Legal

Responsibilities in Health Care

Understand the legal standards that the

healthcare worker must understand Describe how contract Laws affect Healthcare Analyze privileged communication. State legal regulations that affect health care

records

Objectives

IN EVERY ASPECT OF LIFE Formulated to protect YOU & SOCIETY

LAWS

A Rule that must be followed Federal State Local HC Professionals must know and follow the state

laws that regulate their license/registration

Based on law, not what WE think is right. 2 MAIN Categories

CRIMINAL LAWS

CIVIL LAWS.

LEGAL Responsibilities

Laws that Deal with wrongs against a

person, property, or societyExamples: Misuse of Narcotics Theft Murder Practicing w/o a license

Criminal Law

Laws that Deal with legal relationships

between people & protection of personal rights

Contracts- Agreements which can be expressed or implied

Torts- occurs when a person is harmed because a HCW does not meet or provide the expected standard of care

Civil Law

Malpractice Negligence Assault & Battery Invasion of Privacy False Imprisonment Abuse Defamation / Slander & Libel

TYPES OF TORTS

……..is an agreement

between 2 or more parties

Contract

Individual enters into a relationship with a health

care provider and offers to be a patient

OFFER

Health care provider gives an appointment or

examines/treats a patient

Acceptance

A payment is made by the patient for services

provided

CONSIDERATION

Implied Contracts:

Understood without verbally Expressing the terms

Examples:A patient takes the medication a nurse

prepares for him(implied that the patient accepts

this treatment)

Expressed Contracts:Stated in clear & concise language

All risks must be explainedPromises of care must be kept

Examples:Surgery permit

ALL RISKS AND COMPLICATIONS ARE

EXPLAINED TO PATIENT INFORMATION MUST BE IN TERMS THAT

PATIENT CAN UNDERSTAND. THIS MEANS LANGUAGE AND consideration of

PHYSICAL AND/OR MENTAL DISABILITIES.

INFORMED CONSENT

OTHER CONTRACT TERMS LEGAL DISABLITY

BREACH OF CONTRACT

AGENT

PRINCIPAL

ALL INFORMATION GIVEN TO A HEALTH CARE

WORKER BY A PATIENT

PRIVLEDGED COMMUNICATION

BY LAW, IT MUST BE KEPT

CONFIDENTIAL AND SHARED ON A “NEED TO KNOW” BASIS

CANNOT BE TOLD TO ANYONE ELSE WITHOUT WRITTEN CONSENT

HEALTH CARE RECORDS EXEMPTIONS TO LAW

Births & Deaths Injuries caused by violence that may require

police involvement Drug Abuse Communicable Disease and Sexually

transmitted

Information Exempt by Law

HEALTH INSURANCE PORTABILITY AND

ACCOUNTABILITY ACT 1996

STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ( PRIVACY RULE) 2003

HIPAA

Contain information about care provided Belong to the Health Care Provider, but pt has

a right to obtain copies Are a legal document, can be used as

evidence in court No erasures Must be properly maintained, and kept for

legal amount of time Must be burned or shredded when destroyed

Health Records

What about Computerized records???

Limit use- sign ons Password Protected Security Protected

Failure to give care that is normally expected by a healthcare professional, resulting in injury to

another person is calledA.) malpractice

B.) negligence

C.) abuse

D.) defamation

THREATS TO HARM OR INJURE A PT ARE CALLED

A.) physical abuse

B.) assault

C.) slander

D.) ethical violation

If a Healthcare professional harms a patient because they did not

perform to the expected standard of care they could be found guilty of

A.) negligence

B.) defamation

C.) malpractice

D.) assault and battery

A SURGICAL PERMIT IS AN EXAMPLE OF

A.) IMPLIED CONSENT

B.) EXPRESSED CONSENT

C.) INFORMED CONSENT

D.) B&C

THE 3 PARTS OF A CONTRACT ARE OFFER, ACCEPTANCE &

CONSIDERATIONA.) TRUE

B.) FALSE

A HEALTH RECORD IS THE PROPERTY OF THE

HEALTHCARE PROVIDERA.) TRUE

B.) FALSE

ONLY MEDICAL INFORMATION TOLD TO A HCW IS REQUIRED

BY LAW TO BE KEPT CONFIDENTIAL

A.) TRUE

B.) FALSE

INFORMATION ABOUT SEXUALLY TRANSMITTED DISEASES

CANNOT BE SHARED WITH ANYONE EXCEPT THE PATIENT

A.) TRUE

B.) FALSE

Health care is mainly affected by Criminal Law

A.) True

B.) False