HEALTH CARE & LAW

HEALTH CARE & THE LAW The integrity of health care is dependent upon providing individualized, competent, and safe care to clients. When human errors occur it is important to take appropriate actions.

HEALTH CARE & THE LAW Two major divisions: Criminal law Civil law

CRIMINAL LAW Focuses on wrongs against a person, property or society Penalty involve jail or prison time and fines In Health Care these include: Drug Violations Theft Murder No Licensure or false license

CIVIL LAW Health care is mainly affected by civil law Focuses on legal relationships between people and the protection of a person’s rights Two main categories Contracts Torts

CIVIL LAW Contracts-An agreement between 2 or more parties. Implied Contracts-obligations that are understood without verbally expressed terms. Expressed Contracts-stated in distinct and clear language, either orally or in writing.

Civil Law: Torts-Wrongful acts that do not involve contracts. A tort occurs when a person is harmed or injured because the health care provider does not meet the established or expected standards of care. These can lead to legal action.

Types of Torts Malpractice: - the failure of a professional to use the degree of skill and learning commonly expected in that person’s profession. Results in injury, loss or damage to person being cared for.

Types of Torts Negligence: failure to give care that is normally expected of a person in that position, results in injury.

Types of Torts Assault: a threat or attempt to injure. Battery: unlawful touching of another person without consent.

Types of Torts Invasion of Privacy - unnecessarily exposing an individual or revealing personal info without consent

Types of Torts False Imprisonment- restraining an individual or restricting an individual’s freedom

Types of Torts Abuse- any care that results in physical harm, pain, or mental anguish. Includes; Physical, Verbal, Psychological, Sexual, Domestic, Child, Elder

Types of Torts Defamation – when false statements either cause a person to be ridiculed or damage the person’s reputation (even in error) Slander – when the defamation is spoken Libel – when the defamation is written

Types of Torts Confidentiality: information about the patient must remain private and can be shared only with other members of the patient’s health care team

Other Fraud- wrongful or criminal deception intended to result in financial or personal gain.

Types of Consent Implied Consent: consent which is implied either by the words or the behaviour of the patient or by the circumstances under which treatment is given. Expressed Consent: should be obtained when the treatment is likely to be more than mildly painful, when it carries appreciable risk, or when it will result in ablation of a bodily function.

HIPAA The Health Insurance Portability and Accountability Act (HIPAA) was enacted by the U.S. Congress in One of the provisions of this Act establishes regulations for the use and disclosure of Protected Health Information (PHI). PHI is any information about health status, provision of health care, or payment for health care that can be linked to an individual.

ADVANCE DIRECTIVE Living will: allows individual to state what measures should or should not be taken to prolong life when their conditions are terminal. Power of Attorney: permits a patient to appoint another person to make health care decisions for them if they are not able to do so.

The Bottom Line…. You have to know the laws and regulations that govern your profession (no matter what career you choose).