Medical legal issues
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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 .

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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.



Health care providers must report the following
Health Care providers must report the following: medical emergency.

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: medical emergency.

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



The unlawful touching of a person without his or her consent
The harm.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 reputation by false or malicious

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 reputation by false or malicious

Local Custom

Similar Training & Experience

Protocols

Other factors

Location

Hazards

Crowds


Standard of care2
Standard of Care reputation by false or malicious

“- - - 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 reputation by false or malicious

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. reputation by false or malicious

Negligence


To prove negligence you must have all of the following
To prove negligence, reputation by false or malicious 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. reputation by false or malicious 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 were able to make the decision.

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


Medical legal issues

Mandated Consent were able to make the decision.

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


Records reports
Records & Reports were able to make the decision.

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 were able to make the decision.

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


Refusal of care
Refusal of Care were able to make the decision.

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 were able to make the decision.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 measures from a patient with a terminal condition.

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 measures from a patient with a terminal condition.

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 measures from a patient with a terminal condition.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 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.


Three obvious signs of irreversible death
Three obvious signs of irreversible death not wish to have CPR or other life saving measures performed in the case of death.

Decapitation

Rigor mortis

Pooling