1. Legal Aspects for the Health Care Consumer
Civil and Criminal Law

2. 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.

3. 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

4. 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

5. 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

6. 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

7. 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

8. abuse
care resulting in physical harm, pain, or mental anguish. Includes:
Physical
verbal
psychological
sexual
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9. False Imprisonment
False imprisonment is restraining an individual or restricting an individual’s freedom..

10. 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.

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

12. 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

13. 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.

14. 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.

15. 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

16. 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

18. 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.