Legal Aspects of Healthcare Flashcards
purpose of due process
due process serves to assure that all levels of American government must operate within the law and provide fair procedures
purpose of equal protection
equal protection serves to assure that all levels of American government treat similarly situated persons similarly under the law
under due process, you have the right to 6 things – what are they?
1) right to notice
2) right to a hearing
3) right to be represented by legal counsel
4) right to an impartial decision-maker
5) right to written findings and conclusions of law
6) right to appeal
due process - right to notice
the governmnet has to give you notice if there is a crime or administrative issue
due process - right to a hearing
you have the right and opportunity to tell your story and be heard if you chose to do so
due process - impartial decision maker
licesnsure board, judge, jury
due process - written findings
ultimate outcome
equal protection in PT practice
- state licensure board licesning rules
- educational requirements to receive state licensure to practice legally as a PT
- con ed requirements
name the 3 branches of the federal government
judicial, legislative, executive
3 branches of government is what type of system
a system of checks and balances - no branch may perform functions reserved for the other branch
purpose of the legislative branch
make laws
the legislative branch is a group of elected persons who do what
represent the interests of their constituents
the legislative branch is made up of what 2 groups
house of representatives and the senate
legislative bills originate from where
members of congress. the bills are then debated in committee and move to the full legislative body for consideration
after bills are debated in committee, where do they go?
bills go to the executive (president or governor) to be signed into law or vetoed
a signed law is referred to as what
A statute or an act (aka social security act, affordable care act)
what is the us code
a “book” of all the laws of the US
Are there federal regulations in the us code?
NO! the US code does not contain federal regulations. only statutes (acts/laws)
executive branch - which level/
federal and state level
Executive branch: what happens?
Federal adminstrative agencies enact REGULATIONS to implement legislative statutes.
What occurs in the executive branch (common terms)
the executive branch executes laws created by the legislative branch
T/F the executive branch (federal = president) has the regulations that carry the force of the law
true. example DHHS implements the ACA
example of execuitive branch at state level
Iowa Board of PT - charged with implementing PT practice act
state regulations for Iowa are in what book
Iowa Administrative Code (ex: PT rules for licensure, practice, con ed)
Judicial branch
- decisions rendered by the US court system create the Common Law which is different than legislative and administrate created law
3 types of common law (judicial branch)
1) criminal
2) civil
3) administrative
The US Court Systems (federal and state) primarily addresses which disputes?
disputes from civil and criminal laws - but can review Administrative Agengy Rulings (dry needling)
Judicial Branch - Criminal law
- fine or jail
- relates to harm to persons/property from committing a crime
Judicial Branch - civil law
- fine or compelling someone to act
- relates to disputes between two private parties or between govt and citizens
Judicial Branch - administrative law
- fine or removing priviledges
- involve matters of law implemented by the executive branch and its agencies
Purpose of Judicial branch (2)
1) apply and interpret existing laws
2) resolve disputes that arise under existing laws
4 elements of cause of action for medical malpractice
duty of care
breach of duty of care
causation
damages
Define cause of action
a factual situation that entitles one person to obrain remedy in court from another person (polar bear slipping on ice)
a civil lawsuit is brought based up a what?
cause of action
define civil law
deal with an attempt to compensate a victim monetarily (money) for losses that should or could have been prevented
define tort
a civil wrong for which a remedy may be obtained in court in the form of damages (money) or injunction (preventing somoene from doing something)
tortfeasor
one who commits a tort
negligent tort
tort committed by faiture to observe the standard of care required by law (reasonable person standard)
intentional tort
tort commited by somoene acting with general or specific intent (battery, false imprisonment, trespassing)
ex: workng in LTC pt strieks you and you strike back as reflex (or intentional?)
medical malpractice
the failure of a medical professional to exercise the degree of care/skill that a person of the same medical specialty would use under similar circumstances. expert may be brought in to testify in this case.
most common tort PT may face
a claim of negligence aka medical malpractice
medical malpractice is what type of law
civil law
What is the standard of proof?
- think of line example. criminal law must be way right on the line, civil law just have to be over the middle (51%)
criminal law standard of proof?
beyond a reasonable doubt. higher standard. judge must be convinced beyond a reasonable doubt that you are guilty
civil law standard of proof
preponderance of the evidence. the more likely than not standard. all you are trying to do is get a judge/jury to be 51% convinced that you are guilty
in a medical malpractice case how many elements need to be proven?
4 - duty of care, breach of duty, causation, damages
causation:
the harm or event. did the breach of duty of care cause that
Compensatory damage
compensate the person for work time lost etc
Punitive damages
big money, trying to send a message to the public - McDonald’s hot coffee example
duty of care: the legal basis for the PT/patient relationship resides in what 2 types of law
contract law and common law
PT/Patient relationships are created by what type of contractq
implied contract concept (no written agreement)
When a court evaluates facts to determine if a PT/Patient relationship exits under an “implied” contract theory, the PT’s ____ are the determining factor in the courts decision
the PT’s actions are hte determining factor
under common law does the PT have a duty to proivde care?
no, but once the PT accepts the patient they create a legal relationship that is no dif than sigining a contract with the patient
Abandonment occurs when (2)
1) when the PT terminates the relationship w/o giving the pt notice
2) when the pt is in need of further therapy
this in an intentional tort
Best Practice for termination of PT services
- reasonable notice given
- stabilze pt
- obtain assurance that the patient understands the need for additional PT
- timely and complete documentation provides evidence that proper measures were taken
define breach of duty of care
failure of the PT to meet the standard of care for a PT professional. can be something you do or something you don’t do
standards that might be presented to prove there was a breach of duty of care?
- local = PT licensure laws
- national = guide to PT practice, APTA code of ethics
Causation
the PTs act or omission is the legal cause of the damages being alleged
causation asks what
who what when were why how. identity event, result and was the result caused by the event
define damages
the amount awarded to a complaintant to compenste for a proven injury/loss
economic damages
lost wages (past and future), lost profits, past and future medical expenses
non-ecomonic damages
pain and suffering; disfigurement; mental anguish and loss of enjoyment of life
punitive damages
aimed to punish the offender and send message to others like the defendant to deter future negligent behavior
T/F lack of intent is not a defense to malpractice
true!
plaintiff
person bringing the lawsuit
defendant
person alleged of wrongdoing
legal standing
a party’s right to make a legal claim or seek judicial enforcement of a duty or right
complaint
notice to you that somoene is starting a civial action against you. you then answer. following this is the discovery process.
T/F complaint and answer are not part of the pre-trial discovery process
true
Define discovery
a pre-trial process of permitting both sides to gather info that could lead to evidence for later use
3 things included in the pre-tiral process (discovery)
1) request for documentation
2) interrogatories (written set of questions)
3) depositions (interview)
Discovery process - depositions
question and answer session under oath and recorded by video/written. plaintiff, defendants, experts, witnesses, and others are present
best practices that will avoid or defend medical malptractice claims 3
1) provide competent care
2) create complete documetnation
3) demosntrate character as a professional
