Legal Issues

Litigation

Process of bringing and trying a lawsuit

Plaintiff

Person bringing a suit

Defendant

Person being accused of crime

Public Law

Regulates relationships between individuals and government

Private Law

(Civil Law) regulates relationships among people

Criminal Law

(Defines criminal actions (murder, theft, etc.)) Concerns state and federal criminal statutes

Tort

Action or omission that harms someone

Intentional Tort

Fraud, assault, battery, invasion of privacy

Unintentional Tort - Not intending to harm

Failure to act as a reasonably careful person would

Malpractice

Negligence or failure to provide reasonable care in professional or medical services, resulting in harm to individuals or groups

4 Ds of Malpractice Liability

(Dereliction of Duty Direct causing Damages) Duty of care, Dereliction, Direct causation, Damages

Duty of Care

Must show that nurse has relationship to care for patient

Dereliction

Must show that nurse failed to fulfill duty

Direct Causation

Must show that the breach of duty caused the damages

Damages

Patient must show that they suffered physical and/or mental harm

Patient Bill of Rights

Strengthen client confidence, Create strong provider/patient relationship, stress clients’ role in their own healthcare

Informed consent

Capacity to consent, nature of treatment, alternatives, risks, benefits, opportunities for questions

Expressed

Oral or written

Implied

Patient action

Advance directives

legal documents that allow individuals to choose their treatment plan ahead of time in the event that they should be unable to make decisions for themselves

Health Policy

Actions taken by government bodies and members of society to achieve health related goals

Federal regulatory agencies

Directly concerned with nation’s health (CDC, HHS, OSHA)

State regulatory agencies

License healthcare facilities, planning and construction of medical facilities, track health data

Local

City health department concerned with local issues