Law and Health Care

Learning Plan 2

Objectives

1 Describe the difference between criminal laws and civil laws.

2. Give an example of how a civil law subcategory can impact healthcare.

3. List the steps involved in a legal analysis.

4. Identify who the parties are in a lawsuit.

5. List the steps involved in a civil lawsuit.

Objectives

6. Provide an example of what jurisdiction gives a court of law.

7. Explain what interrogatories and depositions are and how they are used.

8. Describe the different types of proof and when they are used.

9. Compare and contrast the different alternative dispute resolution methods.

Criminal Law

Punishment includes jail or prison. Felony: More than one year in jail Misdemeanor: Less than one year in jail

and/or a fine

Prosecutor brings criminal charges

Citizens press charges

Prosecutorial discretion

Civil Law

Settle conflicts between individuals.

Court involvement

Filing a lawsuit

Only allows for monetary fines

Compare Criminal & Civil Laws

A Civil Lawsuit

Rules of Civil Procedure

Lawsuit parties Plaintiff Defendant

Path of a Lawsuit

Wrong or injury occurs

Wrong or injury discovered

Lawsuit is filed

Parties are notified (service of process)

Pretrial conference

Trial

Proofs

Burden of proof

Standard of proof

Burden of Proof

Applies to the person

Who is legally required to prove?

Failure to fulfill their burden, possible dismissal

Standard of Proof

Applies to the evidence

Civil lawsuits Balance of probabilities

Criminal cases Clear and convincing evidence Beyond a reasonable doubt

Discussion: Page 20 of text

Was there an intentional threat of another? Yes No

Was the threat of physical harm? Yes No

Discussion: Page 20 of text

Court Case

Collins v. Park

621 A.2d 996, 423 Pa. Super. 601 (1993)

Superior Court of Pennsylvania

Page 26 of text

What was the result, in your words?

Working in the Healthcare Profession

Learning Plan 2

Objectives

List the qualities needed to work in healthcare.

Explain what defensive medicine is and how it relates to the practice of medicine.

Objectives

Define the importance that professional organizations have on the healthcare profession.

Distinguish the difference between medical practice acts and medical boards.

Objectives

Describe what the EEOC is and what areas of employment it governs.

Define what the ADA is and how it protects employees.

List the two areas covered by OSHA that have a direct impact on working in healthcare.

Objectives

Give an example of why a person might file a workers’ compensation claim.

List some of the reasons an employee may utilize FMLA.

Qualities of a Healthcare Practitioner

Technical skills

People skills

Technical Skills

What skills depends on the profession

May include Administering medications Assessing patients and their conditions Identifying instruments Performing medical or surgical procedures Taking and/or reading diagnostic images

Technical Skills

Taught in the classroom

Use a combination of A&P and instruction

Example: How to care for an appendicitis patient

Figure 3–1 Showing empathy is an essential skill in

the healthcare profession.

People Skills

Emotional intelligence

Caring nature of people who want to help

Building the self-esteem of others

Showing empathy for others

Communicating effectively By asking productive questions Demonstrating effective listening skills Responding appropriately to emotion

The Practice of Medicine

Applies to all healthcare professionals

Medicine not an exact science

Fine-tune skills

Build a knowledge base

Figure 3–2 A surgical team

practices its surgical skill on a patient in the operating room.

Defensive Medicine

A part of all patient care

Focus is on the healthcare provider, not the patient

Protects against potential lawsuits

Professions and Professional

Professional Expertise Well-crafted technical and people skills

Applies when you first start working

Professional Organizations

Accreditation requirements

Many focus on education

Set standards for the profession

Standards of care

Codes of ethics

Standards of Care

All professions have at least one Detail minimal requirements Hold professionals accountable Generic, simple statements

National, state, local

Codes of Ethics

All professions have at least one

Describe type of conduct expected

Medical Practice Acts

Create a medical board

Write policies and procedures

Determine the scope of practice

Figure 3–3 Medical boards are made up

of professionals, elected officials, and

citizens.

Medical Board

Requirements for entering healthcare profession

Requirements for working as a healthcare professional

How healthcare is delivered

Policies and Procedures

Write laws regarding credentialing Certification Licensure

Revocation and suspension criteria

Licensure

Similar to a driver’s license

Required of some professions, but not all

Differ from state to state

Certification

Determined by granting institution

Input provided by professional organizations

Criteria differs from state to state

Registration

Special designation of licensure

Identifies who can perform specific technical skills

A list identifing individuals

Discussion: Court Case

O’Sullivan v. Mallon

Page 45 of textbook

Review case and summarize in your own words for discussion