Legal Aspects for the Health Care Consumer Civil and Criminal Law

Legal Responsibilities Laws are rules that must be followed and are 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.

Criminal Law Criminal law focuses on behavior known as crime, that deals with wrongs against a person, property, or society. Examples include: Practicing in a health profession without having the required license Illegal possession of drugs Misuse of narcotics Theft Sexual Assault Murder These offenses may result in the following punishments: Community service Fines Loss of license Probation Imprisonment Execution

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

Torts: Examples of torts: A tort is a case in which a person is harmed because of another person’s actions or failure to act. It is called a civil wrong rather than a crime. occurs when a person is harmed or injured because a health care provider fails to meet expected or established standard of care. These do not involve contracts. Examples of torts: Malpractice Negligence Assault and battery Invasion of Privacy False Imprisonment Abuse Defamation, Libel, Slander

Malpractice Malpractice – “Bad practice”. The failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession, resulting in injury, loss, or damage to the person receiving care. Example: Physician not giving a tetanus shot when a patient has a puncture wound. Or, a nurse performing a minor surgery Negligence is unintentionally harming a person by acting in an improper way. failure to give care normally expected of a person in a particular position, resulting in injury to another person. Example: Falls and injuries that occur when siderails are left down. Use of nonsterile instruments Using or not reporting defective equipment

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. Examples: Performing a procedure after a patient has refused to give permission Threatening a patient Improper handling or rough treatment of a patient while providing care

abuse care resulting in physical harm, pain, or mental anguish. Includes: Physical verbal psychological sexual https://www.cteonline.org/curriculum/lessonplan/legal-issues-in- healthcare/qt9AL5

False Imprisonment False imprisonment is restraining an individual or restricting an individual’s freedom..

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.

Invasion of Privacy invasion of privacy is unnecessarily exposing an individual or revealing personal information about an individual without that person’s consent.

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

Implied Contract An implied contract is an agreement that is understood without being stated in words or writing. Example – A health care provider prepares a medication and a patient takes the medication, it is implied the patient accepts this treatment.

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 is a surgery permit. A patient must sign the permit stating they understand the surgery and wish to have it performed.

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

Informed Consent voluntary permission by a person to have a procedure performed once the procedure and all related risks have been explained in terms, and language, a person can understand. 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

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.