PUBH 3130 Lecture 13: Ethics and Law

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Ethical and legal concepts overlap, but have different roots. Their interaction can be seen in patient & provider rights and responsibilities. These issues affect all components of health services delivery, including clinicians, managers, and the financing of health services. Ethical and legal concerns for healthcare managers include beginning and end of life issues. Criminal law: a wrong against society as a whole, even if a particular individual is harmed. Civil law: wrongs against a person or organization, either by contract violations or by wrongful acts (torts) Malpractice can be either civil or criminal. In order to be binding must include all of these: Agreement must be for something of value. Can be either misfeasance, malfeasance, or nonfeasance. Defined as negligence or carelessness of a professional person. Under criminal law = reckless disregard for the safety of another . Of concern for healthcare organizations, to protect patients and the organization itself.

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