Flashcards in Health Care Law Deck (27)
What is your "Standard of care"
A standard that a reasonable man would perform under like circumstances (peer review)
Define criminal Law
- To punish wrongdoers for offences against society as a whole.
- Instigated by the police or the CPS
- Burdon of proof - on the crown - guilty beyond a reasonable doubt
- Venue, Magistrates court or crown court
What is Vicarious responsibility
- Secondary liability that arises under the common law doctrine of contract law
- An employer has a vicarious responsibility for its employees
What is the Freedom Of Information Act
- Provides public access to information held by public authorities
1. Public have the right to know about activities
2. Public can request information
- If a member of the public wish to see what is held about them, they must request via the Data Protection Act 1998
What is the Data Protection Act 1998
- Governs the processing of information that ID's living individuals
- Must be lawful and fair, used for a specific purpose, ensure the right to view info held about you
Name 5 Rights of the Patient
- Act in their best interests
- Respect patients and their decisions
- Work within your professional limits
- Act with honesty and integrity
- Provide informed consent
- Paramedics are autonomous practitioners, therefore must work within the guidelines and employer policy.
- We have a moral responsibility and accountability for ones actions
Name 6 importent legislations
- Data protection Act 1998
- Freedom Of Information Act 2000
- Public Health Act 1984
- Mental Health Act 1983
- Mental capacity Act 2005
- Road Traffic Reg Act 1984 and the Traffic Signs Reg 2002
what is your Burden of Proof
Balance of probabilities means it is more likely than not that you are responsible for the alleged act
What is the Mental Capacity Act 2005
- Provides legal framework to give authority and protect people who may lack capacity
What is the Public Health Act 1984
- Legislation in England to give the public authorities powers to prevent and control risks to human health.
- Infectious disease reportable to "Proper Officer" of the local authority
What is Statute Law
Written law set by legislature, for example Mental Capacity Act 2005
Example of Criminal offence
Death by dangerous driving
Define Civil Law
- Regulated relationships between individuals
- Instigated by a individual or an organisation suing another individual or organisation
- Burden of proof on the claimant, on the balance of probability
What does Causation mean
"but for test" Harm would not occurred unless you were "negligent"
What is criminal law.
- Relates to conduct of which the state disapproves off.
- Applies to society in general
What is the Mental Health Act 1983
- Legislation to allow for people diagnosed with a mental disorder to be detained in a safe place even against the pt wishes.
What is the RTR Act 1984 and The TSR 2002
- If a vehicle is used for ambulance service purpose and is displaying blue lights and sirens exemptions to the road traffic act may be claimed if "compliance with the act" would hinder the use for which the vehicle is meant to be used for.
- No driver is exempt from dangerous or careless driving charges
What is civil law?
- Legal mechanism of which individuals can claim against others.
- Have those rights adjunicated and enforced.
What is Common law
Is rules of practise from deciding judges,n cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts.
What Duty of care do you have
Puts should not suffer any unreasonable harm or loss
Example of Civil Law
Property Damage or divorce
When can you breach Confidentiality
- When a patient consents
- Public interest
- Clinically relevant info BUT if the pt refuses you can only breach if poses a serious risk to the medical staff
- Notifiable diseases
- Disclosure under the DPA 1998
- By Law - Court Order
- If the pt has a adverse drug reaction (Medical Control Agency)
Name the Sections and details
- Section 2 - Assessment upto 28 days
- Section 3 - Upto 6 Months
- Section 4 - Emergency application for assessment of unto 72 hours
- Section 135 - Magistrates order, for the pt to be removed from there home.
- Section 136 - Allows a police officer to remove a person whom they deem to be mentally disordered to a place of safety
Name 6 driving exemptions Ambulances may take?
- Treat Red traffic lights as give way
- Pass the wrong side of a keep left bollard
- Drive on a motorway hard shoulder
- Exceed the statutory speed limit
- Turn right where normally banned
- Use of bus lanes
What are the 4 types of Law