What does matters of public concern mean?
Matters of Public Concern. Statements about matters of public concern are generally granted greater protection from liability for defamation. A common justification for affording statements on matters of public concern great protection from liability for defamation is that a well-informed society is a healthy society.
When to refuse medical treatment for financial reasons?
Refusing for Financial Reasons. You might also consider refusing treatment if you have been diagnosed with a medical problem that requires very expensive treatment. You may prefer not to spend so much money. Patients make this decision when they believe treatment is beyond their means.
Can a person refuse medical treatment for a non life threatening illness?
Most of these patients cannot refuse medical treatment, even if it is a non-life-threatening illness or injury. Altered mental status: Patients may not have the right to refuse treatment if they have an altered mental status due to alcohol and drugs, brain injury, or psychiatric illness.
Why don’t people seek medical care?
Many studies have examined barriers to health care utilization, with the majority conducted in the context of specific populations and diseases. Less research has focused on why people avoid seeking medical care, even when they suspect they should go. Objective
What is the determination of whether speech addresses a matter of public concern?
The determination of whether speech addresses a matter of public concern “must be determined by the content, form, and context of a given statement, as revealed by the whole record.”. It is a question of law not of fact, meaning that the determination is made by the judge and not the jury.
What did the Supreme Court do to protect the press from defamation?
In the early years of our country into the early part of the twentieth century, politicians at both the federal and state level passed numerous laws aimed at stopping individuals and the press from discussing the salacious details of the latest political scandal or criticizing a politician’s stance on a controversial piece of legislation. To combat these laws and their chilling effect on speech , the Supreme Court provided special protection from defamation liability for statements concerning matters of public concern.
What are the two considerations that courts take into account when determining whether and to what extent the Constitution constrains state
Courts take two considerations into account when determining whether and to what extent the Constitution constrains state defamation law: whether the plaintiff is a public or private figure and whether the speech at issue is a matter of public concern.
Why is the Supreme Court important?
The Supreme Court explained that the freedom to discuss matters of public concern is fundamental to a healthy democracy because it promotes an informed electorate ...
What is the first consideration in a speech in Illinois?
Under Illinois law, the first consideration—whether the plaintiff is a public or private figure —bears on the burden of proof for establishing liability while the second consideration—whether the speech is a matter of public concern—bears on the standard that must be satisfied in order to recover punitive damages.
What are the rights of a patient who refuses treatment?
In addition, there are some patients who do not have the legal ability to say no to treatment. Most of these patients cannot refuse medical treatment, even if it is a non-life-threatening illness or injury: 1 Altered mental status: Patients may not have the right to refuse treatment if they have an altered mental status due to alcohol and drugs, brain injury, or psychiatric illness. 6 2 Children: A parent or guardian cannot refuse life-sustaining treatment or deny medical care from a child. This includes those with religious beliefs that discourage certain medical treatments. Parents cannot invoke their right to religious freedom to refuse treatment for a child. 7 3 A threat to the community: A patient's refusal of medical treatment cannot pose a threat to the community. Communicable diseases, for instance, would require treatment or isolation to prevent the spread to the general public. A mentally ill patient who poses a physical threat to himself or others is another example.
What must a physician do before a course of treatment?
Before a physician can begin any course of treatment, the physician must make the patient aware of what he plans to do . For any course of treatment that is above routine medical procedures, the physician must disclose as much information as possible so you may make an informed decision about your care.
What is the best way for a patient to indicate the right to refuse treatment?
Advance Directives. The best way for a patient to indicate the right to refuse treatment is to have an advance directive, also known as a living will. Most patients who have had any treatments at a hospital have an advance directive or living will.
How can a patient's wishes be honored?
Another way for a patient's wishes to be honored is for the patient to have a medical power of attorney. This designates a person to make decisions on behalf of the patient in the event they are mentally incompetent or incapable of making the decision for themselves.
What is the mandate of PSDA?
The PSDA also mandated that nursing homes, home health agencies, and HMOs were required by federal law to provide patients with information regarding advance directives, including do not resuscitate (DNR) orders, living wills, physician’s orders for life-sustaining treatment (POLST), and other discussions and documents.
What is a threat to the community?
A threat to the community: A patient's refusal of medical treatment cannot pose a threat to the community. Communicable diseases, for instance, would require treatment or isolation to prevent the spread to the general public. A mentally ill patient who poses a physical threat to himself or others is another example.
What are the four goals of medical treatment?
There are four goals of medical treatment —preventive, curative, management, and palliative. 2 When you are asked to decide whether to be treated or to choose from among several treatment options, you are choosing what you consider to be the best outcome from among those choices. Unfortunately, sometimes the choices you have won't yield ...
What is medical treatment?
Medical treatment case definition. The definition of a medical treatment injury or medical treatment case is when a workplace injury, illness or disease resulted in a certain level of treatment given by a physician or other medical personnel under the standing orders of a physician. The most confusing grey area for companies looking ...
What are some examples of medical treatment cases and injuries?
Examples of medical treatment cases and injuries. Companies are required to report all workplace injuries which result in: Death or loss of consciousness. Days away from work or lost time injuries. Restriction to work activities or job transfers.
Why is it important to understand injuries?
Understanding and clarifying injuries properly is really important, because medical treatment cases and first aid injuries are 'filed' and counted in separate KPI categories which then feed into a companies safety scores.
Why do we drink fluids?
Drinking fluids to relieve heat stress. To further clarify injury types, OSHA also offers 5 criteria which reinforce and help to cement these differences: First aid is usually administered after the injury or illness occurs and at the location where the injury or illness occurred (e.g., the workplace).
What is first aid treatment?
First-aid treatments are usually simple and require little or no technology. First aid can be administered by people with little training (beyond first-aid training) and even by the injured or ill person. First aid is usually administered to keep the condition from worsening, while the injured or ill person is awaiting medical treatment.
What is informed consent?
Informed consent. To be valid, consent must be freely and voluntarily given by a patient with capacity who has been given all the information he or she needs to reach a decision. Patients should not be subjected to undue pressure or influence by medical staff or their family or friends.
What happens if you don't meet the four criteria?
If any one of the four criteria is not met, the patient will be considered to lack capacity. If you have any doubt about the patient's capacity you should not proceed but instead seek the advice of your consultant or the MDU. You should consider consenting the patient as a 'process' rather than a single act.
Can consent be given orally?
Consent may be given orally, or it may be implied - as when a patient rolls up their sleeve and offers their arm so you can take their blood pressure.