Kayla Anderson Raveena Patel. Failure of a professional to use the degree of skill in learning...
Transcript of Kayla Anderson Raveena Patel. Failure of a professional to use the degree of skill in learning...
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ALL ABOUT THE LAWS
Kayla Anderson
Raveena Patel
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MALPRACTICE
Failure of a professional to use the
degree of skill in learning commonly
expected in that individual’s profession
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MALPRACTICE For example: A midwife had a woman in
a labor and saw the evidence of fetal distress on the monitor. She waited to call the doctor because she thought that she could handle the case, but this was beyond her scope of knowledge. Due to the actions of the midwife, the baby was born severely retarded.
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BREACH Failure to comply
For example: A patient goes to the doctor and signs a contract saying that they will pay for the treatment given to them by the doctor or nurse. The patient denies any treatment, and refuses to pay the service he has received.
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TORT Wrongful acts that do NOT involve
contractsCivil=legal relationships
ConfidentialityCriminal=wrongs against person, property,
and society Misuse of narcotics, theft, murder
For Example: A pharmacists steals medicine from work, and he brings it home for himself.
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NEGLIGENCE Failure to give care that is normally
expectedForgetting to put side rails up
For example: amputating the right leg when they should be amputating the left leg. They end up having to amputate both of the legs.
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LIABILITY Being legally responsible (LIABLE) for
your own actions
For example: The nurse anesthetist puts too much medicine into a patient even though the anesthesiologist gave her proper instructions. Because the nurse was under the anesthesiologist’s direction, they are BOTH liable
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NONFEASANCE Failure to act when one should NOT acting
For Example: If a nurse sees a patient choking and he just walks by his patient and decides not to help his patient.
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MALFEASANCE Performance of totally wrongful and
unlawful act BAD act
For example: A nurse purposely gives a patient a placebo instead of antibiotics for an infection, which causes more damage to the patient.
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MISFEASANCE Performance of a lawful act in an illegal
or improper manner
For example: In The Doctor, the physician was not suppose to get treated, but instead got an enema.
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CONFIDENTIALITY Who do you discuss it with?
An adult: only the patientMinors: only the patient
Parents/guardians are needed to initiate careDisabled: parents/guardians
All information can be shared with members of the health care team
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CONFIDENTIALITY What can NOT be shared with others?
Nothing can be shared without the written consent of the patient
What must be reported under legal obligation? If the information is public knowledge, then
that information may be shared For example: AIDS and other STDs, TB, abuse,
birth, and death
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HIPAA Health Insurance Portability and
Accountability Act
Put into place in 1996 It protects the privacy of the patient
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OSHA Occupational Safety and Health
Administration
It ensures safe and healthful working conditions for workers to prevent work related injuries, illness, and fatality