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All about the Laws

All about the Laws. Kayla Anderson Raveena Patel. Malpractice. Failure of a professional to use the degree of skill in learning commonly expected in that individual’s profession. malpractice.

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All about the Laws

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  1. All about the Laws Kayla Anderson Raveena Patel

  2. Malpractice • Failure of a professional to use the degree of skill in learning commonly expected in that individual’s profession

  3. malpractice • For example: A midwife had a woman in a labor and saw the evidence of fetal distress on the monitor. She waited to call the doctor because she thought that she could handle the case, but this was beyond her scope of knowledge. Due to the actions of the midwife, the baby was born severely retarded.

  4. Breach • Failure to comply • For example: A patient goes to the doctor and signs a contract saying that they will pay for the treatment given to them by the doctor or nurse. The patient denies any treatment, and refuses to pay the service he has received.

  5. Tort • Wrongful acts that do NOT involve contracts • Civil=legal relationships • Confidentiality • Criminal=wrongs against person, property, and society • Misuse of narcotics, theft, murder • For Example: A pharmacists steals medicine from work, and he brings it home for himself.

  6. Negligence • Failure to give care that is normally expected • Forgetting to put side rails up • For example: amputating the right leg when they should be amputating the left leg. They end up having to amputate both of the legs.

  7. Liability • Being legally responsible (LIABLE) for your own actions • For example: The nurse anesthetist puts too much medicine into a patient even though the anesthesiologist gave her proper instructions. Because the nurse was under the anesthesiologist’s direction, they are BOTH liable

  8. Nonfeasance • Failure to act when one should • NOT acting • For Example: If a nurse sees a patient choking and he just walks by his patient and decides not to help his patient.

  9. Malfeasance • Performance of totally wrongful and unlawful act • BAD act • For example: A nurse purposely gives a patient a placebo instead of antibiotics for an infection, which causes more damage to the patient.

  10. Misfeasance • Performance of a lawful act in an illegal or improper manner • For example: In The Doctor, the physician was not suppose to get treated, but instead got an enema.

  11. Confidentiality • Who do you discuss it with? • An adult: only the patient • Minors: only the patient • Parents/guardians are needed to initiate care • Disabled: parents/guardians • All information can be shared with members of the health care team

  12. Confidentiality • What can NOT be shared with others? • Nothing can be shared without the written consent of the patient • What must be reported under legal obligation? • If the information is public knowledge, then that information may be shared • For example: AIDS and other STDs, TB, abuse, birth, and death

  13. HIPAA • Health Insurance Portability and Accountability Act • Put into place in 1996 • It protects the privacy of the patient

  14. OSHA • Occupational Safety and Health Administration • It ensures safe and healthful working conditions for workers to prevent work related injuries, illness, and fatality

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