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| A rule, set or rules, or principles enacted by a government/government agency that details how an individual or group must behave in a given circumstance |
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| Defines something hat must be done |
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| Prohibits something from being done |
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| The collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care,or between the providers and recipents of Heath care |
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| Highest law in the US, have little direct involvement in the area of malpractice |
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Aka Legislative law
Important source of health care law
Nurse practice acts |
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Protect a public interest
Rules and regulations established by appointed agencies
Many agencies have the power to make laws in the form of rules and regulations that affect health care law |
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Court decisions
Interprets the statutes and set precedents
Most malpractice laws are addressed here |
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Refers to an action or omission that results in harm to a person. Negligence, assault/battery, false imprisonment, abuse May be intentional or unintentional
Individual sues to compensate for a perceived loss |
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| Laws analyzed in the context of the situation under review |
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| Used to define work agreements, signed consent forms... |
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Individuals face charges filed by the state/federal attorney general for crimes committed against an individual/society
Examples: Medicare/caid reimbursement fraud, purposeful breaches of protected health information Innocent until proven guilty beyond a reasonable doubt May result in incarceration, probation and fines |
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individual sues for compensation
Proof must be based on a preponderance of the evidence. meaning judge/jury must believe that it was more likely than not the accused individual was responsible |
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Individual sued by state/federal government agency assigned the responsibility of implementing governmental programs (violation of NPA)
May result in suspension/revoked license |
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| let the decision stand Uses precedents as a guide for decision making |
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A thing or mattter settled by judgement
Applies only when a competent court has decided a legal dispute and when nor further appeals are possible |
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| The person who caused the injury |
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| Ommision to do something that a reasonable/prudent person would do |
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| failure of a person with professional training to act in a reasonable and prudent manner |
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| outlines the duties a defendant has to a plaintiff. ensures safe nursing |
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| First element of negligence |
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Duty to use due care (defined by standard of care)
The care that should be given under the circumstances |
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| Second element of negligence |
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Failure to meet standard of care (breech of duty)
not giving care that should be given under the circumstances |
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| Third element of negligence |
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Foreseeability of harm
The nurse must have reasonable access to information about whether the possibility of harm exists |
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| Fourth element of negligence |
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A direct relationship between failure to meet the standard of care (breech) and injury can be proved
Patient is harmed b/c proper care is not given |
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| Fifth element of liability |
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Injury
Actual harm results to the patient |
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| The nurse, physician and employing organization are all held liable |
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| A nonprofit hospital (charitable organization) cannot be sued by a person who has been injured as a result of a hospital employees negligence. Only the employee |
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The master is responsible for the acts of his servant.
The employer should be held legally liable for the conduct of the employees who’s actions they are in control over |
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| Legal wrongs committed against a person or property, independent of a contract, that render the person who commits them liable for damages in a civil action |
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| A direct invasion of someone’s legal rights |
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| Conduct that makes a person fearful and produces a reasonable apprehension of harm |
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| An intentional and wrongful physical contact with a person tha entails an injury or offensive touching |
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| the restraint of a person’s liberty of movement by another party who lacks the legal authority or justification to do so |
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| Communicating to a third party false information that injures a person’s reputation |
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| when defamation is written, printed, or broadcast |
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| Defamation that is spoken |
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| when a product is involved, negligence does not have to be proved |
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| suggest that health care providers are typically protected from potential liability if they volunteer their skills in emergency situations outside of the workplace as long as they do not exceed their scope of practice |
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Required health care organizations that received federal funding (MMI/care) to provide education for staff and patients on issues concerning treatment and end of life
Advance directives, DPOA |
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| HIPAA simplification plan |
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| Direceted at restricting the coding of health information and the digital exchange of health information |
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Ensures privacy without threatening access to health care
Providers must obtain written notice to acknowledge privacy
Other agencies must obtain signature when requesting information |
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| Social security act of 1965 |
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Trust fund created for MMI/Caid
Is a form of health insurance for those who do not have insurance through their employer or are unemployed.
Started payment based on DRG - diagnostic related groups |
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Hospitals have the duty to care for those requiring emergency services regardless of their ability to pay
Must stabilize pt before transfer |
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Broadened HIPAAs privacy rule and provided more enforcement of noncompliance
Individual with breeched information must be notified |
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| Pt protection and affordable care act of 2010 |
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Includes provisions to enable people with preexising conditions to more easily afford insurance
Elimination of copays for preventative care
Requires every American to have minimum health care insurance |
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