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Legal Responsibilities in Healthcare: Understanding Civil and Criminal Laws

Explore how civil and criminal laws impact healthcare, with a focus on torts, malpractice, consent, and privacy. Learn about legal responsibilities of healthcare professionals and how to mitigate risks. Audience participation using PowerPoint Meeting Minder for discussion and action items.

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Legal Responsibilities in Healthcare: Understanding Civil and Criminal Laws

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  1. This presentation will probably involve audience discussion, which will create action items. Use PowerPoint to keep track of these action items during your presentation • In Slide Show, click on the right mouse button • Select “Meeting Minder” • Select the “Action Items” tab • Type in action items as they come up • Click OK to dismiss this box • This will automatically create an Action Item slide at the end of your presentation with your points entered. LEGAL RESPONSIBILITIES Health Science Technology

  2. LEGAL RESPONSIBILITIES • CIVIL LAW • DEALING WITH LEGAL RELATIONSHIPS BETWEEN PEOPLE • CRIMINAL LAW • DEALING WITH WRONGS AGAINST A PERSON, PROPERTY, OR SOCIETY

  3. HEALTHCARE IS AFFECTED BY: • CIVIL LAW • CONTRACTS • TORTS • WRONGFUL ACT THAT DOES NOT INVOLVE A CONTRACT • CRIMINAL LAW • PRACTICING WITHOUT REQUIRED LICENSE • MISUSE OF NARCOTICS • THEFT • MURDER

  4. HEALTHCARE PROFESSIONALS • REQUIRED TO KNOW AND FOLLOW STATE LAWS THAT REGULATE THEIR LICENSE OR REGISTRATION AND SET STANDARDS FOR THEIR PROFESSION.

  5. TORTS • CIVAL WRONGS AS OPPOSED TO CRIMES • CAN LEAD TO LEGAL ACTIONS • OPEN TO LEGAL INTERPRETATIONS

  6. MALPRACTICE • “BAD PRACTICE” • PROVIDING IMPROPER OR UNPROFESSIONAL TREATMENT OR CARE THAT RESULTS IN INJURY TO A PERSON • CLOSELY RELATED TO NEGLEIGENCE • EXAMPLES • ADMINISTRATION OF MEDICATIONS BY HEALTH WORKER WITH NO TRAINING/KNOWLEDGE OF MEDICATIONS

  7. NEGLIGENCE • FAILURE TO GIVE CARE THAT IS NORMALLY EXPECTED OF A PERSON IN A PARTICULAR POSITION, WITH RESULTING INJURY TO ANOTHER PERSON • EXAMPLES • FALLS AND INJURIES THAT OCCUR WHEN SIDERAILS ARE LEFT DOWN • USING OR NOT REPORTING DEFECTIVE EQUIPMENT • INFECTIONS CAUSED BY USE ON NON-STERILE INSTRUMENTS AND/OR SUPPLIES • BURNS CAUSED BY IMPROPER HEAT OR RADIATION TREATMENTS

  8. CONSENT • WRITTEN • VERBAL • INFORMED

  9. INVASION OF PRIVACY • UNNECESSARY EXPOSURE OF AN INDIVIDUAL OR REVEALING PERSONAL INFORMATION ABOUT AN INDIVIDUAL WITHOUT CONSENT • EXAMPLES • IMPROPER DRAPING OR COVERING OF A PATIENT DURING A PROCEDURE THAT ALLOWS OTHER PATIENTS OR PERSONNEL TO SEE THE PATIENT EXPOSED • SENDING INFORMATION TO AN INSURANCE COMPANY WITHOUT THE PATIENT’S WRITTEN PERMISSION • TELLING NEWS MEDIA ABOUT INDIV

  10. ASSAULT & BATTERY • ASSAULT • CAN INCLUDE A THREAT OR ATTEMPT TO INJURY • BATTERY • UNLAWFUL TOUCHING OF ANOTHER PERSON WITHOUT CONSENT

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