Law 101 Flashcards
What are the 4 sources of law?
Common Law: made by judge decisions – majority of malpractice cases
Statutory Law: made by congressional legislation/bills passed – Affordable Care Act (Obama-care)
Administrative Law: made by governing agencies – Licensing, Medicare/Medicaid
Constitutional Law: the constitution of the U.S.; highest level of authority
What are the classifications of law?
Civil and Criminal
Discuss Civil law
Between 2 individuals; 3 types
- Breach of Contract
- False Imprisonment
- Abandonment
What classification does malpractice belong to?
Civil
Discuss Criminal Law
Between society and individual
- Medicare Fraud
- Destruction of Records
- Willful Neglect
Discuss the Patient Self-Determination Act
o Requirement that health care institutions provide patients with information regarding establishing an advanced health care directive in the event they can no longer make health care decisions for themselves due to illness or incapacity, upon admission to a health care facility
What are the requirements of the physician in the Patient Self Determination Act?
Inform patients of their right
- To make health care decisions.
- Accept/Refuse treatment
- Establish a proxy
How do you avoid a breach of contract?
Never guarantee results/outcome
Is a breach of contract a part of negligence?
NO
Differentiate Breach of Contract from Breach of Standard of Care
BOC: One party in a contract fails to meet at least one of the contractual obligations.
BOSC: Level of care a reasonably competent professional would have rendered in the same or similar circumstances.
What is abandonment?
o Discontinuing treatment of a patient in need of care without making reasonable arrangements for the continuation of care; or leaving professional employment w/o reasonable notice and under circumstances which seriously impair the delivery of professional care to patients or clients
How do you avoid abandonment claims from an institution?
o To avoid an abandonment claim: give reasonable notice, make a recommendation, provide ample time (30 calendar days is generally accepted as ok)
How do you avoid abandonment claims from a patient?
notify patient in writing, state reason for dismissal, indicate final date, send a certified letter w/ a return receipt requested, retain a copy of the letter in the patient chart
What is the Emergency Medical Treatment and Active Labor Act
o Law requiring the medical treatment of anybody in a medical emergency regardless of citizenship, legal status, or ability to pay (Screen & Stabilize)
