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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