Question

Differentiate between common law and statutory law. Provide an example (related to health care) for each.

Discuss the six (6) elements of malpractice/negligence. Provide an example (related to health care) for each.

Part 2

Discuss the difference between a durable medical power of attorney and a living will.

Part 3

What is the distinction between consent and informed consent? What is the nurse's role with informed consent?

What safeguards can be used to ensure confidentiality when sending medical information by fax or by e-mail?

Answer 1

common law	Statutory law
The lawevolves with new decisions made by judges in courts	New laws are issued by various government agencies.
Operational level is procedural	Operational level is substantive
Also known as case law	Also known as written law
Nature is instructive	Nature is prescriptive
Orgin is from precedent or judiciary	orgin from government or legislature
An example related to health care: common law recognises that there are circumstances where an individual may not be capable of giving informed consent (for example, due to impaired decision-making ability) or where consent to treatment may not be required, as in the case of emergency.	There are laws passed by parliament include The Clinical Establishments (Registration and Regulation) Act 2010 and Rules 2012 (will replace Bombay Nursing Home Act)

6 elements of malpractice or negligence include the following with example

part 2

Living will

A living will is also known as a health care or instruction directive. It is separate from the will that determines the inheritance of your assets. It focuses on your preferences concerning medical treatment if you develop a terminal illness or injury, such as a brain tumor, Alzheimer’s disease or head trauma that causes you to lose brain activity. Medical care in a living will may include instructions for the following:

• Tube feeding

• Assisted breathing

• Resuscitation

• Other life-prolonging procedures

It may also outline your religious or philosophical beliefs and how you would like your life to end. A living will is only valid if you are unable to communicate your wishes.

Health care power of attorney

A health care power of attorney gives someone else (the proxy) the ability to make decisions for you regarding your health care. Unlike a living will, it applies to both end-of-life treatment as well as other areas of medical care. However, like a living will, the proxy only has power to act on your behalf when you are unable to do so yourself, whether from loss of consciousness or mental ability. Medical professionals will determine if you are capable.

Part 3

Informed Consent

Informed consent is a process of communication between patient and physician. The physician gives the patient enough information so that the patient can make an informed decision on whether to go forward with the proposed procedure, test, or examination; the patient makes an informed decision about whether or not to proceed.

Consent Form

A completed consent form is not the same as informed consent, and consent forms do not effectively obviate the need for a documented discussion in the medical record of the risks and benefits of the proposed treatment. Consent forms are one type of evidence that informed consent has been obtained. A better type of evidence that informed consent has been obtained is documentation in the patient's medical record of a discussion between the physician and patient.