Final answer:
In healthcare-related civil actions, besides lack of informed consent, a Violation of Standard of Care is a second potential ground for a lawsuit. It involves a healthcare provider failing to adhere to recognized medical practices. Other considerations include privacy laws, ethical principles, and the impact of flawed procedures or equipment.
Step-by-step explanation:
In the context of civil actions against healthcare providers for injuries resulting from health care, the first type is lack of informed consent, and the second type is A. Violation of standard of care. Informed consent involves providing patients with all the necessary information about their treatment, including the risks, benefits, and alternatives, to enable them to make an informed decision about their health care. Violation of standard of care occurs when a healthcare provider fails to meet the established standard of practice that is recognized by the medical community for treating a particular disease or condition, resulting in harm to the patient.
For example, consider a scenario where inmates in a correctional facility are offered good behavior credit in exchange for participation in a medical study. This may potentially violate informed consent as the offer of credit could unduly influence the inmates' ability to freely consent. In a research study on children's allergy medication, it's crucial that participants are granted full disclosure, especially in cases where not all participants receive the active medication. Misleading participants about their likelihood of receiving the new medication as opposed to a placebo or traditional treatment violates the principle of informed consent.
The Health Insurance Portability and Accountability Act (HIPAA) sets high standards for confidentiality, which healthcare providers must adhere to by maintaining strict confidentiality of patient records. Violations can include unauthorized disclosure of patient information, such as revealing a patient’s diagnosis to others without their consent.
Concerning liability, healthcare providers can be held accountable if patient harm results from either flawed procedures or defective medical equipment. However, ethical considerations like the principles of autonomy and nonmaleficence also play a significant role in determining the framework of legal and medical responsibilities.