Study Set Content:
in health care is based on negligence theory
Malpractice litigation
will provide the minimum legal standard for clinicians who use software during the delivery of care
negligence theory
Patients who are harmed by clinical practices based on imperfect software applications may sue the health care providers for
negligence or malpractice
protects providers from being held responsible for all individuals who suffer bad outcomes. It allows for adverse outcomes
Negligence theory
As long as the quality of care has met the (), the practitioner should not be found liable in a malpractice case
standards
applies only to harm caused by defective products and is not applicable to services
…strict product liability
he primary purpose of strict product liability is to (blank) the injured parties rather than to deter or punish negligent individuals
compensate
For strict product liability to apply, 3 conditions must be met:
1. The product must be purchased and used by an individual.
2. The purchaser must suffer physical harm as a result of a design or manufacturing defect in the product.
3. The product must be shown in court to be “unreasonably dangerous” in a manner that is the demonstrable cause of the purchaser’s injury
protection afforded to developers of software programs, biomedical knowledge bases, and World Wide Web pages remains an underdeveloped area of law
INTELLECTUAL PROPERTY
protects intellectual property from being copied verbatim, and patents protect specific methods of implementing or instantiating ideas
COPYRIGHT LAW
encompasses the duty to do no harm
NONMALEFICENCE
A moral rule, often referring to respect for the physicianpatient relationship, but also applicable to other professionalpatient relationships, as well. As expressed in Hippocratic traditions, this rule indicates that the physician’s primary duty is to the patient and tends to give the physician, rather than the patient, control in the relationship
RESPECTING THE PATIENT-PROFESSIONAL RELATIONSHIP
This principle is founded on a belief in the right of the individual to self-rule. It speaks to the individual’s right to decide on issues that primarily affect self
RESPECT FOR AUTONOMY
states that the client has a right to be informed and to freely choose a course of action
CONSENT
specifically addresses the individual client’s right to give or refuse consent relative to release of privileged information
CONFIDENTIALITY
relating to the right of the individual to control his or her own affairs without interference from or knowledge of outside parties
PRIVACY
expressed within dignity of life or sanctity of human life principles
RESPECT FOR PERSONS
This term addresses the obligation to truth telling or honesty
VERACITY
addresses the responsibility to be trustworthy and keep promises;
Fidelity
consideration of the other’s point of view.
duty of reciprocity
