Download Legal & Healthcare Terms: Innocence Presumption, Worker Rights, Criminal vs. Civil Law and more Quizzes History of Law in PDF only on Docsity!
What does the presumption of innocence
mean?
This presumption requires that the law must treat any accused person as innocent until proven guilty. TERM 2
What are the rights conferred on health
carers by law?
DEFINITION 2 The right to question an employers instruction The right to receive compensation for all work related incidents Right to a fair hearing Right not to be discriminated against on grounds of race and sex TERM 3
What is the difference between criminal law
and civil law?
DEFINITION 3 Criminal laws are rules of behaviour backed by the sanction of punishment. Civil laws exist to enable the general public to solve differences or disputes of a personal or property nature that may arise between members of the community that they are unwilling or unable to settle themselves. TERM 4
Examples of Summary offences and Indictable
offences in the Magistrates Court?
DEFINITION 4 Summary offences include: Traffic offences, drunk and disorderly, drug offences, vagrancy, and some assaults. Indictable offences include: murder, theft or conspiracy. TERM 5
What is the MAIN responsibility of the
Coroner?
DEFINITION 5 The coroners responsibility is to determine the identity of the person deceased.
When investigating a death, what must the
Coroner find, if possible?
The identity of the deceased person The cause of death In certain cases, the circumstances in which the death occurred TERM 7
What are the functions of the Nursing and
Midwifery Board of Australia?
DEFINITION 7 Registering nursing and midwifery practitioners and students Developing standards, codes and guidelines for the nursing and midwifery profession Handling notifications, complaints, investigations and disciplinary hearings Assessing overseas trained practitioners who wish to practice in Australia Approving accreditation standards and accredited courses of study TERM 8
What is the difference between the following
schedules of medications?
DEFINITION 8 schedule 2: Poisons for the therapeutic use which are available to the public only from pharmacies or where pharmacy service are not available from people licensed to sell these poisons. schedule 3: Poisons for therapeutic use which are dangerous or liable to abuse. Their availability to the public is restricted to supply by pharmacist and medical practitioner, dentist and veterinary surgeons. TERM 9
What are some examples of notifiable
diseases from each of these groups?
DEFINITION 9 Group A: Anthrax, Botulism, Cholera.Group B: Q fever, Rubella, Ross river virus infection.Group C: Donovanosis, Gonococcal infection, Syphilis Congenital. Group D: AIDS, HIV. TERM 10
Whose responsibility is it to understand the
employers policies and procedures?
DEFINITION 10 The employer is held to be vicariously liable for the acts of the employee however the employee must know the employers protocols, policies and procedures. If they are unclear always clarify them and have them stated in writing. At law, is it acceptable to claim no knowledge of these documents?NO
Explain the difference between Assault and
Battery.
Assault is an act that creates and apprehension in another of an imminent, harmful or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the treat. Battery is a harmful or offensive touching of another. TERM 17
Explain the concept of duty of care to the
client.
DEFINITION 17 This principle is based on a person taking reasonable care to avoid acts or omissions, which would be likely to cause foreseeable harm to any person. TERM 18
'Breach of duty of care. What are the 4 things
a plaintiff would have to establish?
DEFINITION 18 In other words the plaintiff has to establish, on the balance of probabilities: 1. That a duty of care exists; 2. the standard of care expected as a part of that duty; 3. That the defendant failed to achieve the standard of care expected. if so then: 4. The defendant is in breach of that duty of care to the plaintiff. TERM 19
To prove that damage has been caused what
two issues need to be established?
DEFINITION 19
- That the plaintiff suffered damage. 2. That the damage being complained of is a consequence of the defendants negligent act. TERM 20
For the tort of negligence to be successful,
what 4 criteria need to be proved?
DEFINITION 20
- Duty of care was owed 2. The standard of care fell below the standard expected 3. Damage occurred as a result of that breach of duty of care 4. Damage was foreseeable and attributed to the breach of duty of care
What is the principle of Vicarious Liability
based upon?
It is based on the principle that you are responsible for the actions of those you engage to do your work for you. TERM 22
What 2 things need to be established to prove
Vicarious Liability?
DEFINITION 22
- Whether the person involved was an employee or agent at the time he or she caused the harm: and 2. Whether the harm was caused by actions carried out in the course of employment. TERM 23
What are the 4 elements of Open
Disclosure?
DEFINITION 23
- An apology or expression of regret 2. A factual explanation of what occurred, including actual and potential consequences 3. The steps being taken to manage the event and prevent its recurrence TERM 24
What is the purpose of Open
Disclosure?
DEFINITION 24 To promote a safer and better health care system TERM 25
Explain the difference between RESTRAINT
and FALSE IMPRISONMENT.
DEFINITION 25 Restraint includes any action, word or deed that is used for the purposes or intent of restricting the free movement or decision making abilities of another person. False imprisonment is defined as the unlawful, intentional and complete application of restraint upon a person which restricts his or her freedom to move from one place to another without their consent.
Can relatives request to see patients medical
histories? Why or why not?
No information should be given without the competent patients consent, unless there are compelling reasons. TERM 32
Who owns the medical records?
DEFINITION 32 Under common law, medical records are owned by the maker of the records, that is the government, department or institution, the private hospital or practice, or the individual sole practitioner. TERM 33
In the principles of legal documentation, what
must records demonstrate? (5 things)
DEFINITION 33 Legal documentation Computerized records Freedom of information legislation Privacy act Confidentiality TERM 34
What is the key reason for reporting
incidents?
DEFINITION 34 They identify practices and work environments which give rise to an unacceptable level of risk or harm to patients or health carers. They monitor the effectiveness of particular practices or equipment. They assist in satisfactorily dealing with an unusual occurrence by the provision of information to those who need to know about it. TERM 35
What is professional malpractice?
DEFINITION 35 It is generally considered a form of negligence. Malpractice occurs as a result of a health professionals active violation of a clients rights or failure to perform certain duties.
