Legal and Ethical Issues In Health Oc - Chap 2

A civil wrong other than breach of contract

harm against a person, whereas a crime is a harm against the state

Almost all torts are crimes but most crimes are not torts

. if prison is the penalty = crime
. if money is the penalty = tort

Negligence
intentional torts
quasi-intentional torts
strict liability

Breach of established standards of care

Relationship to or ownership of the thing that caused harm

Consent

. assault
. battery
. false imprisonment
. intentional infliction of emotional distress
. trespass to land

" An intentional interference with an individual's person,
reputation, or property"

If a person is or should be substantially certain that given
circumstances will follow from his actions, then there exists requisite intent.

You shoot at person A but hit person B. Even though you had no intent to shoot B ...intent follows the bullet

Example of the healthcare worker giving the shot to the wrong patient

Placing someone in immediate fear or apprehension of a harmful or noxious touching without the patient's consent

usually assault precedes battery but they are two distinct torts.

Example of raising a hand as if to strike a patient

Harmful or offensive touching of another without his or her consent or without a legally justifiable reason

Without
. consent of patient
. or absent an emergency
any touching of a patient can be a battery

In no event should any healthcare provider proceed with any procedure without the unwavering conscent of the patient.

. Never perform procedures for the convenience of the staff.

. emergency situations - must be life threatening or pose a risk of significant physical injury

. as soon as possible competent consent should be obtained.

Arise from healthcare workers treating individuals with various religious beliefs

. always have patient's written consent
. only perform the procedure authorized
. in emergency situations have 2 physicians certify the emergency exists
. document the certification in the patient's records
. perform only those procedures necessary to save the patient's life or to prevent significant injury and harm
. as soon as possible obtain competent consent for the performance of additional procedures