HC 260 Week 7 Final Exam study guide

Ome courts however regard the doctrine of res ipsa

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ome courts, however, regard the doctrine of res ipsa loquitur as symbolizing the principle of evidence which excepts certain situations from this general rule. Courts which deny that this amounts to an exception, regard a res ipsa case as merely describing a situation where the fact and nature of the injury itself "speaks," that is, affords proof of negligence, so as to relieve the plaintiff of the initial obligation to show negligence, or rather, perhaps, to discharge that obligation on his part. strict liability has had a major impact on litigation An injured party must prove that the item was defective, that the defect proximately caused the injury, and that the defect rendered the product unreasonably dangerous. A plaintiff may recover damages even if the seller has exercised all possible care in the preparation and sale of the product. 10. Why is confidentiality of patient records so important and how should those  records be maintained? Maintaining privacy means taking appropriate measures to prevent any unauthorized third party from discovering a person's health information. Protecting patients' privacy in this way is a matter of professional ethics , but it is also commonly a matter of law. There are several reasons why medical records confidentiality is so important. A main reason is because this type of protection benefits both patients and medical professionals. If a patient fears that the information he discloses to a health care professional will be shared with others, he may keep secrets. To his detriment, he may not receive proper treatment. This situation can also present disadvantages to the physician because the absence of information that could lead to an easy and accurate diagnosis will require her to work harder. Another reason medical records confidentiality is so important is because in many societies a person is entitled to privacy. The consequences of disclosing health information are often greater than the embarrassment of the patient. A medical professional who does so may be ordered to pay damages and the facility where she is employed may be ordered to pay damages. It is very likely that her employment will be terminated as well as her professional license suspended. It should be noted, however, that there are some situations where the protection offered by medical records confidentiality do not apply, such as when there is a court order. The duty of confidentiality goes beyond undertaking not to divulge confidential information; it includes a responsibility to make sure that written patient information is kept securely. Confidential records should not be left where other people may have casual access to them and information about patients should be sent under private and confidential cover, with appropriate measures to ensure that it does not go astray.
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11. Analyze the issues involved with informed consent, is capacity important? If  so how is it clinically assessed?
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