Law as a tool to promote healthcare safety
Clinical Governance: An International Journal
ISSN: 1477-7274
Article publication date: 1 April 2014
Abstract
Purpose
The purpose of this paper is to inform healthcare providers and healthcare facility leadership about the statutory, administrative, criminal, and tort law implications related to preventable harms from unsafe injection practices.
Design/methodology/approach
Review of legal theory and precedents.
Findings
The law can address disputes over unsafe injection practices in a variety of ways. Administrative agencies may hold a provider or facility responsible for preventable harms according to specific statutory and regulatory provisions governing licensure. State courts can compensate victims of certain actions or inactions based on tort law, where a breach of a legal duty caused damages. Prosecutors and the public can turn to criminal law to punish defendants and deter future actions that result in disability or death.
Research limitations/implications
The state law findings in this review are limited to legal provisions and court cases that are available on searchable databases. Due to the nature of this topic, many cases are settled out of court, and those records are sealed from the public and not available for review.
Practical implications
Preventable harm continues to occur from unsafe injection practices. These practices pose a significant risk of disease or even death for patients and could result in legal repercussions for healthcare providers and facility leadership.
Originality/value
This article reviews emerging law and potential legal implications for health care and public health related to unsafe medical practices related to needle, syringe, and vial use.
Keywords
Acknowledgements
This article is a US government work and is in the public domain in the USA. The author would like to thank Joseph Perz, Division for Healthcare Quality Promotion, and Matthew Penn, Public Health Law Program, Centers for Disease Control and Prevention, and David Birnbaum, School of Population and Public Health, University of British Columbia. This article should not be construed as providing legal guidance or advice. Please seek the advice of an attorney or other qualified professional with questions regarding the application of law to a specific circumstance. The findings and conclusions in this article are those of the author and do not necessarily represent the official views of the Centers for Disease Control and Prevention.
Citation
Ramanathan, T. (2014), "Law as a tool to promote healthcare safety", Clinical Governance: An International Journal, Vol. 19 No. 2, pp. 172-180. https://doi.org/10.1108/CGIJ-03-2014-0015
Publisher
:Emerald Group Publishing Limited
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