Table of Contents

Lessons 1. Criminal Law Go Go 2. Civil Law and Torts Go Go 3. Civil Law and Contracts Go Go

Table of Contents  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.

Table of Contents  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

Table of Contents  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.

Table of Contents  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

Table of Contents  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.

Table of Contents  False imprisonment is intentionally violating a person’s freedom.

Table of Contents  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.

Table of Contents  Invasion of privacy is intentionally interfering with a person’s right to be left alone.

Table of Contents  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.

Table of Contents  Legal action can be the results of malpractice.  Legal action can be against any person or facility involved in the care of the patient.  Healthcare providers and facilities take certain steps to try and protect themselves against malpractice lawsuits.  Some complain malpractice lawsuits disproportionately add amount to the rise in health care cost. Others disagree.

Table of Contents  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.

Table of Contents  An implied contract is an agreement that is understood without being stated in words or writing.

Table of Contents  An expressed contract is an agreement that is specifically and clearly stated.  The agreement may be made either in words or writing.

Table of Contents  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

Table of Contents  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.

Table of Contents  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

Table of Contents  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.