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