Legal and Ethics Study Guide

Criminal Law

focuses on wrong against a person, property, or society

examples of criminal law

practicing w/o a license

murder

Civil Law

focuses on legal relationships between people and the protection of persons rights

examples of civil law

Torts

Wrongful acts that do not involve contracts

Example of torts

a person is harmed or injured because a healthcare provider does not meet the standard of health

Malpractice

The failure of a professional to use the degree of skill and learning expected (bad practice) 

examples of malpractice

doctor not giving a tetanus shot to a patient that has a puncture wound

negligence

failure to give care that is normally expected of a person in a particular position 

examples of negligence

not reporting defective equipment

assault

a threat or attempt to injure

battery

the unlawful touching of another person without consent

informed consent 

permission granted voluntarily by a person who is of sound mind 

invasion of privacy

unprofessionally exposing of an individual of revealing personal information w/o consent

False Imprisonment

restraining an individual or restricting someones freedom

abuse 

any care that results in physical harm, pain, or mental anguish 

types of abuse

physical, verbal, psychological, and sexual

defamation

false statements either cause a person to be ridiculed or damage their reputations 

types of defamation and definition of each

Libel- written 

Slander- spoken 

Medical Malpractice Insurance

what a healthcare worker needs to protect against lawsuits

contracts

agreements between two or more parties

Parts of a contract and what they are

Offer: person offer to be a patient to their healthcare provider

Acceptance: provider treats patient

Consider Action: patient pays service provider

implied contracts

obligations that are understood w/o verbally expressed terms 

expressed contracts

stated in distinct and clear language, either orally or in writing

Breached Contract

if a contact is not performed according to the agreement

legal disability

cannot legally form a contract

who cannot enter a contract

• minors

• mentally incompetent persons

• persons under the influence of drugs that alter mental state

• semiconscious or unconscious

agent

person working under supervision of an employer

principle

employer of agent- responsibility or liable for the actions of the agent and can be required to pay

privileged communication

all information given to healthcare personnel by a patient. It must be kept confidential or released with written consent

written consent

exemption from privileged communication rules 

• births and deaths 

• injuries caused by violence 

• drug abuse 

• communicable disease 

• STDs

HIPPA

Federal guidelines established by the Department

of Health and Human Services

1. Privacy Rule

2. Security Rule

Applies to health insurance companies, billing

companies, and health care providers

Failure to comply with HIPAA rules can result in

criminal or civil penalties

Patients Bill of Rights

The American Hospital Association has

identified factors of care that a patient

can expect to receive:

1. Considerate and respectful care

2. Obtain complete, current info concerning

diagnosis, treatment, and prognosis

3. Receive info necessary to give informed consent

4. Refuse treatment to the extent of the law

Ethics 

A set of principles relating

to what is morally right or

wrong

Basic Ethical Principles in Healthcare

Put the saving of life and promotion

of health above all else

2. Treat all patients equally

3. Maintain competence in your

professional skills

4. Confidentiality

Refrain from immoral, unethical, and

illegal practices

5. Loyalty to patients, co-workers, and

employers

6. Treat others the way you want to be

treated with dignity and respect