Legal Responsibilities in Health Care

Legal Responsibilities in Health Care

Objectives • Understand the legal standards that the healthcare worker must understand • Describe how contract Laws affect Healthcare • Analyze privileged communication. • State legal regulations that affect health care records

LAWS • IN EVERY ASPECT OF LIFE • Formulated to protect YOU & SOCIETY

A Rule that must be followed • Federal • State • Local • HC Professionals must know and follow the state laws that regulate their license/registration

LEGAL Responsibilities • Based on law, not what WE think is right. • 2 MAIN Categories CRIMINAL LAWS CIVIL LAWS .

Criminal Law Laws that Deal with wrongs against a person, property, or society Examples: • Misuse of Narcotics • Theft • Murder • Practicing w/o a license

Civil Law Laws that Deal with legal relationships between people & protection of personal rights • Contracts- Agreements which can be expressed or implied • Torts- occurs when a person is harmed because a HCW does not meet or provide the expected standard of care

TYPES OF TORTS • Malpractice • Negligence • Assault & Battery • Invasion of Privacy • False Imprisonment • Abuse • Defamation / Slander & Libel

Contract ……..is an agreement between 2 or more parties

OFFER Individual enters into a relationship with a health care provider and offers to be a patient

Acceptance Health care provider gives an appointment or examines/treats a patient

CONSIDERATION A payment is made by the patient for services provided

Implied Contracts: Understood without verbally Expressing the terms Examples: A patient takes the medication a nurse prepares for him (implied that the patient accepts this treatment)

Expressed Contracts: Stated in clear & concise language All risks must be explained Promises of care must be kept Examples: Surgery permit

INFORMED CONSENT • ALL RISKS AND COMPLICATIONS ARE EXPLAINED TO PATIENT • INFORMATION MUST BE IN TERMS THAT PATIENT CAN UNDERSTAND. • THIS MEANS LANGUAGE AND consideration of PHYSICAL AND/OR MENTAL DISABILITIES.

OTHER CONTRACT TERMS LEGAL DISABLITY BREACH OF CONTRACT AGENT PRINCIPAL

PRIVLEDGED COMMUNICATION ALL INFORMATION GIVEN TO A HEALTH CARE WORKER BY A PATIENT

BY LAW, IT MUST BE KEPT CONFIDENTIAL AND SHARED ON A “NEED TO KNOW” BASIS • CANNOT BE TOLD TO ANYONE ELSE WITHOUT WRITTEN CONSENT • HEALTH CARE RECORDS • EXEMPTIONS TO LAW

Information Exempt by Law • Births & Deaths • Injuries caused by violence that may require police involvement • Drug Abuse • Communicable Disease and Sexually transmitted

HIPAA • HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 1996 • STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ( PRIVACY RULE) 2003

Health Records • Contain information about care provided • Belong to the Health Care Provider, but pt has a right to obtain copies • Are a legal document, can be used as evidence in court • No erasures • Must be properly maintained, and kept for legal amount of time • Must be burned or shredded when destroyed

What about Computerized records??? Limit use- sign ons Password Protected Security Protected

Failure to give care that is normally expected by a healthcare professional, resulting in injury to another person is called iRespond Question Multiple Choice F A.) malpractice B.) negligence C.) abuse D.) defamation E.)

iRespond Question Multiple Choice F THREATS TO HARM OR INJURE A PT ARE CALLED A.) physical abuse B.) assault C.) slander D.) ethical violation E.)

iRespond Question Multiple Choice F If a Healthcare professional harms a patient because they did not perform to the expected standard of care they could be found guilty of A.) negligence B.) defamation C.) malpractice D.) assault and battery E.)

A SURGICAL PERMIT IS AN EXAMPLE OF iRespond Question Multiple Choice F A.) IMPLIED CONSENT B.) EXPRESSED CONSENT C.) INFORMED CONSENT D.) B&C E.)

THE 3 PARTS OF A CONTRACT ARE OFFER, ACCEPTANCE & CONSIDERATION iRespond Question Multiple Choice F A.) TRUE B.) FALSE C.) D.) E.)

A HEALTH RECORD IS THE PROPERTY OF THE HEALTHCARE PROVIDER iRespond Question Multiple Choice F A.) TRUE B.) FALSE C.) D.) E.)

ONLY MEDICAL INFORMATION TOLD TO A HCW IS REQUIRED BY LAW TO BE KEPT CONFIDENTIAL iRespond Question Multiple Choice F A.) TRUE B.) FALSE C.) D.) E.)

INFORMATION ABOUT SEXUALLY TRANSMITTED DISEASES CANNOT BE SHARED WITH ANYONE EXCEPT THE PATIENT iRespond Question Multiple Choice F A.) TRUE B.) FALSE C.) D.) E.)

Health care is mainly affected by Criminal Law iRespond Question Multiple Choice F A.) True B.) False C.) D.) E.)

Legal Responsibilities in Health Care