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Civil and Criminal Law

Lesson 1: Criminal Law

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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.

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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

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Civil and Criminal Law

Lesson 2: Civil Law and Torts

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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.

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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

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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.

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Lesson 2 – False Imprisonment

False imprisonment is intentionally violating a person’s freedom.

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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.

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Lesson 2 – Invasion of Privacy

Invasion of privacy is intentionally interfering with a person’s right to be left alone.

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Lesson 2 – Negligence, 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.

Negligence, Malpractice, and Scope of Practice

Negligence is unintentionally harming a person by acting in an improper way. In other words, if people do not act in a way that a reasonable person in their situation would, they are guilty of negligence.

Res ipsa loquitur and negligence per se are two forms of negligence.

Res ipsa loquitur means "the thing speaks for itself." In other words, it is obvious that the negligence caused the harm. For example, a patient becomes ill as the result of a healthcare provider administering the wrong medication.

With negligence per se, an act or omission is negligent because it violates a statute or protocol. For example, a patient is injured during a procedure as the result of a healthcare provider performing the procedure incorrectly while intoxicated.

Malpractice is professional negligence. It is the most common charge against health care workers. Malpractice occurs when health care workers unintentionally harm patients as a result of not following their profession’s scope of practice. Scope of practice is what health care workers should and should not do according to their profession. Each health care profession has a scope of practice. Each state has laws that define the scope of practice for each health care profession, but each state’s laws share general characteristics.

NOTE: Specific examples of malpractice and scope of practice are available in the online lessons “Civil Law and Torts”.

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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.

Malpractice Lawsuits

Malpractice can result in legal action against any person involved in the care of a patient, such as doctors, nurses and assistants, and against related facilities. These types of legal actions can be very costly.

As a response, healthcare providers and facilities take certain steps to try and protect themselves against malpractice lawsuits. These steps may include purchasing expensive malpractice insurance and, what some may call, over prescribing treatment for patients.

Health care provider groups, insurance companies and others have complained that malpractice lawsuits are expensive and result in adding a disproportionate amount to the rise in health care cost. Thus, reforms are needed. However, others disagree and claim these lawsuits are not a big factor in increased costs and reforms are not necessary.

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Civil and Criminal Law

Lesson 3: Civil Law and Contracts

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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.

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Lesson 3 – Implied Contract

An implied contract is an agreement that is understood without being stated in words or writing.

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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.

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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

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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.

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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

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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.