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Legal Responsibilities and Civil Law Overview

Learn about laws, legal responsibilities, civil law, torts, contracts, and informed consent. Understand criminal law, malpractice, and defamation.

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Legal Responsibilities and Civil Law Overview

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  1. Civil and Criminal Law Lesson 1: Criminal Law

  2. Lesson 1 – Laws • Laws are rules of conduct enacted and enforced by governments. • Legal responsibilities are based on laws. All people have legal responsibilities, such as following traffic rules and paying taxes. • Health care workers have specific legal responsibilities that help protect their patients, themselves, and their employers.

  3. Lesson 1 – Criminal Laws • Criminal law protects all citizens from people who pose a threat to society. • Criminal law includes minor to serious offenses. • These offenses may result in the following punishments: • Community service • Fines • Loss of license • Probation • Imprisonment • Execution

  4. Civil and Criminal Law Lesson 2: Civil Law and Torts

  5. Lesson 2 – Civil Law • Civil law focuses on disputes between people. • When a civil law is broken, the person who claims harm, or plaintiff, brings charges against the alleged offender, or defendant. • Two types of civil laws are torts and contracts.

  6. Lesson 2 – Tort • A tort is a case in which a person is harmed because of another person’s actions or failure to act. • Examples of torts: • Assault and battery • False imprisonment • Defamation of character • Invasion of privacy • Malpractice

  7. Lesson 2 – Assault and Battery • Assault is intentionally threatening or attempting to harm a person. • Battery is intentionally touching another person without the person’s permission, even if the contact does not cause harm.

  8. Lesson 2 – False Imprisonment • False imprisonment is intentionally violating a person’s freedom.

  9. Lesson 2 – Defamation of Character • Defamation of character is intentionally damaging a person’s reputation by making false statements about the person. • Libel is publishing false text or images. • Slander is speaking false words.

  10. Lesson 2 – Invasion of Privacy • Invasion of privacy is intentionally interfering with a person’s right to be left alone.

  11. Lesson 2 – Malpractice and Scope of Practice • Negligence is unintentionally harming a person by acting in an improper way • Malpractice is professional negligence. • Scope of practice is what health care workers should and should not do according to their profession.

  12. Lesson 2 – Malpractice Lawsuits • Legal action can be the results of malpractice. • Legal action can be against any person or facility involved in the care of the patient. • Healthcare providers and facilities take certain steps to try and protect themselves against malpractice lawsuits. • Some complain malpractice lawsuits disproportionately add amount to the rise in health care cost. Others disagree.

  13. Civil and Criminal Law Lesson 3: Civil Law and Contracts

  14. Lesson 3 – Contract • A contract is a voluntary agreement between two or more people. • A contract has three parts: • Offer • Acceptance • Consideration • If a contract is not performed according to the agreement, the contract is breached. • Two types of contracts are implied and expressed.

  15. Lesson 3 – Implied Contract • An implied contract is an agreement that is understood without being stated in words or writing.

  16. Lesson 3 – Expressed Contract • An expressed contract is an agreement that is specifically and clearly stated. • The agreement may be made either in words or writing.

  17. Lesson 3 – Legal Disability • All people entering a contract must be free of legal disability. • Legal disability includes: • Minors under the age of 18 • Incompetent people, such as those with mental disabilities or psychiatric illness or under the influence of alcohol or drugs • Semiconscious or unconscious people

  18. Lesson 3 – Assistance • If a person entering into a contract is a non-English speaker, a translator must be used. • If a person is illiterate or speech- or hearing-impaired, assistance should be used.

  19. Lesson 3 – Informed Consent • Many health care procedures and tests require informed consent. • Informed consent has two parts: • A clear explanation of a procedure or test • The permission given to perform the procedure or test by a competent and voluntary patient

  20. Lesson 3 – Exceptions to Informed Consent • Emergency situations • Minor procedures and simple tests with minimal risk • States may differ in their exceptions to informed consent. Health care workers must comply with the laws in their state.

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