Concepts of Medical Law

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tort law

What is Law?

Law can be defined as those rules made by human who regulated social conduct in a formally prescribed and legally binding manners. Laws are based upon concerns for fairness and justice.

What are the Functions of law in healthcare ?

In healthcare, Law serves a number of functions:

  • It provide a framework for establishing which actions in the care of client are legal
  • It differentiates the nurse’s/technician’s responsibilities from those of other health professional
  • It helps establish the boundaries of independent action
  • It assists in maintaining a standard of practice by making nurses/technicians accountable under the law.

Types of law

Law governs the relationship of private individuals with government and with each other. The following are types of law

1.Public Law

This refers to the body of law that deals with relationships between individuals and governmental agencies. An important segment of public law is criminal law which deals with actions against the safety and welfare of public. Example: theft, homicide

2. Private law or Criminal law

This is the body of law that deals with relationships between individuals. It is categorized as contract law and tort law

3. Contract law

This involves the enforcement of agreements among private individuals or the payment of compensation for failure to fulfill the agreements

4. Tort law

The word tort means “Wrong” or “Bad” in Latin. It defines and enforces duties and right among private individuals that are not based on contractual agreements. Example of tort law applicable to healthcare are

  • Negligence and Malpractice
  • Invasion of privacy and assault

Legal actions

The process of enforcing a nation’s law’s by proceeding within court system. One individual or entity prosecutes another for a criminal action or civil wrong doing, or to protect an individual or entity’s rights from being violated.

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Kind of Legal actions

There are two kinds of legal actions

1 .Civil or Private action

It deals with the relationships between individuals in a society. Example: A man may file a suit against a person who he believes cheated him.

2. Criminal actions

It deals with disputes between an individual and the society as a whole. Example: If a man shoots a person, society brings him to trial

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About the Author: Arthur Westmann

DEFFE ARTHUR (AMOEBAMANN) is the founder and author of MLTGEEKS and MLTEXPO.He’s from Cameroon and is currently a Final year State Medical Laboratory Technician (MLT MA). Beyond lab works, he’s a passionate internet user with a keen interest in web design and blogging. Furthermore He likes traveling, hanging around with friends and social networking to do in his spare time.

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