Legal And Ethics In Healthcare

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CIVIL LAW

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involves relations between individuals, corporations, government entities and other organizations

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criminal law

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addresses crimes that are wrongful acts against public health, safety and welfare

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Statutory (legislative) law

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is written law established by federal and state legislatures

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Jurisdiction

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a particular court has the right to hear and decide the controversy in a given case

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Prosecutor

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prosecuting attorney - has the burden of proving the charges against the defendant

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Tort

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an action brought when on party believes another caused harm through wrongful conduct and seeks compensation for that harm

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Negligence

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results when a person does not act the way a reasonably prudent person would act under the same circumstance

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Standard of care

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– what an individual is expected to do or not do in a given situation

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Negligent tort

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results when a person does not act the way a reasonably prudent person would act under the same circumstance

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Explain the difference between civil law and criminal law

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Civil Law – involves relations between individuals, corporations, government entities and other organizations. Criminal law – addresses crimes that are wrongful acts against public health, safety and welfare

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Malpractice

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Negligence or carelessness of a professional person, such as a nurse, pharmacist, a physician, or an accountant

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Criminal negligence

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Reckless disregard for the safety of another; the willful indifference to an injury that could follow an act (in this respect, it is possible that conduct could at once create civil and criminal liability)

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Intentional tort

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actions such as assault, battery , libel, slander, invasion of privacy and false imprisonment.

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Battery

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intentionally touching another person’s body in a socially impermissible manner without that person’s consent

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Defamation of character

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false communication about someone to a person other than the person defamed that tends to injure that person’s reputation

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Libel slander

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Libel is the written form of defamation
slander is the spoken form

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fraud

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a willful and intentional misrepresentation that could cause harm or loss to a person or property

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Invasion of privacy

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“the right to be left alone—the right to be free from unwarranted publicity and exposure to public view, as well as the right to live one’s life without having one’s name, picture, or private affairs made public against one’s will

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Statute of limitations

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A statutorily set time frame within which a lawsuit must be brought or the court must dismiss the case.

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Good Samaritan

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Statutes that protect physicians and other rescuers from liability for their acts or omissions in providing emergency care in a nontraditional setting such as at an automobile accident site when no charge for services is made

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Charitable immunity

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Charitable institutions such as charity hospitals often were protected from liability for torts occurring on its property or by its employees.

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Governmental immunity

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Precludes anyone from bringing a lawsuit against a governmental entity unless that entity consents to the lawsuit.

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Contributory negligence

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The plaintiff’s conduct contributed in part to the injury the plaintiff suffered and, if found to be sufficient, can preclude the plaintiff’s recovery for the injury.

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Comparative negligence

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The plaintiff’s conduct contributed in part to the injury the plaintiff suffered, but the plaintiff’s recovery is reduced by some amount based on his or her percentage of negligence.

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Assumption of risk

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The plaintiff who voluntarily places himself or herself at risk to a known or appreciated danger may not recover damages for injury resulting from the risk

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Apologies

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Several states have passed laws that permit a healthcare provider to apologize to a patient/patient’s family for an error without fearing the apology will be considered an admission of liability.

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defenses in products liability cases include

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Assumption of risk, Intervening cause, Contributory negligence, Comparative fault, Disclaimers