Legal Terminology Biomedical Technology Curriculum/ 2004

Legal implications in health care  Malpractice: harmful, incorrect, or negligent practice or treatment of a patient by a health care provider.  Negligence: failure of a health care provider to perform his/her duties in a responsible manner that results in injury to a patient.

 Illegal restraint: holding a person against his/her will by using a restrictive device or other means.  Invasion of privacy: the giving out of information about an individual or patient without his/her consent.

 Liable: to be legally responsible for failing to perform professional duties to meet the standards of care and/or causing harm or injury.  Libel: a written statement that provides false information which can cause damage to a person’s reputation.  Contract: an agreement between two or more parties

 Conduct: the manner in which a person displays his/her behavior.  Consent: the giving of one’s permission to another to perform a procedure or action.  Breach of contract: the breaking of a promise, agreement, or contract in which parties have agreed upon.

 Licensure: legal permission to perform an occupation given by governmental agencies.  Privileged communication: a patient’s personal information given to a health care worker that must be kept confidential.  Reasonable care: the legal obligation of a health care worker to provide competent care according to the expected standards of practice.

 Slander: spoken misrepresentations that are proven false and can damage another’s reputation.  Assault: the threatening or attempt to injure a person in an unlawful manner.  Battery: the unlawful touching of another that results in injury.  Litigation: the determining of a person’s legal rights either by a lawsuit or some form of legal action.

 Civil law: a legal relationship between individuals.  Criminal law: legal obligations between an individual and society or state.  Felony: a more serious crime than a misdemeanor in which the punishment is imprisonment.  Misdemeanor: a less serious offense than a felony; may be punishable by a fine or sentencing to a local prison for less than one year.  Tort: a civil wrongful act causing harm or injury due to the healthcare worker not performing the standard of care.

Legal documents in healthcare  Advanced directive: a written document that specifies if extraordinary measures are to be taken to prolong life if the patient can no longer make his/her own decision.

 Living will: a legal document prepared while a person is mentally competent that specifies what his/her wishes are regarding end-of life care.  Durable power of attorney: a legal document that designates another person to make health care decisions in the event that the person is mentally or physically incapable of making their own.