kayla anderson raveena patel. failure of a professional to use the degree of skill in learning...

ALL ABOUT THE LAWS

Kayla Anderson

Raveena Patel

MALPRACTICE

Failure of a professional to use the

degree of skill in learning commonly

expected in that individual’s profession

MALPRACTICE For example: A midwife had a woman in

a labor and saw the evidence of fetal distress on the monitor. She waited to call the doctor because she thought that she could handle the case, but this was beyond her scope of knowledge. Due to the actions of the midwife, the baby was born severely retarded.

BREACH Failure to comply

For example: A patient goes to the doctor and signs a contract saying that they will pay for the treatment given to them by the doctor or nurse. The patient denies any treatment, and refuses to pay the service he has received.

TORT Wrongful acts that do NOT involve

contractsCivil=legal relationships

ConfidentialityCriminal=wrongs against person, property,

and society Misuse of narcotics, theft, murder

For Example: A pharmacists steals medicine from work, and he brings it home for himself.

NEGLIGENCE Failure to give care that is normally

expectedForgetting to put side rails up

For example: amputating the right leg when they should be amputating the left leg. They end up having to amputate both of the legs.

LIABILITY Being legally responsible (LIABLE) for

your own actions

For example: The nurse anesthetist puts too much medicine into a patient even though the anesthesiologist gave her proper instructions. Because the nurse was under the anesthesiologist’s direction, they are BOTH liable

NONFEASANCE Failure to act when one should NOT acting

For Example: If a nurse sees a patient choking and he just walks by his patient and decides not to help his patient.

MALFEASANCE Performance of totally wrongful and

unlawful act BAD act

For example: A nurse purposely gives a patient a placebo instead of antibiotics for an infection, which causes more damage to the patient.

MISFEASANCE Performance of a lawful act in an illegal

or improper manner

For example: In The Doctor, the physician was not suppose to get treated, but instead got an enema.

CONFIDENTIALITY Who do you discuss it with?

An adult: only the patientMinors: only the patient

Parents/guardians are needed to initiate careDisabled: parents/guardians

All information can be shared with members of the health care team

CONFIDENTIALITY What can NOT be shared with others?

Nothing can be shared without the written consent of the patient

What must be reported under legal obligation? If the information is public knowledge, then

that information may be shared For example: AIDS and other STDs, TB, abuse,

birth, and death

HIPAA Health Insurance Portability and

Accountability Act

Put into place in 1996 It protects the privacy of the patient

OSHA Occupational Safety and Health

Administration

It ensures safe and healthful working conditions for workers to prevent work related injuries, illness, and fatality