Torts
Intentionally threatening or attempting to harm a person, such as when a medical assistant says they will draw a patient's blood despite the patient refusing is an example of what?
What is Assault?
This is any individually identifiable information about a patient's health status, provision of healthcare, or payment for healthcare, which includes their name and social security number
What is Protected Health Information (PHI)?
The description of activities a licensed, practicing health science professional is legally permitted to perform
What is scope of practice?
]Legal documents that allow people to state what medical treatments they want or do not want if they become unable to communicate due to illness or injury
What are advanced directives?
Abuse that includes excessive demands, insults, humiliation, threats, and lack of affection and support
What is emotional abuse?
Intentionally touching another person without permission, even if no harm is caused is an example of what?
What is Battery?
This is the permission given in writing and plain language that is required to share health information, and it must include an expiration date and the patient's signature
What is authorization?
Compliance or Violation: A receptionist at a cardiology clinic looks up the medical record of her neighbor, who is a patient at the clinic. The receptionist is not involved in the neighbor's care and does this only out of personal curiosity.
Violation
A document that states which medical treatments a person does or does not want to prolong their life, which may include refusing a blood transfusion or CPR
What is a Living Will?
Abuse that includes any physical mistreatment, violence, inappropriate restraint, or withholding physical care
What is physical abuse?
Unintentionally harming a person by failing to act as a reasonable person would in that situation, like forgetting to lock a patient's wheelchair.
What is negligence?
These nationwide standards protect private patient information, and allow disclosure of PHI without authorization in situations like treatment, payment, and healthcare operations, or when providing records to a court of law
What is the Privacy Rule?
A medical assistant tells her friends that a doctor they work for is addicted to painkillers, a claim she knows is untrue.
What is slander?
The patient's right to change their mind and stop a procedure or test, even after giving permission
What is the right to withdraw consent?
Abuse that includes using sexual gestures, suggesting sexual behavior, or unwanted sexual touching or acts
What is sexual abuse?
Professional negligence, like a surgeon operating on the wrong body part because they didn't follow the proper standards of care, which is the most common charge against healthcare workers
What is Malpractice?
Compliance or Violation: A laboratory technician uses her personal, unencrypted phone to take a picture of a patient's lab results (including the patient's name, DOB, and blood type) and texts it to the ordering physician to expedite care.
Violation
A hospital dietitian posts a false, critical review on Yelp about a competing nutritionist, claiming the nutritionist lost her license for drug use.
What is libel?
A two-part process that involves a clear explanation of a procedure's benefits, risks, and alternatives, followed by permission given by a competent and voluntary patient
What is informed consent?
An Emergency Medical Technician (EMT) is first on the scene of a cardiac arrest. The patient needs an IV started and an epinephrine drip administered immediately. Are they acting within their scope of practice?
No
Publishing false text is ______, while speaking false words is _______.
What is libel and slander?
Violation or Compliant: A nurse and a doctor are discussing a patient's complex post-operative care plan. They step just outside the patient's room into the hallway and speak quietly, but another patient walking by briefly overhears the patient's first name and the term "new transplant."
Compliant
A phlebotomist approaches a patient who is verbally refusing to have his blood drawn. The patient says, "No, don't touch me!" The phlebotomist raises the needle and says, "Just hold still, this will only take a second."
What is assault?
An agreement that is understood without being stated in words or writing, such as when a patient takes a prescribed medication
What is implied contract?
What included in an incident report? (All or nothing)
Who was involved
• What occurred
• When it occurred
• Where it occurred
• What actions were taken
• Statements by any people who were harmed
• Statements by any healthcare workers involved
• Statements by any witnesses