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Legal Protection

Learn about legal protection for patients and practitioners, including patient rights, advanced directives, consent, and legal representation. Understand the consequences under criminal and civil law, and the importance of Patient Bill of Rights. This guide covers topics like Ombudsman support, durable power of attorney, guardianship, and different types of consent. Discover how legal documents like Advanced Directives and Do Not Resuscitate play a role in healthcare decisions.

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Legal Protection

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  1. Legal Protection For Patients and Practitioners

  2. Legal terms: • Criminal law- consequences include jail time • Civil law/Tort law- consequences include fines

  3. Read Patient Bill of Rights • `

  4. Patient Protection • Patient Bill of Rights: list of guarantees for those receiving medical care (law or non-binding declarations) • Generally cover: • Rights: Patient autonomy, Privacy, Fair treatment, Information, Choice of providers • Often includes patient obligationslike paying bills, and take measures to get well (exercise, follow treatment instructions, etc)

  5. Ombudsman- Support service career. Ensures patient rights are protected and that patients aren’t abused • Especially important for • Elderly, Live- in care • Homeless • Foster children • Mentally disabled

  6. Legal Representation • Durable Power of Attorney: POA, DOCUMENT, granting another person authority to make decisions for you • Used in elder care (health care & finances) • Guardianship- Court appointed guardians may make health decisions for mentally or physically incapacitated patients if the patient has no family to do so.

  7. Legal representation • Advanced Directives (AD)- a legal document in which patients give written instructions as to what health care decisions should be made if the patient is incapacitated. • Do Not Resuscitate (DNR)- document made by patient, PART OF an AD • If patient stops breathing or heart stops, NO CPR, no ACLS (advanced cardiac life support)

  8. Consent • Informed/Express consent-patient’s choice to accept or reject a procedure after receiving info on options & consequences (verbal or written) • Implied consent- when patient does not express their wishes directly, but it is assumed help is needed: • Unconscious patient without AD • Making an appointment, offering an arm when asked, etc. • Minors- consent must be given by parents, children under 15 may not legally make their own medical decisions • Teens are often consulted, but the decision is legally the parents’ • Emancipated minors- the courts can emancipate minors from parental rule. In this case, they can make decisions, but are also obligated for all fees $$

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