LegalEthical Issues - Welcome to the Health Science Programlegalethical问题-欢迎来到健康科学计划.pptVIP

Legal Issues Ethics Principles and values that determine appropriate behavior Law The rules and standards of society that control the conduct of its members and set limitations for the fulfillment of natural instincts. Types of Law Constitutional Federal State Statutes Common or Case Law Torts Intentional Unintentional Intentional Torts Assault Battery False Imprisonment Invasion of Privacy Intentional Infliction of Mental Distress Nonintentional Torts Negligence Omission to do something which a “reasonable and prudent” person would do Malpractice Professional misconduct, lack of skill, evil practice, immoral conduct Three Classifications of Medical Professional Liability Claims Malfeasance a performance of a totally wrongful and unlawful act Misfeasance a performance of a lawful act in an illegal or improper manner Nonfeasance a failure to act when one should Four Elements Proving Negligence.  Duty- person charged with negligence owed duty of care to the accuser. Derelict- health care provider breached (failed to comply) duty of care to the patient. Direct Cause- breach of duty was the direct cause of the patient’s injury Damages- monetary awards sought by the plaintiffs (patient) in the lawsuit where there is a legally recognizable injury to a person. Standard of Care Defines the “duty to the patient” and “breach of duty” Could be a local, regional or national standard Nurse Practice Act Outlines in very general terms what a nurse may do. A nurse may not do any act which may be interpreted as the practice of medicine. What defines the Standard of Care? Hospital policy and protocols Definition of each health care provider - specific for each state Schools Certification and licensure Current literature Special training Professional organizations Good Samaritan Act Some variation from state to state, but general principles include: Care not grossly negligent Care does not have to be successful Rescuer has a duty to use “reasonable” care No dut