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Legal Practices in Medicine

Legal Practices in Medicine. Legal and Ethical Practices. Law – a rule that must be followed Laws are created and enforced by the federal, state, or local government. Public Law is Criminal Law!. Criminal Law - deals with offences against all citizens.

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Legal Practices in Medicine

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  1. Legal Practices in Medicine

  2. Legal and Ethical Practices Law – a rule that must be followed Laws are created and enforced by the federal, state, or local government

  3. Public Law is Criminal Law! Criminal Law - deals with offences against all citizens. Offender can go to prison or jail. Examples of Criminal Law • Practicing in a health care profession without a license. • Misuse of narcotics. • Theft. • Murder

  4. Felony (Serious criminal law) • Carries a penalty of imprisonment for more than one year and possibly the death penalty • Ex: Withholding rx for a terminally ill patient, and the patient dies prematurely

  5. Private Law is Civil Law!(This primarily affects health care) Civil Law - deals with legal relationships between people and the protection of a person’s rights Two Main Types of Civil Law: • Torts • Contracts

  6. Tort - from the French word “wrong.” It can be defined as a civil wrong committed against a person or property excluding breach of contract. Torts may be: 1) Intentional (Willful) 2) Unintentional (Accident) Torts

  7. Intentional Torts Assault - any willful attempt or threat to injure another person with the apparent ability to do so. Battery - unlawful touching of another person without consent.

  8. Informed Consent The patient / client understands the reason for treatment. They understand: 1. What will be done. 2. Who will do it. 3. How it will be done. 4. Expected outcomes. 5. Patient must also understand treatment alternatives and the consequences of not having treatment.

  9. [Dr. Williams is charged with assault and battery. What situation might have caused this charge?] • A patient’s bandage will not stay on • The patient leaves the hospital without being discharged • Dr. Williams operates on a patient without consent • Dr. Williams accidentally removes the wrong body part.

  10. [Dr. Williams is charged with assault and battery. What situation might have caused this charge?] • A patient’s bandage will not stay on • The patient leaves the hospital without being discharged • Dr. Williams operates on a patient without consent] • [Dr. Williams accidentally removes the wrong body part.]

  11. Intentional Torts Defamation of Character - damaging a person’s name and reputation by making public statements that are false and malicious There are 2 types: Libel - if the information released is written. Slander - if the information released is spoken.

  12. Intentional Torts False Imprisonment Restraining an individual or restricting an individual’s freedom. Could be holding someone in a facility against their will or physically restraining them. Sometimes treated as a crime.

  13. Intentional Torts Invasion of Privacy The giving out of information about an individual or patient without his/her consent.

  14. Two health care workers were overheard discussing a co-worker who was admitted to the hospital drunk and violent. What legal standard was violated by the two workers] • Libel • Malpractice C.Assault and battery D. Invasion of privacy

  15. Two health care workers were overheard discussing a co-worker who was admitted to the hospital drunk and violent. What legal standard was violated by the two workers] • Libel • Malpractice C.Assault and battery D. Invasion of privacy

  16. Kennedi charges a hospital with false imprisonment. What might have happened? • A doctor would not write an order for Mrs. Daniel to be discharged • A nurse applied physical restraints on Mrs. Daniel without justification • A nursing assistant put up the bedside rails while Mrs. Daniel was sleeping • A ward secretary sent Mrs. Daiel’s chart to her insurance company without her permission

  17. Kennedi charges a hospital with false imprisonment. What might have happened? • A doctor would not write an order for Mrs. Daniel to be discharged • A nurse applied physical restraints on Mrs. Daniel without justification • A nursing assistant put up the bedside rails while Mrs. Daniel was sleeping • A ward secretary sent Mrs. Daiel’s chart to her insurance company without her permission

  18. An RN who has been fired from a medical practice has been making negative, untrue statements about her boss. What could he/she be charged with? • Immorality • Defamation • Invasion of Privacy • Negligence

  19. An RN who has been fired from a medical practice has been making negative, untrue statements about her boss. What could he/she be charged with? • Immorality • Defamation • Invasion of Privacy • Negligence

  20. A health assistant wished to watch an operation on a patient, even though she is not directly involved in the patient’s care. Whose permission is needed? • No one • Doctor • Patient • Both the doctor and the patient

  21. A health assistant wished to watch an operation on a patient, even though she is not directly involved in the patient’s care. Whose permission is needed? • No one • Doctor • Patient • Both the doctor and the patient

  22. Intentional Torts Abuse Any care that results in physical harm, pain, or medical anguish. Abuse can be classified as: Physical - hitting, forcing persons against their will, restraining movements, depriving of food or H2O, or not providing physical care.

  23. Intentional Torts Abuse (continued) Verbal Abuse – talking harshly, swearing or shouting, teasing, ridiculing, intimidating a person.

  24. Intentional Torts Abuse (continued) Sexual Abuse – any unwanted sexual touching or act.

  25. Intentional Torts ** Laws in all states require reporting of any form of abuse to proper authorities. **

  26. Unintentional Torts Negligence - Person at fault failed to do what a reasonable and careful person would have done, or did what a reasonable and careful person would not have done. Also can be defined as failure to take reasonable precautions to protect others from the risk of harm.

  27. Unintentional Torts Malpractice - Interpreted as “bad practice” and includes providing improper or unprofessional treatment or care that results in injury to the patient.

  28. If a nursing assistant uses water that is too hot when bathing a patient and the patient is burned, what type of standard has been violated? • Legal • Cognitive • Ethical • Personal

  29. If a nursing assistant uses water that is too hot when bathing a patient and the patient is burned, what type of standard has been violated? • Legal • Cognitive • Ethical • Personal

  30. Which situation is malpractice if the patient is injured as a result of a health care workers actions? • A health care worker fails to wipe up some water that he/she spilled on the floor. • A health care worker forgets to put up the patient’s bedside rail. • A health care worker performs a special procedure on a patient that he/she is not instructed to perform. • A heating pad with a defective cord is used on a patient even though the health care worker knows it is defective.]

  31. Which situation is malpractice if the patient is injured as a result of a health care workers actions? • A health care worker fails to wipe up some water that he/she spilled on the floor. • A health care worker forgets to put up the patient’s bedside rail. • A health care worker performs a special procedure on a patient that he/she is not instructed to perform. • A heating pad with a defective cord is used on a patient even though the health care worker knows it is defective.]

  32. Health Care Records Contains information on the care that has been provided to the patient. • Medical records belongs to the health care provider but the patient has the right to obtain a copy. • The medical record is a legal document andmay be subpoenaed as evidence in court.

  33. Health Care Records Records must be kept until the statues of limitations has passed (2-7 years.) When records are destroyed, they should be shredded or burned.

  34. Jada is moving to Cleveland and needs to take her medical records. She is awae that patients’ medical record are the property of the • State • Patient and his or her family • Owners of the facility where they were created • Owners of the facility or practice type

  35. Jada is moving to Cleveland and needs to take her medical records. She is awae that patients’ medical record are the property of the • State • Patient and his or her family • Owners of the facility where they were created • Owners of the facility or practice type

  36. The End

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