Civil and Criminal Law

Lesson 1 – Laws Laws are rules of conduct enacted and enforced by governments. Legal responsibilities are based on laws. All people have legal responsibilities, such as following traffic rules and paying taxes. Health care workers have specific legal responsibilities that help protect their patients, themselves, and their employers. Laws Laws are rules of conduct enacted and enforced by governments. Laws help protect people. Legal responsibilities are based on laws. All people have legal responsibilities, such as following traffic rules and paying taxes. Health care workers have specific legal responsibilities that help protect their patients, themselves, and their employers.

Lesson 1 – Criminal Laws Criminal law protects all citizens from people who pose a threat to society. Criminal law includes minor to serious offenses. These offenses may result in the following punishments: Community service Fines Loss of license Probation Imprisonment Execution Criminal Law One type of law that affects health care workers is criminal law. Criminal law protects all citizens from people who pose a threat to society. When a criminal law is broken, the government, or plaintiff, brings charges against the alleged offender, or defendant. Criminal law includes minor to serious offenses. These offenses may result in the following punishments: Community service Fines paid to the government Loss of license Probation Imprisonment Execution Examples of criminal offenses committed by health care workers may include falsifying medical records, insurance fraud, practicing without the required license, misuse of drugs, stealing of drugs, abuse, and murder.

Lesson 2 – Civil Law Civil law focuses on disputes between people. When a civil law is broken, the person who claims harm, or plaintiff, brings charges against the alleged offender, or defendant. Two types of civil laws are torts and contracts. Civil Law Another type of law that affects health care workers is civil law. Civil law focuses on disputes between people. When a civil law is broken, the person who claims harm, or plaintiff, brings charges against the alleged offender, or defendant. Civil offenses are punishable by money paid to the plaintiff. Two types of civil laws are torts and contracts.

Lesson 2 – Tort Examples of torts: A tort is a case in which a person is harmed because of another person’s actions or failure to act. Examples of torts: Assault and battery False imprisonment Defamation of character Invasion of privacy Malpractice Tort A tort is a case in which a person is harmed because of another person’s actions or failure to act. Specifically, a tort occurs if a health care worker does not meet the established standards of care. The following are types of torts: Assault and battery False imprisonment Defamation of character Invasion of privacy Malpractice

Lesson 2 – Assault and Battery Assault is intentionally threatening or attempting to harm a person. Battery is intentionally touching another person without the person’s permission, even if the contact does not cause harm. Assault and Battery Assault is intentionally threatening or attempting to harm a person. For example, assault may occur when a patient refuses to have a blood test but a medical assistant says he is going to draw the patient’s blood anyway. Battery is intentionally touching another person without the person’s permission, even if the contact does not cause harm. For example, battery may occur when a patient refuses to have a blood test but a medical assistant draws the patient’s blood anyway. Health care workers are able to restrain patients without their permission if the patients are threatening their own safety or the safety of others. In such cases, a physician must deem the restraint necessary.

Lesson 2 – False Imprisonment False imprisonment is intentionally violating a person’s freedom. False Imprisonment False imprisonment is intentionally violating a person’s freedom. For example, if a geriatric assistant inappropriately restrains a patient without the patient’s permission, the geriatric assistant may be guilty of false imprisonment. Or if a physician will not let a patient leave a hospital, the physician may be guilty of false imprisonment. Health care workers are able to restrain patients without their consent if the patients are threatening their own safety or the safety of others. In such cases, a physician must deem the restraint necessary.

Lesson 2 – Defamation of Character Defamation of character is intentionally damaging a person’s reputation by making false statements about the person. Libel is publishing false text or images. Slander is speaking false words. Defamation of Character Defamation of character is intentionally damaging a person’s reputation by making false statements about the person. Defamation can be either libel or slander. Libel is publishing false text or images. Slander is speaking false words. For example, if a licensed practical nurse reports that a wife is being abused by her husband when, in fact, she is not, the nurse may be guilty of defamation.

Lesson 2 – Invasion of Privacy Invasion of privacy is intentionally interfering with a person’s right to be left alone. Invasion of Privacy Invasion of privacy is intentionally interfering with a person’s right to be left alone. Examples of invasion of privacy committed by health care workers may include unnecessarily exposing a patient, using a patient’s name or picture without the patient’s permission, and breaching confidentiality of a patient’s medical information. For example, invasion of privacy may occur when a physician uses pictures of a patient before and after treatment in a pamphlet without the patient’s permission.

Lesson 2 – Malpractice and Scope of Practice Negligence is unintentionally harming a person by acting in an improper way Malpractice is professional negligence. Scope of practice is what health care workers should and should not do according to their profession. Malpractice and Scope of Practice Negligence is unintentionally harming a person by acting in an improper way. In other words, if people do not act in a way that a reasonable person in their situation would, they are guilty of negligence. Malpractice is professional negligence. It is the most common charge against health care workers. Malpractice occurs when health care workers unintentionally harm patients as a result of not following their profession’s scope of practice. Scope of practice is what health care workers should and should not do according to their profession. Each health care profession has a scope of practice. Each state has laws that define the scope of practice for each health care profession, but each state’s laws share general characteristics. NOTE: Specific examples of malpractice and scope of practice are available in Curriculum Viewer, Lesson 2.

Lesson 3 – Contract A contract is a voluntary agreement between two or more people. A contract has three parts: Offer Acceptance Consideration If a contract is not performed according to the agreement, the contract is breached. Two types of contracts are implied and expressed. Contract A contract is a voluntary agreement between two or more people. A contract has three parts: offer, acceptance, and consideration. For example, a physician offers services. Then, a person accepts the physician’s offer by being examined and treated by the physician. Finally, the patient pays the physician for the services. If a contract is not performed according to the agreement, the contract is breached. For example, a contract is breached if a health care provider does not provide the agreed-upon services or provides improper care. A contract is also breached if a patient does not pay for the services. Two types of contracts are implied and expressed.

Lesson 3 – Implied Contract An implied contract is an agreement that is understood without being stated in words or writing. Implied Contract An implied contract is an agreement that is understood without being stated in words or writing. An example of an implied contract is when a physician prescribes a medication and a patient takes the medication. In this case, it is implied that the patient agrees to the treatment.

Lesson 3 – Expressed Contract An expressed contract is an agreement that is specifically and clearly stated. The agreement may be made either in words or writing. Expressed Contract An expressed contract is an agreement that is specifically and clearly stated. The agreement may be made either in words or writing. An example of an expressed contract is when a physician recommends surgery and a patient signs a consent form giving her permission. In this case, the patient explicitly agrees to the treatment.

Lesson 3 – Legal Disability All people entering a contract must be free of legal disability. Legal disability includes: Minors under the age of 18 Incompetent people, such as those with mental disabilities or psychiatric illness or under the influence of alcohol or drugs Semiconscious or unconscious people Legal Disability All people entering into a contract must be free of legal disability. Legal disability includes these types of people: Minors under the age of 18 Incompetent people, such as those with mental disabilities or psychiatric illness or under the influence of alcohol or drugs Semiconscious or unconscious people

Lesson 3 – Assistance If a person entering into a contract is a non-English speaker, a translator must be used. If a person is illiterate or speech- or hearing-impaired, assistance should be used. Assistance If a person entering into a contract is a non-English speaker, a translator must be used. If a person is illiterate or speech- or hearing-impaired, assistance should be used.

Lesson 3 – Informed Consent Many health care procedures and tests require informed consent. Informed consent has two parts: A clear explanation of a procedure or test The permission given to perform the procedure or test by a competent and voluntary patient Informed Consent In terms of health care contracts, many procedures and tests require informed consent. Informed consent has two parts. The first part of informed consent is a clear explanation of a procedure or test. This also includes the procedure or test’s benefits, its risks, and the consequences of not performing the procedure or test as well as alternative options. The second part of informed consent is the permission given to perform the procedure or test by a competent and voluntary patient. Depending on the procedure or test, informed consent may be stated in words or writing. Patients have the right to withdraw consent at any time.

Lesson 3 – Exceptions to Informed Consent Emergency situations Minor procedures and simple tests with minimal risk States may differ in their exceptions to informed consent. Health care workers must comply with the laws in their state. Exceptions to Informed Consent One exception to informed consent is emergencies. In emergencies, when patients are not able to make decisions or communicate, consent can be implied. It is assumed that in critical situations patients would give consent if they were able. For example, it is implied that an unconscious heart attack victim would consent to angioplasty. Another exception to informed consent may be minor procedures and simple tests with minimal risks and consequences if not performed. Such procedures and tests may include general care, respiratory cultures, drawing blood, and x-rays. States may differ in their exceptions to informed consent. Health care workers must comply with the laws in their state.