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 .
Deals with wrong against society or its members. Deals with crime and punishment.
Need proof of guilt.
Deals with non-criminal issues and conflicts between two parties. Health care mainly deals in civil law.
The act or process of carrying on a lawsuit.
Good Samaritan Law
Injury sustained in commission of a felony.
Child birth outside of licensed medical facility.
Rape or suspected rape.
Gun shot wounds.
Death outside of hospital.
The care expected based on the provider’s training and experience, taking into account the conditions under which the care is rendered.
Similar Training & Experience
“- - - 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 outlines the care the healthcare provider may provide to the patient.
What falls under your scope of practice?
Duty to act
Breach of that duty
Implied Consent were able to make the decision.
Implied consent applies to mentally incompetent individuals, unconscious patients, minors.
Mandated Consent were able to make the decision.
The person is required by the courts to accept medical transport and/or treatment
Complete & Accurate
Legible & Neat
An untidy or incomplete report is evidence of incomplete or inexpert care.
If it wasn’t written down, it didn’t happen!
Ethics were able to make the decision.
Set of principles dealing with what is morally right or wrong.
A competent adult has the right to refuse any or all medical treatment.
Must have two adult witnesses who are not:
1) related to patient by blood or marriage
2) entitled to any portion of your estate
3) your doctor or doctor of hospital
4) financially responsible for your medical care
5) have any claims against your estate
Durable Power of Attorney
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.
Emergency care for an organ donor must not differ in any way from the care for a person who is not an organ donor.