Adhere to legal requirements regarding reportable violations or incidents

Criminal and Civil Acts; Torts; Malpractice

Criminal Law

concerned with violations against society based on the criminal statues or codes. The remedies or punishments for violating state or federal criminal laws are monetary fines, imprisonment, and capital penalty (death)

Misdemeanors

these are lesser crimes punishable usually by monetary fines established by the state but may also include imprisonment of 1 year or less

Felonies

more serious crimes punishable by larger fines and/or imprisonment for more than 1 year, and in some states, death penality may be levied on a convicted felon for severe crimes, such as murder

A felon in health care can result in what?

revoking of license to practice in their profession

A professional may be prosecuted for a crime for what?

practicing without a license, falsifying information in obtaining a license, or failing to provide life suppourt for a patient

A health care provider failing to get informed consent from a patient may constitute a type of felony called battery which is what?

actual unconsented physical contact on another person

Civil Law

protect the private rights of a person or person’s property

Civil Laws include areas of what?

contracts, propert, labor, privacy issues, and family law

A violation of civil law may lead to civil lawsuit by the victim, which is ?

a case brought to the courts to hold a party responsible for a wrongdoing

A wrongdoing or violation of civil law is called a tort which is what?

an action that wrongly causes harm to an individual but is not a crime

Intentional Tort

deliberate act that violates the rights of another

Example of intentional tort

assault, battery, defamation of character, invasion of privacy, and administration of an injection without the consent of the patient

Negligence

common in healthcare, does not require a specific intent to harm someone and is not a deliberate action but is the result of an individual or party failing to act in a reasonable way where a duty was owed

Negligence four D’s : Duty of Care

one party has a legal obligation to act in a certain manner toward the other

Negligence four D’s : Dereliction of Duty

also called a breach, this is a failure to use reasonable care in fulfilling the duty

Negligence four D’s : Direct Cause

The failure in the duty leads to harm suffered by the injured person

Negligence four D’s : Damages

the harm or injury can be remedied by monetary compensation

Malpractice

an act of negligence and describes an improper or illegal professional activity or treatment, often used regarding in a health care professional causing an injury to a pt

Negligence can be a result of:

violation of pt confidentiality, errors in diagnosis, treatment, or postoperative care

What does malpractice require

Proof of breach of standard of care, and it must cause damage or harm

The critical question in medical malpractice cases

Would a similarly skilled health care professional have provided me with the same treatment under the same, or similar circumstances