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Learning Plan 2 
Law and Health Care
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.
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.
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
Civil Law 
 Settle conflicts between individuals. 
 Court involvement 
 Filing a lawsuit 
 Only allows for monetary fines
Compare Criminal & Civil Laws
A Civil Lawsuit 
 Rules of Civil Procedure 
 Lawsuit parties 
 Plaintiff 
 Defendant
Path of a Lawsuit 
 Wrong or injury occurs 
 Wrong or injury discovered 
 Lawsuit is filed 
 Parties are notified (service of process) 
 Pretrial conference 
 Trial
Proofs 
 Burden of proof 
 Standard of proof
Burden of Proof 
 Applies to the person 
 Who is legally required to prove? 
 Failure to fulfill their burden, possible 
dismissal
Standard of Proof 
 Applies to the evidence 
 Civil lawsuits 
 Balance of probabilities 
 Criminal cases 
 Clear and convincing evidence 
 Beyond a reasonable doubt
Discussion: Page 20 of text
Discussion: Page 20 of text 
 Was there an intentional threat of another? 
 Yes 
 No 
 Was the threat of physical harm? 
 Yes 
 No
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?
Learning Plan 2 
Working in the 
Healthcare 
Profession
Objectives 
 List the qualities needed to work in 
healthcare. 
 Explain what defensive medicine is and how 
it relates to the practice of medicine.
Objectives 
 Define the importance that professional 
organizations have on the healthcare 
profession. 
 Distinguish the difference between medical 
practice acts and medical boards.
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.
Objectives 
 Give an example of why a person might file 
a workers’ compensation claim. 
 List some of the reasons an employee may 
utilize FMLA.
Qualities of a 
Healthcare 
Practitioner 
 Technical skills 
 People skills
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
Technical Skills 
 Taught in the classroom 
 Use a combination of A&P and instruction 
 Example: How to care for an appendicitis 
patient
Showing empathy is 
an essential skill in 
the healthcare 
profession.
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
The Practice of 
Medicine 
 Applies to all healthcare professionals 
 Medicine not an exact science 
 Fine-tune skills 
 Build a knowledge base
surgical team 
practices its surgical 
skill on a patient in 
the operating room.
Defensive Medicine 
 A part of all patient care 
 Focus is on the healthcare provider, not the 
patient 
 Protects against potential lawsuits
Professions and 
Professional 
 Professional 
 Expertise 
 Well-crafted technical and people skills 
 Applies when you first start working
Professional 
Organizations 
 Accreditation requirements 
 Many focus on education 
 Set standards for the profession 
 Standards of care 
 Codes of ethics
Standards of Care 
 All professions have at least one 
 Detail minimal requirements 
 Hold professionals accountable 
 Generic, simple statements 
 National, state, local
Codes of Ethics 
 All professions have at least one 
 Describe type of conduct expected
Medical Practice 
Acts 
 Create a medical board 
 Write policies and procedures 
 Determine the scope of practice
boards are made up 
of professionals, 
elected officials, and 
citizens.
Medical Board 
 Requirements for entering healthcare 
profession 
 Requirements for working as a healthcare 
professional 
 How healthcare is delivered
Policies and 
Procedures 
 Write laws regarding credentialing 
 Certification 
 Licensure 
 Revocation and suspension criteria
Licensure 
 Similar to a driver’s license 
 Required of some professions, but not all 
 Differ from state to state
Certification 
 Determined by granting institution 
 Input provided by professional 
organizations 
 Criteria differs from state to state
Registration 
 Special designation of licensure 
 Identifies who can perform specific 
technical skills 
 A list identifing individuals
Discussion: Court 
Case 
O’Sullivan v. Mallon 
Page 45 of textbook 
Review case and summarize in your own 
words for discussion

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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
  • 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