Medical legal issues
This presentation is the property of its rightful owner.
Sponsored Links
1 / 37

Medical Legal Issues PowerPoint PPT Presentation


  • 62 Views
  • Uploaded on
  • Presentation posted in: General

Medical Legal Issues. Criminal Law. Deals with wrong against society or its members. Deals with crime and punishment. Need proof of guilt. Civil Law. Deals with non-criminal issues and conflicts between two parties. Health care mainly deals in civil law. Litigation .

Download Presentation

Medical Legal Issues

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Medical legal issues

Medical Legal Issues


Criminal law

Criminal Law

Deals with wrong against society or its members. Deals with crime and punishment.

Need proof of guilt.


Civil law

Civil Law

Deals with non-criminal issues and conflicts between two parties. Health care mainly deals in civil law.


Litigation

Litigation

The act or process of carrying on a lawsuit.


Law designed to protect persons who assist at the scene of a medical emergency

Law designed to protect persons who assist at the scene of a medical emergency.

Good Samaritan Law


Health care providers must report the following

Health Care providers must report the following:

Child/Elderly abuse.

Injury sustained in commission of a felony.

Child birth outside of licensed medical facility.

Rape or suspected rape.


Health care providers must report the following1

Health Care providers must report the following:

Gun shot wounds.

Animal bites.

Communicable diseases.

Death outside of hospital.


A branch of civil law concerning civil wrongs between two parties wrongdoing types of torts include

A branch of civil law concerning civil wrongs between two parties. “Wrongdoing” Types of torts include:

Tort Law


Medical legal issues

The termination of a health care provider-patient relationship, without assurance that an equal or greater level of care will continue.

Abandonment


An action that places a person in immediate fear of bodily harm

An action that places a person in immediate fear of bodily harm.

Assault


The unlawful touching of a person without his or her consent

The unlawful touching of a person without his or her consent.

Battery


Holding someone against his her will without proper authorization

Holding someone against his/her will without proper authorization.

False Imprisonment


The act of injuring a person s character name or reputation by false or malicious writings

The act of injuring a person’s character, name or reputation by false or malicious writings.

Libel


The act of injuring a person s character name or reputation by false or malicious spoken words

The act of injuring a person’s character, name or reputation by false or malicious spoken words.

Slander


Standard of care

Standard of Care

The care expected based on the provider’s training and experience, taking into account the conditions under which the care is rendered.


Standard of care1

Standard of Care

Local Custom

Similar Training & Experience

Protocols

Other factors

Location

Hazards

Crowds


Standard of care2

Standard of Care

“- - - how a reasonably prudent person with similar training & experience would act under similar circumstances, with similar equipment, and in the same place.”


Scope of practice

Scope of Practice

Scope of Practice outlines the care the healthcare provider may provide to the patient.

What falls under your scope of practice?


Any deviation from the standard of care

Any deviation from the standard of care.

Negligence


To prove negligence you must have all of the following

To prove negligence, you must have all of the following:

Duty to act

Breach of that duty

Damages

Proximate Cause


Permission for the health care provider to give care types include

Permission for the health care provider to give care. Types include:

Consent


Medical legal issues

Verbal, non-verbal, or written communication by a patient that he or she wishes to receive medical care.

Expressed Consent


Medical legal issues

Consent obtained only after the patient has had the risks and benefits of treatment explained in a manner which the patient understands.

Informed Consent


Assumption that the patient would desire care if he or she were able to make the decision

Assumption that the patient would desire care if he or she were able to make the decision.

Implied Consent


Medical legal issues

Implied Consent

Implied consent applies to mentally incompetent individuals, unconscious patients, minors.


Medical legal issues

Mandated Consent

The person is required by the courts to accept medical transport and/or treatment


Records reports

Records & Reports

Complete & Accurate

Legible & Neat

An untidy or incomplete report is evidence of incomplete or inexpert care.

Legal Document

If it wasn’t written down, it didn’t happen!


Medical legal issues

Ethics

Set of principles dealing with what is morally right or wrong.


Refusal of care

Refusal of Care

A competent adult has the right to refuse any or all medical treatment.


Patient makes known wants for his or her care in advance of the need for care types include

Patient makes known wants for his or her care in advance of the need for care. Types include:

Advance Directives


Medical legal issues

A written request, usually to withhold heroic life support measures from a patient with a terminal condition.

Living Will


Execution of a living will

Execution of a Living Will

Must have two adult witnesses who are not:

1) related to patient by blood or marriage

2) entitled to any portion of your estate


Execution of a living will1

Execution of a Living Will

3) your doctor or doctor of hospital

4) financially responsible for your medical care

5) have any claims against your estate


Medical legal issues

Appointment of another person to make decisions for the patient’s care if and when the patient is unable to make such decisions.

Durable Power of Attorney


Medical legal issues

Do Not Resuscitate order. Indicates that the patient does not wish to have CPR or other life saving measures performed in the case of death.

DNR


Organ donors

Organ Donors

Emergency care for an organ donor must not differ in any way from the care for a person who is not an organ donor.


Three obvious signs of irreversible death

Three obvious signs of irreversible death

Decapitation

Rigor mortis

Pooling


  • Login