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 error occurs 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 involves 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 and Torts

CIVIL LAW Contracts- Implied Contracts-those things that are understood without verbally expressing them. Expressed Contracts-Are stated in a clear language either verbally or written.

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.

DEFINITION OF TERMS Malpractice: The failure of a healthcare professional to use the skill and learning commonly expected, causing injury, loss or damage of patient.

DEFINITION OF TERMS Negligence: Failure to give care that is normally expected, resulting in injury.

DEFINITION OF TERMS Assault: A threat or attempt to injure. Battery: Touching a person without permission.

DEFINITION OF TERMS Invasion of Privacy: Exposing an individual or revealing information about them without their permission.

DEFINITION OF TERMS False Imprisonment: Restraining or restricting a patient’s freedom.

DEFINITION OF TERMS Abuse: Any care that result in physical harm, pain or mental anguish. 4 Types include: Physical, verbal, psychological and sexual abuse

DEFINITION OF TERMS Defamation: False statements that damage a person’s reputation –Slander: Spoken information –Libel: Written information

DEFINITION OF TERMS Confidentiality: information about the patient must remain private and can be shared only with other members of the patient’s health care team.

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).