're agreeing to.

HIPAA/Privacy

100

H.I.P.A.A

What is:

Health Insurance Portability and Accountability Act (of 1996)

200

Name two situations where you CAN share patient info without consent

What is:

• For treatment purposes (necessary care)

• For payment/billing purposes

• For health care operations

• In emergency situations

• When required by law

• For public health activities

• For research (with proper safeguards)

300

The Privacy Rule

What is:

part of HIPAA that establishes standards for the privacy of individually identifiable health information. It sets guidelines for how patient health information can be used and shared.

400

Consequences for HIPAA violations

What is:

• Fines (can be thousands to hundreds of thousands of dollars)

• Job loss/termination

• Loss of professional license

• Criminal charges

• Lawsuits

• Prison time (in severe cases)

• Damage to reputation/career

Ethics

100

Ethics

What is:

a set of principles that deal with what is morally right or wrong. Ethics provide a standard of conduct or code of behavior that guides decision-making.

200

Name three ethical dilemmas in health care

What is:

• Euthanasia/assisted suicide
• Confidentiality of AIDS diagnosis
• Use of aborted fetuses in research
• Continuing life support
• Expensive treatments and payment
• Transplant decisions
• Medical marijuana use
• Animal testing for medical research
• Genetic research
• Cloning
• Stem cell research

300

Ethics vs. Law

What is:

• Law is what you MUST do (legal requirements)

• Ethics is what you SHOULD do (moral principles)

• Something can be legal but unethical

• Something can be illegal but ethical

• Laws often lag behind ethical standards

• Professional ethics usually go beyond minimum legal requirements

400

Name four basic ethical principles for health care workers

What is:

• Save lives and promote health

• Patient comfort

• Respect patient's right to die peacefully and with dignity

• Treat all patients equally

• Provide best care possible for every patient

• Maintain competent skills and knowledge

• Stay up-to-date with continuing education

• Respect rules of confidentiality

• Refrain from immoral, unethical, and illegal practices

• Show loyalty to patients, coworkers, and employers

• Be sincere, honest, and caring

Professional Standards

100

Name three professional standards from Section 5:5

What is:

• Only perform procedures you're trained for

• Use approved, correct methods

• Obtain proper authorization

• Identify the patient

• Obtain patient consent

• Observe safety precautions

• Keep information confidential

• Think before speaking

• Treat all patients equally

• Don't accept tips or bribes

• Report errors immediately

• Behave professionally in dress, language, manners, and actions

200

What you should do if you make a medication error.

What is:

Report it immediately to your supervisor. Do not try to hide it or fix it quietly. Immediate reporting allows for:

• Quick assessment of patient impact
• Immediate intervention if needed
• Proper documentation
• Prevention of further harm
• Demonstrates honesty and professionalism

300

Why or why not we can accept tips from patients.

What is:

No, you should not accept tips or money from patients. Reasons include:

• It's unprofessional
• It can create conflicts of interest
• It may be against facility policy
• It can compromise professional boundaries
• It violates professional standards
• It could be seen as bribery

400

The importance of Liability Insurance

What is:

it provides financial and legal protection in case of legal action against you. It can cover:

• Legal fees
• Settlements or judgments
• Medical malpractice claims
• Protects your personal assets
• It's your responsibility to understand if your employer provides it or if you need personal coverage