Legal Concepts Quiz

Legal Concepts

• Regulation is established through laws that dictate expected conduct, enforced by state and federal agencies.
• Statutes are laws enacted by legislative bodies at state, county, or federal levels.
• Standards are guidelines intended to guide decision-making and achieve specific outcomes within an organization.
• Policy is a statement of intent implemented as a protocol or procedure, aiming for uniformity and often based on experience.
• Procedures outline established methods to perform tasks or complete series of actions effectively.

Legal Terms

• Affidavit: A sworn voluntary statement of facts presented before an authorized individual.
• Complaint: The initial legal document filed by a plaintiff’s attorney asserting a claim against a defendant.
• Subpoena: A court order that compels an individual to appear and testify or produce specified documents.
• Deposition: A pretrial discovery process where parties respond to questions under oath, outside of court proceedings.
• Indictment: A formal accusation issued by a grand jury indicating that a defendant should stand trial.
• Precedent: A legal principle from previous court decisions that guides future case rulings.

Torts

• Definition: Civil wrongdoings which can be intentional (e.g., assault or defamation) or unintentional (e.g., negligence).

Types of Torts

• Intentional Torts:

  • Assault: Causing fear of offensive contact without consent.
  • Battery: Harmful or unwarranted physical contact without consent.
  • Defamation: Slander (oral) or libel (written) statements damaging one's reputation.
  • False Imprisonment: Unlawful detention of an individual without consent.
  • Intentional Infliction of Emotional Distress: Actions that cause emotional harm.
  • Invasion of Privacy: Unauthorized disclosure of private information or photography.

• Unintentional Torts:

  • Patient misidentification.
  • Performing incorrect medical procedures.
  • Retained foreign bodies post-surgery.
  • Patient burns or falls due to errors in positioning.
  • Improper handling or loss of patient specimens.
  • Incorrect drug administration.
  • Loss or damage to patient property.
  • Violations of hospital policy.
  • Patient abandonment.

Avoiding Torts

• Adhere strictly to the scope of practice within your profession.
• Follow established hospital policies and procedures vigilantly.
• Obtain informed consent from patients before interventions.
• Maintain a questioning attitude to ensure clarity and accuracy in practice.
• Focus on understanding safety protocols and integrate them into personal routines.

Documentation in Healthcare

• Documentation involves recording patient information in medical records, which can encompass multiple components from various healthcare providers.

Components of Medical Records:

• Patient identification and insurance coverage.
• Detailed history and physical examination (H&P).
• Diagnosis and diagnostic procedures (e.g., imaging studies).
• Medication records, intraoperative records, and preoperative records.
• Anesthesia records and discharge information.

Intraoperative Record Documentation

• Track staff present during surgery including entry and exit times.
• Document the patient’s condition before, during, and after the surgical procedure.