Download LEGAL RESPONSIBILITIES

LEGAL
RESPONSIBILITIES
Health Occupations
HEALTH CARE
PROFESSIONALS
ARE required to know and follow
state laws that regulate their license
or registration and set standards for
their profession.
5/25/2017
CIVIL LAW
– Dealing with legal relationships
between people.
– Law suits in which compensation is
awarded to the victim.
– Filed by a private party
– Proof must be "Preponderance of
evidence." (More sure than not sure)
– Examples: Divorce, Property Disputes,
personal injury.
5/25/2017
CRIMINAL LAW
– Dealing with wrongs against a person,
property, or society
– Deals with crime and the legal
punishment of criminal offenses.
– Filed by government
– Proof must be “Beyond a reasonable
doubt”
– "Innocent until proven guilty”
– Examples: Forgery, Theft, Practicing
Medicine without a License.
5/25/2017
HEALTH CARE IS AFFECTED
BY:CIVAL LAW –
– Two main types:
• CONTRACTS
– Breaking contract
• TORTS
– WRONGFUL ACT THAT DOES NOT INVOLVE A
CONTRACT
CRIMINAL LAW – More Examples
– MISUSE OF NARCOTICS
– THEFT
– MURDER
5/25/2017
TORTS
CIVAL WRONGS (AS OPPOSED TO
CRIMES)
CAN LEAD TO LEGAL ACTIONS
OPEN TO LEGAL
INTERPRETATIONS
5/25/2017
MALPRACTICE
“BAD PRACTICE”
PROVIDING IMPROPER OR
UNPROFESSIONAL TREATMENT OR
CARE THAT RESULTS IN INJURY TO A
PERSON
CLOSELY RELATED TO
NEGLEIGENCE
5/25/2017
EXAMPLES
• Administration of medications by health
worker with no training/knowledge of
medications
5/25/2017
NEGLIGENCE
Failure to give care that is normally
expected of a person in a particular
position, with resulting injury to
another person
5/25/2017
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
5/25/2017
INVASION OF PRIVACY
Unnecessary exposure of an
individual or revealing personal
information about an individual
without consent
5/25/2017
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 individual
5/25/2017
ASSAULT & BATTERY
ASSAULT
– CAN INCLUDE A THREAT OR
ATTEMPT TO INJURY
BATTERY
– UNLAWFUL TOUCHING OF ANOTHER
PERSON WITHOUT CONSENT
5/25/2017
False Imprisonment
False imprisonment is a restraint of
a person in a bounded area without
justification or consent.
False imprisonment is a tort.
Examples:
– Restraining a person by drugs,
restraint or threat (This may also be a
criminal offence)
– Not allowing a patient to have a phone
or call button.
5/25/2017