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Law and Health Care
Learning Plan 2
Objectives
1 Describe the difference between criminal laws and civil laws.
2. Give an example of how a civil law subcategory can impact healthcare.
3. List the steps involved in a legal analysis.
4. Identify who the parties are in a lawsuit.
5. List the steps involved in a civil lawsuit.
Objectives
6. Provide an example of what jurisdiction gives a court of law.
7. Explain what interrogatories and depositions are and how they are used.
8. Describe the different types of proof and when they are used.
9. Compare and contrast the different alternative dispute resolution methods.
Criminal Law
Punishment includes jail or prison. Felony: More than one year in jail Misdemeanor: Less than one year in jail
and/or a fine
Prosecutor brings criminal charges
Citizens press charges
Prosecutorial discretion
Civil Law
Settle conflicts between individuals.
Court involvement
Filing a lawsuit
Only allows for monetary fines
Compare Criminal & Civil Laws
A Civil Lawsuit
Rules of Civil Procedure
Lawsuit parties Plaintiff Defendant
Path of a Lawsuit
Wrong or injury occurs
Wrong or injury discovered
Lawsuit is filed
Parties are notified (service of process)
Pretrial conference
Trial
Burden of Proof
Applies to the person
Who is legally required to prove?
Failure to fulfill their burden, possible dismissal
Standard of Proof
Applies to the evidence
Civil lawsuits Balance of probabilities
Criminal cases Clear and convincing evidence Beyond a reasonable doubt
Discussion: Page 20 of text
Was there an intentional threat of another? Yes No
Was the threat of physical harm? Yes No
Discussion: Page 20 of text
Court Case
Collins v. Park
621 A.2d 996, 423 Pa. Super. 601 (1993)
Superior Court of Pennsylvania
Page 26 of text
What was the result, in your words?
Working in the Healthcare Profession
Learning Plan 2
Objectives
List the qualities needed to work in healthcare.
Explain what defensive medicine is and how it relates to the practice of medicine.
Objectives
Define the importance that professional organizations have on the healthcare profession.
Distinguish the difference between medical practice acts and medical boards.
Objectives
Describe what the EEOC is and what areas of employment it governs.
Define what the ADA is and how it protects employees.
List the two areas covered by OSHA that have a direct impact on working in healthcare.
Objectives
Give an example of why a person might file a workers’ compensation claim.
List some of the reasons an employee may utilize FMLA.
Qualities of a Healthcare Practitioner
Technical skills
People skills
Technical Skills
What skills depends on the profession
May include Administering medications Assessing patients and their conditions Identifying instruments Performing medical or surgical procedures Taking and/or reading diagnostic images
Technical Skills
Taught in the classroom
Use a combination of A&P and instruction
Example: How to care for an appendicitis patient
Figure 3–1 Showing empathy is an essential skill in
the healthcare profession.
People Skills
Emotional intelligence
Caring nature of people who want to help
Building the self-esteem of others
Showing empathy for others
Communicating effectively By asking productive questions Demonstrating effective listening skills Responding appropriately to emotion
The Practice of Medicine
Applies to all healthcare professionals
Medicine not an exact science
Fine-tune skills
Build a knowledge base
Figure 3–2 A surgical team
practices its surgical skill on a patient in the operating room.
Defensive Medicine
A part of all patient care
Focus is on the healthcare provider, not the patient
Protects against potential lawsuits
Professions and Professional
Professional Expertise Well-crafted technical and people skills
Applies when you first start working
Professional Organizations
Accreditation requirements
Many focus on education
Set standards for the profession
Standards of care
Codes of ethics
Standards of Care
All professions have at least one Detail minimal requirements Hold professionals accountable Generic, simple statements
National, state, local
Codes of Ethics
All professions have at least one
Describe type of conduct expected
Medical Practice Acts
Create a medical board
Write policies and procedures
Determine the scope of practice
Figure 3–3 Medical boards are made up
of professionals, elected officials, and
citizens.
Medical Board
Requirements for entering healthcare profession
Requirements for working as a healthcare professional
How healthcare is delivered
Policies and Procedures
Write laws regarding credentialing Certification Licensure
Revocation and suspension criteria
Licensure
Similar to a driver’s license
Required of some professions, but not all
Differ from state to state
Certification
Determined by granting institution
Input provided by professional organizations
Criteria differs from state to state
Registration
Special designation of licensure
Identifies who can perform specific technical skills
A list identifing individuals
Discussion: Court Case
O’Sullivan v. Mallon
Page 45 of textbook
Review case and summarize in your own words for discussion