Chapter 3 LAW Have you ever wanted to

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Chapter 3 LAW • Have you ever wanted to sue the doctor? • You

Chapter 3 LAW • Have you ever wanted to sue the doctor? • You could sue if the doctor did not follow: – Standards of care • page 41 (35) • a doctor is expected to perform in a certain way

Respondeat Superior • If you make a mistake, who gets the blame? – You

Respondeat Superior • If you make a mistake, who gets the blame? – You – The doctor – Ex 3 -1 # 9 – Page 57 Res ipsa Loquiture • The evidence speaks for itself – Negligence

Contract 4 parts to make a contract: • • Offer and acceptance Legal subject

Contract 4 parts to make a contract: • • Offer and acceptance Legal subject matter Legal capacity Consideration (money) To Terminate a contract: p 43 • Send a letter – – • Say why you are terminating: – – • • • – Ex 3 -1 on Page 57 #, 10, 11 , 12, • Did not keep appointments Did not follow treatment Document in pt’s chart Give pt. another doctor’s name Offer to provide care for a reasonable time – • via certified mail with return receipt 30 days Offer to send records to new doctor. Doctors can’t just leave: “pt. abandonment”

Legal Action Statute of Limitations • You only get so long to sue, then

Legal Action Statute of Limitations • You only get so long to sue, then it is too late. • Start counting after you reach 18 years • Get an expert opinion within the time • Ex 3 -1 • page 58 #13 Malpractice & Negligence • To prove negligence you must show: – – Duty or contract existed Breach of duty Cause Damages or injury Check point p 42 (35 old) Is this malpractice or not?

Consent • Informed – Expressed • A statement • signed form – can a

Consent • Informed – Expressed • A statement • signed form – can a person with Alzheimer's sign? – if it is close to diagnosis or after diagnosis = no – Implied • Shown by actions • Life and death

Confidentiality • Details can be discussed if needed for care or service to the

Confidentiality • Details can be discussed if needed for care or service to the patient • Examples: – – Billing Getting medications Lab tests ordered Second opinion or discussions on the case

Release of Records Minors do not need parent consent for • sexual conditions, •

Release of Records Minors do not need parent consent for • sexual conditions, • drugs • psychological needs consent is not needed: • in a crime • Pt is a threat to society • A legal subpoena • Injuries or diseases – – Births and deaths Abuse Crimes Infectious diseases – Read p 50 (43) – Can you remember one without looking?

power point project • make 2 slides • print both slides on one page

power point project • make 2 slides • print both slides on one page • one has a picture • the other has whether it • fold in half. is reportable or non • show your neighbor the reportable. picture half to guess which it is.

Court • Deposition – The doctor’s testimony • Subpoena – If an individual is

Court • Deposition – The doctor’s testimony • Subpoena – If an individual is asked to come to court • Subpoena Duces Tecum – Medical records come to court • If the assistant is a witness • Only answer what you are asked • If you don’t understand then ask • If you don’t know say “I don’t know” – Ex 3 -1 page 58 (49) – # 15 & 16

consent form • Download & print a • Ex 3 -1 page 58 #14

consent form • Download & print a • Ex 3 -1 page 58 #14 • Medical child’s consent form Review it with a partner – Have him or her sign • http: //www. tidyforms. co m

Chapter 3 (page 53) • uniform anatomical gift act 1968 • controlled substance act

Chapter 3 (page 53) • uniform anatomical gift act 1968 • controlled substance act 1970 • Good Samaritan • Advanced Directives • HIPAA

Uniform Anatomical Gift Act 1968 • 18 years old and sound mind • A

Uniform Anatomical Gift Act 1968 • 18 years old and sound mind • A relative may donate all or some of their body parts, corneas, stem cells etc • Gifts can be to hospitals or schools or a specific individual. • You can change your mind • Ex 3 -4 – Page 60 new, P 51 old – #1 -9 Tell your neighbor: – What do you think about this law? – Would you consider donating a body part? – Have you seen the movie: My Sister’s Keeper?

Controlled Substance Act 1970 – Page 45 • To control potentially harmful substances –

Controlled Substance Act 1970 – Page 45 • To control potentially harmful substances – Narcotics – Stimulants – Hallucinogens • Ex 3 -4 – Page 60 – #10 - 14 Take the CAGE alcohol test • http: //counsellingresource. com/lib/quizzes/drugtesting/alcohol-cage/ There are 5 levels or “Schedules” • Schedule 1 is high danger – Never used • Schedule 11 – 1 V – Needs a prescription • Schedule V is low danger – and does not need a prescription

Good Samaritan • All 50 states • Prevents you from being liable in an

Good Samaritan • All 50 states • Prevents you from being liable in an emergency – if you use proper standards of care. • Does not apply in the office Ex 3 -4 • Page 60 • #15 -18 – Tell your partner about an accident you have seen. – Was there a hero who helped? – What did you do?

Advanced Directives A pt tells in advance what kind of medical care he wants

Advanced Directives A pt tells in advance what kind of medical care he wants in case he cannot make decisions • Living Will The pt states what he wants in a terminally irreversible condition (when he is dying) Example: – “If I am in a coma, do not keep me alive” – “if I am dying of cancer, I do not want CPR” • “Do Not Resuscitate” • Durable power of Attorney – Gives authority to another person to make any decisions if the pt. cannot. – made before a serious medical condition arises. – Although a relative cannot be a witness to advanced directives, they can have power of attorney

Print Advanced Directives and answer Questions 19 -26 St. John’s Health. org, Oxnard (Dignity

Print Advanced Directives and answer Questions 19 -26 St. John’s Health. org, Oxnard (Dignity Health) • Patients and visitors – Preparing for hospitalization – page 5 only • go to print, page 5 • ask you partner to sign • you witness – http: //ag. ca. gov/consumers /pdf/AHCDS 1. pdf Ex 3 -4 page 61 numbers 19 -26

HIPAA Health Insurance portability and Accountability Act • Pts now have rights over their

HIPAA Health Insurance portability and Accountability Act • Pts now have rights over their health information • Release health information without consent is a criminal offense – $250, 000 fine and 10 years in jail – Ex 3 -4 – Page 52 – #27 - 31 • A pt. may have a copy of his medical record • Employers are not given access to health information that could be used for hiring or firing without consent • Medical personnel may see a file if needed for care: – treatment, payment or operations

Emergency medical treatment and labor act 1968 • hospitals have to give screening for

Emergency medical treatment and labor act 1968 • hospitals have to give screening for patients • regardless of their ability to pay • ex 3 -4 # 32 to 33 • page 61

MEDISOFT Electronic Health Records • activity 3 -1 security • page 61

MEDISOFT Electronic Health Records • activity 3 -1 security • page 61

Ex 3 -4 (page 60) • first one as a class • next ones

Ex 3 -4 (page 60) • first one as a class • next ones in groups • turn in.