1. The U.S. Legal System Module 1 NURS 300-301 Summer II 2016 1

2. 2 STUDENT OUTCOMES 1. Define law. 2. Identify specific sources of law. 3. Describe the differences among the U.S. executive, judiciary, and legislative branches. 4. Explain different types of law in the U.S. 5. Discuss a specific negligence case as it pertains to healthcare professionals.

3. WHAT IS THE LAW?  Collection of statutes, rules, and regulations  Govern people, relationships, behaviors, and interactions  Meant to provide order in negotiating conflicts  Resolves disputes without violence 3

4. WHAT IS THE LAW? (CONT.)  Medical ethics: judgment healthcare providers use  Helps determine what should or should not be done  Not all unethical acts are illegal  Medical law: responsibilities of healthcare provider and rights of the patient 4

5. SOURCES OF LAW  Three branches of government  Legislative  Executive  Judicial 5

6. SOURCES OF LAW (CONT.)  Legislative branch  House of Representatives and Senate  Develops statutory law  Medicare and Medicaid amendments to the Social Security Act of 1965 6

7. SOURCES OF LAW (CONT.)  Executive branch  President or Governor  Proposes legislative action  Vetoes or approves laws  Enforces laws  Agencies develop administrative law  Examples: OSHA, DPH 7

8. SOURCES OF LAW (CONT.)  Judicial system  Develops and interprets statutory law  Source of common law  Develops from decisions made in courts 8

9. CONSTITUTION AND BILL OF RIGHTS  Supreme law of the land  Established shared powers between federal and state governments  Each state has its own constitution  States have the power to regulate healthcare 9

10. CHECKS AND BALANCES  Each branch serves as check and balance for other branches  Legislature can override veto  Executive branch can propose legislative action or veto, appoint, or nominate individuals to certain courts  Courts interpret laws and can declare laws  Legislature can declare laws unconstitutional 10

11. COMMON LAW VS. CIVIL CODE  Common law  Develops from precedents: decisions previously made in courts  State courts make decisions regarding civil and criminal cases  Adopted by all states, except Louisiana  Civil code  Law is created by legislature  Written set of rules and regulations  Not case-by-case analysis and interpretation  Adopted by Louisiana 11

12. TYPES OF LAW  Civil wrong  Often called a tort  Causes harm to a person or person’s property  Criminal wrong  Violates criminal statutes 12

13. CRIMINAL LAW  Violations against society based on criminal statutes or code  Misdemeanors are lesser crimes  Felonies are serious crimes punishable by large fines and/or imprisonment  May be grounds for revoking a license in healthcare  Assault and battery 13

14. CIVIL LAW  Encompasses contract issues, intentional tort, negligence, malpractice, labor, and privacy  Most healthcare cases are for negligence or malpractice  Remedies are almost always monetary  Attempt to make the person “whole again” 14

15. TORTS  Private, civil, or constitutional wrong or injury  Negligence  Cornerstone of a malpractice case  Duty, dereliction of duty, direct cause, harm/damages  Malpractice  Requires proof of breach of standard of care  Breach must cause damage or harm 15

16. THE COURT SYSTEM  Trial courts  Appellate (appeals) courts  State supreme court  Most medical malpractice suits are tried to state courts 16

17. STATE TRIAL COURTS  Major trial court  Medical malpractice, elder abuse, negligence, and major crimes  Specific courts may be specialized  Court must have jurisdiction  In personam: court has jurisdiction over the person  In rem: court has jurisdiction over the property or thing itself 17

18. STATE TRIAL COURTS (CONT.)  Responsibility rests on the plaintiff to prove their case  Exception: res ipsa loquitur  Clear evidence of negligence  Plaintiff: person or entity who brings the suit  Defendant: person or entity who is sued and defending against allegations 18

19. STATE TRIAL COURTS (CONT.)  Pretrial discovery  Interrogatories  Requests for production of documents  Admissions of fact 19

20. COURTS OF APPEALS  Both state and federal appellate courts  Appeal may only raise an issue of law  Facts cannot be appealed  Appellate decision is binding if no further appeal is taken 20

21. STATE SUPREME COURTS  Top court of the state  Does not act on most cases  Parties have no recourse for further review  Writ of certiorari can be filed with U.S. Supreme Court  Court must choose to hear case 21

22. FEDERAL DISTRICT COURT SYSTEM  Cases concerning federal, Constitutional law are filed and tried in federal district court  94 judicial districts organized into 12 regional circuits  Each circuit has a U.S. Court of Appeals 22

23. THE U.S. SUPREME COURT  Justices choose cases  Appealing party files writ of certiorari  Cases must involve a question of substantial importance 23

24. THE U.S. SUPREME COURT (CONT.)  Justices choose cases  Appealing party files writ of certiorari  Cases must involve a question of substantial importance 24