Torts 1
a wrongful act that does not involve a contract
Tort
an agreement between two or more parties
Contract
comprises all information given to heath care personnel by a patient
Privileged communications
part of a contract - a competent individual enters into a relationship with a health care provider and offers to be a patient
Offer
permission granted voluntarily by a person who is of sound mind after the procedure and all risks involved have been explained.
Informed Consent
the failure of a professional to use the degree of skill and learning commonly expected in one's profession, resulting in injury
Malpractice
three parts to a contract
Offer, Acceptance, Consideration
information about the care provided to the patient
Health care records
part of a contract - the health care provider gives an appointment or examines or treats the patient
Acceptance
unnecessarily exposing an individual or revealing personal information without consent
Invasion of privacy
failure to give care that is normally expected of a person in a particular position resulting in injury
Negligence
those obligations that are understood without verbally expressed terms
Implied contracts
federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge
Health Insurance Portability and Accountability Act
the payment made by the patient for the services provided
Consideration
restraining an individual or restricting an individual's freedom
False Imprisonment
threat or attempt to injure
Assault
stated in distinct and clear language, either orally or in writing
Expressed contract
HIPAA
Health Insurance Portability and Accountability Act
when a person works under the direction or control of another person, the employer
Principal
any care that results in physical harm, pain, or mental anguish
Abuse
unlawful touching of another person without consent
Battery
does not have the legal capacity to form a contract
Legal disability
Snooping on healthcare records of family, friends, neighbors, co-workers, and celebrities
most common HIPAA violation
person working under the employer
Agent
four types of abuse
Physical, Verbal, Psychological, Sexual