Legal Responsibilities Laws and legal responsibilities are in every aspect of life.

Legal responsibilities Based on law Can include civil or criminal law – Civil – legal relationships between people and protection of a person’s rights – Criminal – wrongs against a person, property, or society

Legal responsibilities Health care is mainly affected by civil law Criminal law can apply: – Practicing without a license – Misuse of narcotics – Theft – Murder

Health care professionals Required to know and follow state laws that regulate their license or registration Required to set standards for their profession

Torts Civil wrongs as opposed to crimes Can lead to legal action Offenses may be complex and open to different legal interpretations

Torts Malpractice Negligence Assault and battery Invasion of privacy False imprisonment Abuse Defamation

Malpractice Also called bad practice The failure of a professional to use the degree of skill and learning commonly expected in a particular profession Results in injury, loss, or damage to the person receiving care

Negligence The 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 OR Using or not reporting defective equipment

Assault and battery Closely related and often used together Assault – a threat or attempt to injure Battery – unlawful touching of another person without consent Patients must give consent and have the right to refuse care

Consent (A&B) Some procedures require written consent from patient – Surgery – Certain diagnostic tests – Treatment of minors (<18 yrs) – Siderail releases

Consent (A&B) Verbal consent permitted in other cases Must be informed consent – permission granted voluntarily by person of sound mind after all risk explained and understood Person can withdraw consent at any time Explain all procedures to patient Do not perform procedure if patient does not give consent!

Invasion of privacy Unnecessary exposure of an individual or revealing personal information about an individual without consent Examples: – Improper draping or covering of patient during procedure – Sending information to insurance company without patient’s written permission

False imprisonment Restraining an individual or restricting an individual’s freedom Examples: – Keeping patient hospitalized against will – Application of physical restraints without proper authorization

Abuse Any care that results in physical harm, pain, or mental anguish Types – Physical = hitting – Verbal = speaking harshly – Psychological = threatening harm – Sexual = unwanted sexual touching or act

Abuse Other types – Domestic abuse = harm by intimate partner – Child abuse = harm directed toward child – Elder abuse = harm directed toward an older person

Abuse Be alert to signs and symptoms – Unexplained bruises, fractures, burns, or injuries – Signs of neglect such as poor personal hygiene – Irrational fears or a change in personality – Aggressive or withdrawn behavior – Verbal statements that indicate abuse or neglect

Abuse Presence of S&S indicates need for further investigation Health care workers required to report any signs of abuse to immediate supervisor Laws in all states require the reporting of any form of abuse to proper authorities

Defamation False statements cause a person to be ridiculed or cause damage to his/her reputation Incorrect information given out in error: – Slander – information is spoken – Libel – information is written

Contracts Agreement between two or more parties Three parts – Offer = competent individual enters into a relationship with health care provider and offers to be a patient – Acceptance = health care provider gives an appointment, examines, or treats a patient – Consideration = payment made by patient for services provided

Contracts Implied or expressed Legal disability Breach of contract Interpreter Agent

Contracts Implied – cause obligations that are understood without verbally expressed terms Expressed – Oral or written in distinct and clear language – Promises of care must be kept – All risks must be explained completely to patient

Contracts Legal disability – does not have the legal capacity to form a contract – Minors – Mentally incompetent persons – Individuals under the influence of drugs that alter mental state – Semiconscious or unconscious people * Parents, guardians, or others permitted by law must form contract for the individual!

Contract Breach of contract – when contract not performed according to agreement Interpreter – must be used when a contract is explained to a non-English-speaking individual; Also some states require for deaf or hearing impaired

Contract Agent – Someone who has the power or authority to act as the representative of another – Example: Employer is principal, employee is agent – Principal is responsible for the actions of the agent – Health care workers should be aware of their role as agents and work to protect the interests of the employer

Privileged communications All information given to health care personnel by a patient; by law, this information must be kept confidential and shared only with other members of the health care team Information can not be given to anyone else without written consent from the patient; should contain what, who, and when Certain information is exempt by law and must be reported

Health care records Considered privileged communication Contains information on the care of the patient Belong to health care provider, but patient can obtain a copy Legal record in court of law Not allowed to erase; error with single line so information still readable Must be properly maintained, kept confidential, and retained as required by law; when destroyed=burned