Biomedical Ethics and Legal Principles

Legal Terminology Criminal law: wrongs against a person, property, or society; practicing health profession without having a license, misuse of narcotics, theft, and murder. Civil law: focuses on the legal relationships between people and protection of a person’s rights; much of civil law deals with torts and contracts.

Civil law: a legal relationship between individuals. Criminal law: legal obligations between an individual and society or state. Felony: a more serious crime than a misdemeanor in which the punishment is imprisonment. Misdemeanor: a less serious offense than a felony; may be punishable by a fine or sentencing to a local prison for less than one year. Tort: a civil wrongful act causing harm or injury due to the healthcare worker not performing the standard of care.

Tort: wrongful act that does not involve a contract -causing harm or injury due to the healthcare worker not performing the standard of care. Grab bag term meaning a wrong committed by one person against another. A wrongful act that results in physical injury, property damages, or damages to a person’s reputation for which the injured person is entitled to compensation.

Legal implications in health care Malpractice: harmful, incorrect, or negligent practice or treatment of a patient by a health care provider. Negligence: failure of a health care provider to perform his/her duties in a responsible manner that results in injury to a patient.

Illegal restraint: holding a person against his/her will by using a restrictive device or other means. Invasion of privacy: the giving out of information about an individual or patient without his/her consent.

Liable: to be legally responsible for failing to perform professional duties to meet the standards of care and/or causing harm or injury. Libel: a written statement that provides false information which can cause damage to a person’s reputation. Contract: an agreement between two or more parties

Conduct: the manner in which a person displays his/her behavior. Consent: the giving of one’s permission to another to perform a procedure or action. Breach of contract: the breaking of a promise, agreement, or contract in which parties have agreed upon.

Licensure: legal permission to perform an occupation given by governmental agencies. Privileged communication: a patient’s personal information given to a health care worker that must be kept confidential. Reasonable care: the legal obligation of a health care worker to provide competent care according to the expected standards of practice.

Slander: spoken misrepresentations that are proven false and can damage another’s reputation. Assault: the threatening or attempt to injure a person in an unlawful manner. Battery: the unlawful touching of another that results in injury. Litigation: the determining of a person’s legal rights either by a lawsuit or some form of legal action.

Legal documents in healthcare Advanced directive: a written document that specifies if extraordinary measures are to be taken to prolong life if the patient can no longer make his/her own decision.

Living will: a legal document prepared while a person is mentally competent that specifies what his/her wishes are regarding end-of life care. Durable power of attorney: a legal document that designates another person to make health care decisions in the event that the person is mentally or physically incapable of making their own.