Legal Issues in Healthcare

Law

binding practice, rule, or code of conduct that guides appropriate actions and defensible decisions of an individual or a group

Liability

financially or legally responsible for something

Malpractice

source of liability in which a professional fails to act in a reasonable and prudent manner

Constitution

a document that spells out the principles by which a government runs and the fundamental laws that govern a society

Statutory Law (Statute)

law passed by the U.S. Congress or state legislatures

Administrative Law

laws that govern the activities of administrative agencies

Common Law (Judicial Law)

compilation of laws made by judges or courts

Federal Laws that Regulate Nursing

Bill of Rights; HIPAA; HITECH Act; EMTALA; PSDA

HIPAA (Health Insurance Portability and Accountability Act)

protects health insurance benefits for workers who lose or change jobs; protects coverage for persons with preexisting conditions; establishes standards to protect the privacy of personal health information

HITECH Act (Health Information Technology for Economic and Clinical Health Act)

requires healthcare agencies to notify patients of data breaches without unreasonable delay and no later than 60 days

EMTALA (Emergency Medical Treatment and Labor Act)

requires emergency medical treatment for patients seeking care in the ED regardless of ability to pay, legal status, or citizenship

PSDA (Patient Self-Determination Act)

recognizes the patient’s right to make decisions regarding their own healthcare

Advance Directives

communicate a client’s end-of-life care wishes if they become unable to do so

Living Wills

provide directions about life-prolonging treatments if a person becomes unable to make decisions

Durable Power of Attorney (POA)

identifies a surrogate decision maker to make healthcare decisions if the patient is unable

State Laws Regulating Nursing

mandatory reporting laws; Good Samaritan laws; malpractice statutes; Nursing Practice Acts

Mandatory Reporting Laws

require reporting of suspected or confirmed abuse, neglect, and communicable diseases

Good Samaritan Laws

protect citizens who provide emergent medical care

Nursing Practice Acts

regulate nursing practice including scope of practice, licensure, board authority, education standards, and disciplinary action

Other Guidelines Regulating Nursing

institutional policies and procedures; ANA Code of Ethics; Nurses’ Bill of Rights; Standards of Practice; Patient Care Partnership

ANA Code of Ethics

guidelines for ethical nursing practice

ANA Nurses’ Bill of Rights

ANA policy identifying seven workplace conditions necessary for sound professional nursing practice

ANA Standards of Practice

professional standards of care using the nursing process; professional performance standards; specialty practice guidelines

Patient Care Partnership (PCP)

outlines patient expectations, rights, and responsibilities during a hospital stay

Criminal Law

deals with wrongs or offenses against society

Crime

violation of a law as defined by a legislative body

Felony

crime punishable by more than one year in jail; may result in loss of voting rights, firearm possession, and professional licenses

Misdemeanor

usually punishable by less than one year in jail; may result in disciplinary action against a nursing license

Civil Law

involves disputes between individuals or entities

Contract Law

involves written or oral agreements in which parties exchange something of value

Tort Law

deals with civil wrongs that do not involve contracts

Quasi-Intentional Tort

actions that injure a person’s reputation, such as defamation

Intentional Tort

deliberate actions intended to harm another person

Assault

intent to cause harm or instill fear

Battery

harmful or offensive touching without consent

Assault and Battery

intent to cause fear combined with harmful or offensive contact

False Imprisonment

restraining a person without legal authority

Fraud

false representation of significant facts

Unintentional Torts

negligence and malpractice

Negligence

failure to meet the standard of care

Gross Negligence

extreme reckless disregard for the safety or life of another

Standard of Care

level of care a reasonably prudent person would provide under similar circumstances

Duty of Care

legal obligation to provide care