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Difference between legal and ethical issues
- - The law pertains to everyone in a given society.
- - Professional standards/ethical codes technically only apply to those who are part of a given professional organization.
- - However, they may be used in a court of law to demonstrate expected professional behavior and standards of care.
is that branch of the law that deals with offenses against society. They are established by state and or federal legislation
related to private offenses, one individual against another, punishment for violation is usually in the form of monetary damage. Generally established through Common law.
also known as case laws. Determined by a judge’s ruling (court decision)
having to do with health-care malpractice and personal injury. Another term used to describe civil court actions.
regulation that involve government agencies.
Failure to act at a minimally acceptable level established to protect the public. In health care this is referred to as “malpractice”.
Any action by a health-care provider that results in an adverse outcome and liability on -- the part of the provider.
Legal duty of care/standard of care
also known as “standard of care”. An obligation that you owed something to someone. You owed them proper treatment you owed them proper care you owed them the benefit of the doubt that they definitely have pain and you’re going to work on reliving that pain.
Four ways to deal with someone who is acused of an inappropriate action?
- -in a criminal court, if a crime has occured
- -in a civil court, if health-care malpracice is involved
- -by a licensing board, if a practice act has been violated
- -by the professional organization, if the acion has violated ethical guidelines