Legal issues
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Legal Issues PowerPoint PPT Presentation


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Legal Issues. Contracts Legal Disability Advance Directives Privileged Communication. Contracts. Agreement between 2 people Requires certain standards of care be provided Requires provision of care by competent, qualified individuals 2 reasons for breach of contract

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Legal Issues

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Legal issues

Legal Issues

Contracts

Legal Disability

Advance Directives

Privileged Communication


Contracts

Contracts

  • Agreement between 2 people

  • Requires certain standards of care be provided

  • Requires provision of care by competent, qualified individuals

  • 2 reasons for breach of contract

    • Failure to provide care

    • Failure to pay for services


Types of contracts

Types of Contracts

  • Expressed

    • Stated in writing

    • Ex = Surgery permit ; Admission papers

  • Implied

    • Obligations are understood without a written form

    • Ex = Nurse giving meds to patient / Pt. takes meds.


  • Legal disability

    Legal Disability

    • Minors

    • Mentally Incompetent

    • Under the influence of drug / alcohol

    • Semi / unconscious

    • Parent / Guardian must sign any contract for these people


    Advance directives

    Advance Directives

    • Legal documents

    • Individuals state medical treatment in the event they cannot communicate their wishes

    • Courts always uphold advance directives

    • What if there is no advance directive?


    Types of advance directives

    Types ofAdvance Directives

    • Durable Power of Attorney

      • Permits a pt. to appoint a person to make all healthcare decisions

    • Living will

      • Express measures a person wants to prolong life


    Privileged communication

    Privileged Communication

    • All information a patient gives a healthcare worker

    • Must be confidential

    • Cannot be shared with anyone other than those involved with the pt.’s care


    Information the must be reported

    Information the MUST bereported

    • Births / Deaths

    • Infectious diseases

    • Injuries (assault, battery, abuse, rape)

    • Drug abuse


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