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Allied Health Assignment 2 - 1 Explain the difference...

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1. Explain the difference between civil and criminal law. Civil law focuses on legal relationships between people and the protection of a person’s rights. Criminal law , on the other hand, focuses on wrongs against a person. Health care mainly deals with civil law. Simmers, Louise R.N., Diversified Health Occupations., 4th Ed. Albany, New York: Delmar Publishers, 1998. (47-48) 2. What are torts? List AND explain 7 different types of torts. A tort is a wrongful or illegal act that does not involve a contract. Malpractice is the failure of a professional to use the degree of skill and learning that is usually expected in that person’s profession. An example of malpractice could include a nurse performing a minor surgery without proper supervision or training. Negligence is failure to give care that is normally expected of a person in a particular field and position. A type of negligence could include not reporting defective equipment. Invasion of privacy includes revealing needless personal information about an individual without their consent. Examples of invasion of privacy can be sending information concerning a patient to an insurance company without the patient’s permission. Abuse includes any care that results in physical harm, pain, or mental distress. This includes mistreatment or lack of services. Defamation occurs when false statements either cause a person to be ridiculed or damage the person’s reputation. Defamation is when incorrect information is release such as telling others that a patient has a drug problem or another problem that does not exist. Assault includes a threat or an attempt to injure and battery is the unlawful touching of another person without consent. The terms are often used in conjunction with each other. The professional must remember that the patient has to give consent for any procedure or treatment this includes surgery and diagnostic tests.
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Informed consent is permission granted voluntarily by a person who is of a sound mind after a procedure and all risks involved have been explained in terms the person can understand. No procedure should be performed if a patient does not give consent and all procedures should be explained entirely. Simmers, Louise R.N., Diversified Health Occupations., 4th Ed. Albany, New York: Delmar Publishers, 1998. (47-48) 3. What are privileged communications and how do privileged communications apply to health care records? Privileged communications are an important part of the legal responsibility Privileged communications consists of all the information given to health care personnel by a patient. This law requires all the information to be kept confidential. The information cannot be released unless there is written consent from the patient. The document from the patient needs to have whom the information can be released to, what information can be given out and for how long they are allowed to receive information. Health care records are privileged communications.
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  • Spring '08
  • Edwards
  • Health care provider, Allied Health Professions, certified athletic trainer, Diversified Health Occupations.

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