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Legal Protection

Legal Protection. For Patients and Practitioners. Legal terms:. Criminal law - consequences include jail time Civil law/Tort law - consequences include fines. Read Patient Bill of Rights. `. Patient Protection.

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Legal Protection

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  1. Legal Protection For Patients and Practitioners

  2. Legal terms: • Criminal law- consequences include jail time • Civil law/Tort law- consequences include fines

  3. Read Patient Bill of Rights • `

  4. Patient Protection • Patient Bill of Rights: list of guarantees for those receiving medical care (law or non-binding declarations) • Generally cover: • Rights: Patient autonomy, Privacy, Fair treatment, Information, Choice of providers • Often includes patient obligationslike paying bills, and take measures to get well (exercise, follow treatment instructions, etc)

  5. Ombudsman- Support service career. Ensures patient rights are protected and that patients aren’t abused • Especially important for • Elderly, Live- in care • Homeless • Foster children • Mentally disabled

  6. Legal Representation • Durable Power of Attorney: POA, DOCUMENT, granting another person authority to make decisions for you • Used in elder care (health care & finances) • Guardianship- Court appointed guardians may make health decisions for mentally or physically incapacitated patients if the patient has no family to do so.

  7. Legal representation • Advanced Directives (AD)- a legal document in which patients give written instructions as to what health care decisions should be made if the patient is incapacitated. • Do Not Resuscitate (DNR)- document made by patient, PART OF an AD • If patient stops breathing or heart stops, NO CPR, no ACLS (advanced cardiac life support)

  8. Consent • Informed/Express consent-patient’s choice to accept or reject a procedure after receiving info on options & consequences (verbal or written) • Implied consent- when patient does not express their wishes directly, but it is assumed help is needed: • Unconscious patient without AD • Making an appointment, offering an arm when asked, etc. • Minors- consent must be given by parents, children under 15 may not legally make their own medical decisions • Teens are often consulted, but the decision is legally the parents’ • Emancipated minors- the courts can emancipate minors from parental rule. In this case, they can make decisions, but are also obligated for all fees $$

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