7 Giddens Health Care Law Flashcards
Goals for health care law
Define and describe the concept
Explore theoretical perspectives of health care law
Discuss the application of health care law to nursing and health care
Health care law defined
Collection of laws that have a direct impact on the delivery of health care or on relationships among those in the business of health care or between the providers and the recipients of health care
Legislation
The process of introducing, adopting, changing, or repeating law
Regulation
Is the process of putting laws into action through the establishment of rules
Litigation
Process of seeking help through the courts to address a perceived wrong
Five traditional legal disciplines
Tort law Contract law Property law Constitutional law Criminal law
Tort law
Offers relief to individuals who sustain harm from the wrongful acts of others\
Ex. Malpractice suit
Contract law
Governs contracts that are voluntarily and deliberate and legally binding agreements between two or more people
Ex. Performance of surgery other than what was specified
Property law
Governs ownership
Ex. Ownership of frozen embryos
Constitutional law
Deals with the interpretation and implementations of the US constitution
Ex. Right to have an abortion
Criminal law
Relates to crime and the prosecution by the government of a person who commits an act that is classified as a crime
Ex. Assisted suicide
Federal laws
Social security act of 1965
Patient self-determination act of 1991
Health insurance portability and accountability act of 1996
Patient protection and affordable care act of 2010
Controlled substance act
State laws
Licensing of professionals Licensing of health care institutes Laws relating to public health and disease prevention Consent Advanced directives Physician assisted suicide
State board of nursing
The legal authority of nursing proactive and regulates nursing practice
Professional nursing practice
Regulated by the states; nurses must hold a state-issued license to practice nursing
Found in the scope of practice of each state
