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Criminal Law
Deals with wrong against society or its members.
Deals with crime and punishment.
Need proof of guilt.
Civil Law
Deals with non-criminal issues and conflicts between two parties. Health care mainly
deals in civil law.
Health Care providers must report the following:
Child/Elderly abuse.Injury sustained in commission of a felony.
Child birth outside of licensed medical facility.
Rape or suspected rape.
Health Care providers must report the following:
Gun shot wounds. Animal bites. Communicable diseases. Death outside of hospital.
A branch of civil law concerning civil wrongs between two parties. “Wrongdoing” Types of torts include:
Tort Law
The termination of a health care provider-patient relationship,
without assurance that an equal or greater level of care will
continue.
Abandonment
The act of injuring a person’s character, name or reputation by false or malicious spoken words.
Slander
Standard of Care
The care expected based on the provider’s training and
experience, taking into account the conditions under which the
care is rendered.
Standard of Care
Local CustomSimilar Training & ExperienceProtocolsOther factors
Location HazardsCrowds
Standard of Care
“- - - how a reasonably prudent person with similar training & experience would act under similar circumstances, with similar equipment, and in the same place.”
Scope of Practice
Scope of Practice outlines the care the healthcare provider may provide to the patient.
What falls under your scope of practice?
To prove negligence, you must have all of the following:
Duty to actBreach of that dutyDamagesProximate Cause
Verbal, non-verbal, or written communication by a patient that
he or she wishes to receive medical care.
Expressed Consent
Consent obtained only after the patient has had the risks and
benefits of treatment explained in a manner which the patient
understands.
Informed Consent
Assumption that the patient would desire care if he or she
were able to make the decision.
Implied Consent
Implied consent applies to mentally incompetent
individuals, unconscious patients, minors.
Implied Consent
Records & Reports
Complete & Accurate Legible & Neat
An untidy or incomplete report is evidence of incomplete or inexpert care.
Legal Document If it wasn’t written down, it didn’t happen!
Patient makes known wants for his or her care in advance of the
need for care.
Types include:
Advance Directives
A written request, usually to withhold heroic life support
measures from a patient with a terminal condition.
Living Will
Execution of a Living Will
Must have two adult witnesses who are not:
1) related to patient by blood or marriage
2) entitled to any portion of your estate
Execution of a Living Will
3) your doctor or doctor of hospital
4) financially responsible for your medical care
5) have any claims against your estate
Appointment of another person to make decisions for the patient’s care if and when the patient is
unable to make such decisions.
Durable Power of Attorney
Do Not Resuscitate order. Indicates that the patient does
not wish to have CPR or other life saving measures performed in
the case of death.
DNR
Organ Donors
Emergency care for an organ donor must not differ in any
way from the care for a person who is not an organ donor.