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Legal Issues

Legal Issues. Contracts Legal Disability Advance Directives Privileged Communication. Contracts. Agreement between 2 people Requires certain standards of care be provided Requires provision of care by competent, qualified individuals 2 reasons for breach of contract

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Legal Issues

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  1. Legal Issues Contracts Legal Disability Advance Directives Privileged Communication

  2. Contracts • Agreement between 2 people • Requires certain standards of care be provided • Requires provision of care by competent, qualified individuals • 2 reasons for breach of contract • Failure to provide care • Failure to pay for services

  3. Types of Contracts • Expressed • Stated in writing • Ex = Surgery permit ; Admission papers • Implied • Obligations are understood without a written form • Ex = Nurse giving meds to patient / Pt. takes meds.

  4. Legal Disability • Minors • Mentally Incompetent • Under the influence of drug / alcohol • Semi / unconscious • Parent / Guardian must sign any contract for these people

  5. Advance Directives • Legal documents • Individuals state medical treatment in the event they cannot communicate their wishes • Courts always uphold advance directives • What if there is no advance directive?

  6. Types ofAdvance Directives • Durable Power of Attorney • Permits a pt. to appoint a person to make all healthcare decisions • Living will • Express measures a person wants to prolong life

  7. Privileged Communication • All information a patient gives a healthcare worker • Must be confidential • Cannot be shared with anyone other than those involved with the pt.’s care

  8. Information the MUST bereported • Births / Deaths • Infectious diseases • Injuries (assault, battery, abuse, rape) • Drug abuse

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