7 Giddens Health Care Law Flashcards Preview

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Flashcards in 7 Giddens Health Care Law Deck (18)
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1

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

2

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

3

Legislation

The process of introducing, adopting, changing, or repeating law

4

Regulation

Is the process of putting laws into action through the establishment of rules

5

Litigation

Process of seeking help through the courts to address a perceived wrong

6

Five traditional legal disciplines

Tort law
Contract law
Property law
Constitutional law
Criminal law

7

Tort law

Offers relief to individuals who sustain harm from the wrongful acts of others\

Ex. Malpractice suit

8

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

9

Property law

Governs ownership

Ex. Ownership of frozen embryos

10

Constitutional law

Deals with the interpretation and implementations of the US constitution

Ex. Right to have an abortion

11

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

12

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

13

State laws

Licensing of professionals
Licensing of health care institutes
Laws relating to public health and disease prevention
Consent
Advanced directives
Physician assisted suicide

14

State board of nursing

The legal authority of nursing proactive and regulates nursing practice

15

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

16

Negligence

Malpractice
Employer/employee liability
Criminal liability

17

Malpractice

Tort law or law of medical liability
Duty, breach, causation, and harm

18

Employee/employer liability

Vicarious liability