1. 6.01 Analyze the legal responsibilities that apply to Torts.
Ethics/Legal
6.01 Analyze the legal responsibilities that apply to Torts.

2. DEFINITIONS 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.

3. DEFINITIONS
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.

4. Malpractice Bad practice (Professional Negligence)
Failure of qualified individual giving the appropriate degree of care
Causes injury, loss or damage to client
Examples:
Doctor failing to give Td to client who
has puncture wound.
Nurse performs minor surgery not trained for.

5. Negligence
Failure to give care that is normally expected of a person in a particular position
Results in injury to another person
Examples include falls and injuries that occur when siderails are left down.

6. Assault and battery Assault is a threat or attempt to injure
Battery is the unlawful touching of another person without consent

7. Informed Consent
Permission granted for medical care by a competent person.
Client must understand what is going to happen and be aware of all risks involved.

8. Invasion of privacy Unnecessarily exposing a client.
Revealing information about client without their permission.

9. False imprisonment Restraining a person against their will. Examples:
Tying client down to the bed
locking them in a room.

10. Abuse Care that results in physical harm, pain or mental anguish.
4 types
Physical – hitting, deprivation of food/hydro
Verbal – threats or abusive statements
Psychological – belittling, intimidating, threatening harm, denying rights
Sexual – unwanted sexual gestures, behavior, touching or acts

11. Defamation False statements that cause damage to a person’s reputation
2 types
Slander – spoken information that causes harm.
Libel – written information that causes harm.

12. Slander
Principal announces over speaker that all students at PSHS have been diagnosed with a terminal respiratory disease.
(Principal has no proof)

13. Libel
Local Newspaper writes that PSHS has the highest population of teens with STDs.
(Newspaper got tip from someone, they have no proof)

14. DEFINITIONS
Liable: to be legally responsible for failing to perform professional duties to meet the standards of care and/or causing harm or injury.
Contract: an agreement between two or more parties
Conduct: the manner in which a person displays his/her behavior.

15. DEFINITIONS
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.
Litigation: the determining of a person’s legal rights either by a lawsuit or some form of legal action.

16. DEFINITIONS
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.

17. 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.

18. Legal documents in healthcare
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.

19. Learning is the key.
Don’t strive to memorize for the moment (short-term).
Strive to store the information in your long term memory – this is true learning.
Ethical/legal issues will be a part of your life.
Be prepared.