Me2250 week 2 lecture
- 1. Learning Plan 2 Law and Health Care
- 2. Objectives 1 Describe the difference between criminal laws and civil laws. 2. Give an example of how a civil law subcategory can impact healthcare. 3. List the steps involved in a legal analysis. 4. Identify who the parties are in a lawsuit. 5. List the steps involved in a civil lawsuit.
- 3. Objectives 6. Provide an example of what jurisdiction gives a court of law. 7. Explain what interrogatories and depositions are and how they are used. 8. Describe the different types of proof and when they are used. 9. Compare and contrast the different alternative dispute resolution methods.
- 4. Criminal Law Punishment includes jail or prison. Felony: More than one year in jail Misdemeanor: Less than one year in jail and/or a fine Prosecutor brings criminal charges Citizens press charges Prosecutorial discretion
- 5. Civil Law Settle conflicts between individuals. Court involvement Filing a lawsuit Only allows for monetary fines
- 6. Compare Criminal & Civil Laws
- 7. A Civil Lawsuit Rules of Civil Procedure Lawsuit parties Plaintiff Defendant
- 8. Path of a Lawsuit Wrong or injury occurs Wrong or injury discovered Lawsuit is filed Parties are notified (service of process) Pretrial conference Trial
- 9. Proofs Burden of proof Standard of proof
- 10. Burden of Proof Applies to the person Who is legally required to prove? Failure to fulfill their burden, possible dismissal
- 11. Standard of Proof Applies to the evidence Civil lawsuits Balance of probabilities Criminal cases Clear and convincing evidence Beyond a reasonable doubt
- 12. Discussion: Page 20 of text
- 13. Discussion: Page 20 of text Was there an intentional threat of another? Yes No Was the threat of physical harm? Yes No
- 14. Court Case Collins v. Park 621 A.2d 996, 423 Pa. Super. 601 (1993) Superior Court of Pennsylvania Page 26 of text What was the result, in your words?
- 15. Learning Plan 2 Working in the Healthcare Profession
- 16. Objectives List the qualities needed to work in healthcare. Explain what defensive medicine is and how it relates to the practice of medicine.
- 17. Objectives Define the importance that professional organizations have on the healthcare profession. Distinguish the difference between medical practice acts and medical boards.
- 18. Objectives Describe what the EEOC is and what areas of employment it governs. Define what the ADA is and how it protects employees. List the two areas covered by OSHA that have a direct impact on working in healthcare.
- 19. Objectives Give an example of why a person might file a workers’ compensation claim. List some of the reasons an employee may utilize FMLA.
- 20. Qualities of a Healthcare Practitioner Technical skills People skills
- 21. Technical Skills What skills depends on the profession May include Administering medications Assessing patients and their conditions Identifying instruments Performing medical or surgical procedures Taking and/or reading diagnostic images
- 22. Technical Skills Taught in the classroom Use a combination of A&P and instruction Example: How to care for an appendicitis patient
- 23. Showing empathy is an essential skill in the healthcare profession.
- 24. People Skills Emotional intelligence Caring nature of people who want to help Building the self-esteem of others Showing empathy for others Communicating effectively By asking productive questions Demonstrating effective listening skills Responding appropriately to emotion
- 25. The Practice of Medicine Applies to all healthcare professionals Medicine not an exact science Fine-tune skills Build a knowledge base
- 26. surgical team practices its surgical skill on a patient in the operating room.
- 27. Defensive Medicine A part of all patient care Focus is on the healthcare provider, not the patient Protects against potential lawsuits
- 28. Professions and Professional Professional Expertise Well-crafted technical and people skills Applies when you first start working
- 29. Professional Organizations Accreditation requirements Many focus on education Set standards for the profession Standards of care Codes of ethics
- 30. Standards of Care All professions have at least one Detail minimal requirements Hold professionals accountable Generic, simple statements National, state, local
- 31. Codes of Ethics All professions have at least one Describe type of conduct expected
- 32. Medical Practice Acts Create a medical board Write policies and procedures Determine the scope of practice
- 33. boards are made up of professionals, elected officials, and citizens.
- 34. Medical Board Requirements for entering healthcare profession Requirements for working as a healthcare professional How healthcare is delivered
- 35. Policies and Procedures Write laws regarding credentialing Certification Licensure Revocation and suspension criteria
- 36. Licensure Similar to a driver’s license Required of some professions, but not all Differ from state to state
- 37. Certification Determined by granting institution Input provided by professional organizations Criteria differs from state to state
- 38. Registration Special designation of licensure Identifies who can perform specific technical skills A list identifing individuals
- 39. Discussion: Court Case O’Sullivan v. Mallon Page 45 of textbook Review case and summarize in your own words for discussion