LAW is defined as all the rules of conduct established and enforced by the authority, legislation, or custom of a given community or other group.
Criminal Law – deals with wrongs against a person, property or society. The offender can go to jail or prison.
Examples of criminal laws:
Practicing in a health care profession without a required license
Misuse of narcotics
Civil Law – deals with legal relationships between people and the protection of a person’s rights.
Health Care is mainly affected by Civil Law.
Invasion of privacy– unnecessary exposure of an individual or revealing personal information about an individual without consent.
False imprisonment– restraining an individual or restricting an individual’s freedom.
Defamation of character – damaging a person’s name and/or reputation by making public statements that are false and malicious.
There are two types:
Libel – if the information released is written
Slander – if the information released is spoken.
Abuse – any abuse that results in physical harm, pain, or medical anguish. Abuse can be classified as:
Physical – hitting, forcing persons against their will, restraining movements, depriving of food or H2O, or not providing physical care.
Verbal – talking harshly, swearing or shouting, teasing, ridiculing, intimidating a person.
Sexual –any unwanted sexual touching or act.
**Laws in all states require reporting of any form of abuse to proper authorities.** Contracts A Contract is a voluntary agreement between two or more parties
It has three parts:
1. Offer – competent individual enters into a relationship with health care providers and offers to be a patient.
2.Acceptance – health care provider gives an
appointment or examines or treats a patient.
Consideration – payment made by the patient
for services provided.
Types of Contracts:
Implied – gives rise to contractual obligations by some action or inaction without verbally expressed terms.