Medical Legal Issues

Criminal Law Deals with wrong against society or its members. Deals with crime and punishment. Need proof of guilt.

Civil Law Deals with non-criminal issues and conflicts between two parties. Health care mainly deals in civil law.

Litigation The act or process of carrying on a lawsuit.

Law designed to protect persons who assist at the scene of a medical emergency. Good Samaritan Law

Health Care providers must report the following: Child/Elderly abuse. Injury sustained in commission of a felony. Child birth outside of licensed medical facility. Rape or suspected rape.

Health Care providers must report the following:  Gun shot wounds.  Animal bites.  Communicable diseases.  Death outside of hospital.

A branch of civil law concerning civil wrongs between two parties. “Wrongdoing” Types of torts include: Tort Law

The termination of a health care provider-patient relationship, without assurance that an equal or greater level of care will continue. Abandonment

An action that places a person in immediate fear of bodily harm. Assault

The unlawful touching of a person without his or her consent. Battery

Holding someone against his/her will without proper authorization. False Imprisonment

The act of injuring a person’s character, name or reputation by false or malicious writings. Libel

The act of injuring a person’s character, name or reputation by false or malicious spoken words. Slander

Standard of Care The care expected based on the provider’s training and experience, taking into account the conditions under which the care is rendered.

Standard of Care Local Custom Similar Training & Experience Protocols Other factors Location Hazards Crowds

Standard of Care “- - - how a reasonably prudent person with similar training & experience would act under similar circumstances, with similar equipment, and in the same place.”

Scope of Practice Scope of Practice outlines the care the healthcare provider may provide to the patient. What falls under your scope of practice?

Any deviation from the standard of care. Negligence

To prove negligence, you must have all of the following: Duty to act Breach of that duty Damages Proximate Cause

Permission for the health care provider to give care. Types include: Consent

Verbal, non-verbal, or written communication by a patient that he or she wishes to receive medical care. Expressed Consent

Consent obtained only after the patient has had the risks and benefits of treatment explained in a manner which the patient understands. Informed Consent

Assumption that the patient would desire care if he or she were able to make the decision. Implied Consent

Implied consent applies to mentally incompetent individuals, unconscious patients, minors. Implied Consent

The person is required by the courts to accept medical transport and/or treatment Mandated Consent

Records & Reports Complete & Accurate Legible & Neat An untidy or incomplete report is evidence of incomplete or inexpert care. Legal Document If it wasn’t written down, it didn’t happen!

Set of principles dealing with what is morally right or wrong. Ethics

Refusal of Care A competent adult has the right to refuse any or all medical treatment.

Patient makes known wants for his or her care in advance of the need for care. Types include: Advance Directives

A written request, usually to withhold heroic life support measures from a patient with a terminal condition. Living Will

Execution of a Living Will Must have two adult witnesses who are not: 1) related to patient by blood or marriage 2) entitled to any portion of your estate

Execution of a Living Will 3) your doctor or doctor of hospital 4) financially responsible for your medical care 5) have any claims against your estate

Appointment of another person to make decisions for the patient’s care if and when the patient is unable to make such decisions. Durable Power of Attorney

Do Not Resuscitate order. Indicates that the patient does not wish to have CPR or other life saving measures performed in the case of death. DNR

Organ Donors Emergency care for an organ donor must not differ in any way from the care for a person who is not an organ donor.

Three obvious signs of irreversible death Decapitation Rigor mortis Pooling