1. Legal Responsibilities in Health Care

2. Objectives
Understand the legal standards that the healthcare worker must understand
Describe how contract Laws affect Healthcare
Analyze privileged communication.
State legal regulations that affect health care records

3. LAWS
IN EVERY ASPECT OF LIFE
Formulated to protect YOU & SOCIETY

4. A Rule that must be followed
Federal
State
Local
HC Professionals must know and follow the state laws that regulate their license/registration

5. LEGAL Responsibilities
Based on law, not what WE think is right.
2 MAIN Categories
CRIMINAL LAWS
CIVIL LAWS .

6. Laws that Deal with wrongs against a person, property, or society
Criminal Law
Laws that Deal with wrongs against a
person, property, or society
Examples:
Misuse of Narcotics
Theft
Murder
Practicing w/o a license

7. Civil Law Laws that Deal with legal relationships
between people & protection of personal rights
Contracts- Agreements which can be expressed or implied
Torts- occurs when a person is harmed because a HCW does not meet or provide the expected standard of care

8. TYPES OF TORTS Malpractice Negligence Assault & Battery
Invasion of Privacy
False Imprisonment
Abuse
Defamation / Slander & Libel

9. Contract
……..is an agreement between 2 or more parties

10. OFFER
Individual enters into a relationship with a health care provider and offers to be a patient

11. Acceptance
Health care provider gives an appointment or examines/treats a patient

12. CONSIDERATION
A payment is made by the patient for services provided

13. Implied Contracts: Understood without verbally Expressing the terms
Examples:
A patient takes the medication a nurse
prepares for him
(implied that the patient accepts
this treatment)

14. Expressed Contracts: Stated in clear & concise language
All risks must be explained
Promises of care must be kept
Examples:
Surgery permit

15. INFORMED CONSENT ALL RISKS AND COMPLICATIONS ARE EXPLAINED TO PATIENT
INFORMATION MUST BE IN TERMS THAT PATIENT CAN UNDERSTAND.
THIS MEANS LANGUAGE AND consideration of PHYSICAL AND/OR MENTAL DISABILITIES.

16. OTHER CONTRACT TERMS
LEGAL DISABLITY
BREACH OF CONTRACT
AGENT
PRINCIPAL

17. PRIVLEDGED COMMUNICATION
ALL INFORMATION GIVEN TO A HEALTH CARE WORKER BY A PATIENT

18. CANNOT BE TOLD TO ANYONE ELSE WITHOUT WRITTEN CONSENT
BY LAW, IT MUST BE KEPT CONFIDENTIAL AND SHARED ON A “NEED TO KNOW” BASIS
CANNOT BE TOLD TO ANYONE ELSE WITHOUT WRITTEN CONSENT
HEALTH CARE RECORDS
EXEMPTIONS TO LAW
EXEMPT AND MUST BE REPORTED ARE DEATHS AND BIRTHS, INJURIES CAUSED BY VIOLENCE, DRUG ABUSE, COMMUNICABLE DISEASES, SEXUALLY TRANSMITTED DISEASES

19. Information Exempt by Law
Births & Deaths
Injuries caused by violence that may require police involvement
Drug Abuse
Communicable Disease and Sexually transmitted

20. HIPAA HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 1996
STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ( PRIVACY RULE) 2003

21. Health Records Contain information about care provided
Belong to the Health Care Provider, but pt has a right to obtain copies
Are a legal document, can be used as evidence in court
No erasures
Must be properly maintained, and kept for legal amount of time
Must be burned or shredded when destroyed

22. What about Computerized records???
Limit use- sign ons
Password Protected
Security Protected

23. Failure to give care that is normally expected by a healthcare professional, resulting in injury to another person is called
iRespond Question F
Multiple Choice
A.) malpractice
B.) negligence
C.) abuse
D.) defamation
E.)

24. THREATS TO HARM OR INJURE AF
Multiple Choice
iRespond Question
THREATS TO HARM OR INJURE A
PT ARE CALLED
A.) physical abuse
B.) assault
C.) slander
D.) ethical violation
E.)

25. F
Multiple Choice
iRespond Question
If a Healthcare professional harms a patient because they did not perform to the expected standard of care they could be found guilty of
A.) negligence
B.) defamation
C.) malpractice
D.) assault and battery
E.)

26. A SURGICAL PERMIT IS AN EXAMPLE OF
iRespond Question F
Multiple Choice
A.) IMPLIED CONSENT
B.) EXPRESSED CONSENT
C.) INFORMED CONSENT
D.) B&C
E.)

27. THE 3 PARTS OF A CONTRACT ARE OFFER, ACCEPTANCE & CONSIDERATION
iRespond Question F
Multiple Choice
A.) TRUE
B.) FALSE
C.)
D.)
E.)

28. A HEALTH RECORD IS THE PROPERTY OF THE HEALTHCARE PROVIDER
iRespond Question F
Multiple Choice
A.) TRUE
B.) FALSE
C.)
D.)
E.)

29. ONLY MEDICAL INFORMATION TOLD TO A HCW IS REQUIRED BY LAW TO BE KEPT CONFIDENTIAL
iRespond Question F
Multiple Choice
A.) TRUE
B.) FALSE
C.)
D.)
E.)

30. INFORMATION ABOUT SEXUALLY TRANSMITTED DISEASES CANNOT BE SHARED WITH ANYONE EXCEPT THE PATIENT
iRespond Question F
Multiple Choice
A.) TRUE
B.) FALSE
C.)
D.)
E.)

31. Health care is mainly affected by Criminal Law
iRespond Question F
Multiple Choice
A.) True
B.) False
C.)
D.)
E.)