What are the 3 branches of Federal Govt?
Legislative Branch (Congress)
Executive Branch (President)
Judical Branch (Supreme Court)
Legislative Branch
Congress; Senate(2 per state) and House of Representatives (435)
- Write, debate, and pass bills
Executive Branch
President; Executive orders become law without approval of Congress
Judicial Branch
Supreme Court; Interprets and oversees laws
What are the 3 branches of State Govt?
Legislative, Executive, and Judicial
Four types of Law
1. Constitutional
2. Case
3. Statutory
4. Administrative
Constitutional Law
Based on U.S. constitution
Case Law
Set by legal precedent; Begins with common law
Powers of National(Federal) Govt
- Print money
- Regulate interstate(between states) and international trade
- Make treaties and conduct foreign policy
- Declare war
- Provide an army and navy
- Establish post offices
- Make laws necessary and proper to carry out the above powers
Powers of State Govt
- Issue licenses
- Regulate intrastate(within state) businesses
- Conduct elections
- Establish local govts
- Ratify amendments to Constitution
- Take measures for public health and safety
- May exert powers the Constitution does not delegate to nation go
Common Law
Body of unwritten law originally formed in England; primarily from judicial decisions based on custom and tradition
Statutory Law
Law passed by state or federal legislatures (U.S. congress)
Administrative Law
Enacted to define specific agency powers and procedures when agency is created
- EX: IRS, OSHA, and Social security
Classifications of Law (4)
After laws are created, they are classified by type
- Substantive, Procedural, Criminal, Civil
Substantive law
Written law that defines and regulates legal rights and obligations
Ex: criminal laws- murder, arson, armed robbery
civil laws- allow individuals to sue people
Procedural law
Defines rules used to enforce substantive law
- Miranda Rights
Criminal law
Law involving crimes against STATE
- murder, robbery, arsenal, rape, larceny, mayhem, and practice medicine without license
Civil law
Law involves wrongful acts against PERSON
- People can sue another person, business, or govt
Types of Criminal Law
Felony and Misdemeanor
Felony
More serious; An offense punishable by death or by imprisonment in a state or federal prison for MORE than 1 year
Ex: abuse, arson, burglary, conspiracy, fraud, embezzlement, illegal drug dealing, manslaughter, murder, rape, robbery, tax evasion
Misdemeanor
Less serious; A crime punishable by fine or by imprisonment in a facility other than a prison for LESS than 1 year
Ex: traffic violations, thefts under certain amount of dollar, attempted burglary, and disturbing peace
Type of Civil Law
Tort
Tort
- Civil wrong committed against a person or property excluding breach of contract
- Must involve injury, damage to property, or deprivation of civil liberties
- May be intentional(willful) or unintentional(accidental)
Tortfeasor
Person guilty of committing a tort
Intentional torts
When one person intentionally harms another
Ex: Assault, battery, defamation of character, fraud, false imprisonment, and invasion of privacy
Unintentional torts
Acts that are not intended to cause harm but are committed unreasonably or with a disregard for consequences; Negligence
Negligence
One may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances
Evidence of Medical Malpractice
- Expert testimony
- Existing federal and state laws
- Hospital by laws
- Custom and community practice
- Accreditation standards
The Court System consist of
Jurisdiction, Federal Courts, and State courts
Jurisdiction
Power to hear and decide a case before it
Federal Courts
Jurisdiction over federal law such as antitrust, federal crimes, patents, and fraud in Medicare/Medicaid
State Courts
Each state slightly differ; Structure includes local courts, trial courts, appellate courts, and state supreme court
Players in Court Scene
Plaintiff, Prosecution, Defendant
Prosecution
Govt as plaintiff in criminal case
Contract
Voluntary agreement between two parties in which specific promises are made for consideration
4 Elements of Contract
Agreement- Makes offer and accept
Consideration- Something of value is bargained
Legal subject matter- yes or no
Contractual capacity- understand terms and conditions
Types of Contracts
Expressed contracts
Implied contracts
Expressed contracts
Written or oral agreement in which all terms are explicitly state
- Valid contract
Implied contracts
Unwritten or unspoken agreement whose terms result from actions of parties involved
Termination of Contracts between physician and patient
- Failure to pay for services
- Failure to keep appointments
- Failure to follow physician instructions
- Patient seeks services of another physician
Rights of Physicians
- Make reasonable limitations on physician-patient relationship
- Set up a practice based on credentials
- Set up an office and determine hours
- Specialize
- Decide what services will be provided and how they will be provided
Patient Rights
- Considerate and respectful care
- Information on diagnosis, treatment, and prognosis
- Information to give informed consent
- Refusal of treatment
- Confidentiality
- Continuity of care
- Knowledge of hospital rules
Implied duties of Patient
- Follow physician instructors and cooperate as well as able
- Give all relevant information to physician to form diagnosis
- Follow physician orders for treatment
- Pay fees for services rendered
Laws Governing payment of fees for Service
- Third party payer contract
- Fair Debt collection practices act
- Implied contracts
- Managed care plan contracts
Physician is not bound to
- Treat every patient who seeks medical care
- Restore the patient original state of health
- Guarantee successful results of treatments or operation
- Be free from mistakes of judgments
- Make correct diagnosis
- Possess highest skills
- Be as skilled as
Law of agency
Law that governs the relationship between principal and his or her agent; May be expressed or implied
Respondeat superior
Doctrine which employer is legally liable for acts of his or her employees; "Let the master answer.