1. Chapter 5.1 Legal Responsibilities
Objectives
Describe how contract laws affect health care
Describe privileged communications and explain how they might affect health care

2. Legal Responsibilities
Certain laws and legal responsibilities are found in every aspect of life
Formulated to protect you and society
For example, traffic laws
Health care workers must be aware of and follow all legal regulations
This protects you, employer, and patient

3. Legal Responsibilities
Authorized or based on law
A law is a rule that must be followed
Laws are created and enforced by local, state, and federal governments
Failure to meet your legal responsibilities can result in legal action against you

4. Two main types of laws affect health care workers
1. Criminal law- focuses on behaviors know as crime. Deals with wrongs against a person, property, or society
Examples: practicing without the required license, illegal possession of drugs, theft, sexual assault, murder
2. Civil law- focuses on the legal relationships between people and the protections of a person’s rights.
Examples are torts and contracts

5. Torts Tort- a wrongful act that does not involve a contract
Called a civil wrong instead of a crime
Occurs when a person is harmed or injured because a health care provider does not meet the established or expected standard of care
Examples of Torts

6. Malpractice
The failure of a professional to use the degree of skill and learning commonly expected in a particular profession
Results in injury, loss, or damage to the person receiving care
Example: Physician not administering a tetanus shot when a patient has a puncture wound

7. Negligence
Failure to give care that is normally expected of a person in a particular position, with resulting injury to another person
Examples: Falls and injury that occur when side rails are left down, using defective equipment, burns caused by improper radiation treatment

8. Assault and Battery Assault- can include a threat or attempt to injure
Battery- unlawful touching of another individual without consent
Examples: Performing a procedure after a person has refused to give permission, rough treatment of a patient

9. Verbal Consent
Must be Informed Consent- person grants consent is of sound mind and understands all the risk
Person has the right to withdraw consent at any time
Do not perform procedure without consent

10. Invasion of Privacy
Unnecessary exposure of an individual or revealing personal information about an individual without consent
Examples; improper draping or covering of a patient during a procedure that allows other patients or personnel to see the patient exposed
Sending information to an insurance company without the patients written permission

11. False Imprisonment
Restraining an individual or restricting an individuals freedom
Examples: keeping a patient hospitalized against their will, Application of physical restraints without proper authorization or justification
Physical restraints should only be used to protect patients from harming themselves or others when all other measures have failed
Physicians order must be obtained in writing before restraining a patient
AMA- against medical advice- patient is asked to sign form if leaving against the advice of the physician

12. Abuse Any care that results in physical harm, pain, or mental anguish
1. Physical-hitting, forcing people against their will, restraining movement, depriving food or water
2. Verbal- speaking harshly, swearing or shouting, racial slurs, writing threats or abusive statements
3. Psychological- threatening harm, belittling, intimidating, threatening to reveal information
4. Sexual- any unwanted sexual touching or act, using sexual gestures, or suggesting sexual behavior

13. Abuse
Domestic abuse occurs when an intimate partner uses threatening, manipulative, aggressive, or violent behavior to maintain power and control over another person
Child abuse
Elder abuse
Health care workers are required to report any signs of abuse to immediate supervisor and the proper authorities

14. Defamation
False statements that cause a person to be ridicules or cause damage to their reputation
Slander- information that is spoken
Libel – information that is written

15. Contracts Agreement between two or more parties
Three parts to a contract
1. Offer- competent individual enters into a relationship with a health care provider and offers to be a patient
2. Acceptance- health care provider gives an appointment or examines or treats patient
3. Consideration- payment made by patient

16. Implied contract
Cause implications that are understood without verbally expressed terms
Example; qualified health care worker prepares medication and patient takes medication, implied that patient accepts this treatment

17. Expressed contract
Stated in distinct and clear language either orally or written
Example; surgery consent

18. Legal Disability
All parties in a contract must be free of legal disability
Person with a legal disability does not have legal capacity to form a contract
Examples
Minors
Mentally incompetent
Under the influence of drugs or alcohol
Semiconscious or unconscious
Parent or guardian must form contract for these individuals

19. contracts Interpreter must be used for non English speaking patients
Agent- person who works under direction or control of another person
Employer is the principle and the employee is the agent
Principle is responsible for actions of the agent and can be required to compensate patients injured by the agent

20. Privileged Communications
All information given to a health care provider by a patient is privileged
By law must be kept confidential
Cannot be told to anyone without written consent of patient
Consent should state implicitly what information can be released and to whom, and any time limits

21. Exceptions Birth and Death records
Injuries caused by violence that may require police involvement
Drug abuse
Communicable diseases and sexually transmitted diseases

22. Health Care Records
Records containing information about the care that has been provided to the patient
Belongs to the health care provider, but the patient has a right to obtain a copy
Computers have created dilemmas on maintaining confidentiality because many people have access to patient records
Safeguards; limit personnel, passwords, codes

23. Privacy Act HIPPA Health Insurance Portability and Accountability Act
Established standards to protect health information
Must inform patients how their information will be used
Requires authorization to release information
Patient have a right to file a complaint against provider