Civil law is a set of rules where the penalty is monetary rather then jail time.  If you violate civil laws, the person’s whose rights you violated, can take you to court seeking monetary damage. An example from our last blog can be used here:  Mr. Roberts rights were violated when the medical insurance specialist told people in the waiting room that Mr. Roberts was an alcoholic.  Mr. Roberts can file civil charges in court seeking damages from the medical insurance specialist, the healthcare provider, and the healthcare facility that violated his rights.  The medical insurance specialist, the healthcare provider, and the healthcare facility defend themselves against the charges brought by Mr. Roberts by going to court and challenging Mr. Roberts evidence and providing their own evidence proving that Mr. Roberts rights were not violated or at least not violated by the medical insurance specialist, the healthcare provider, and the healthcare facility.  Mr. Roberts would be the plaintiff in this case and the health care facility would be the defendants.  The Plaintiff and the defendants go to court and present their case to the judge and the jury.  The jury listens to both sides and determines the facts.  The jury is said to be the judge of the facts.  The judge also listens to both sides and interprets the law the plaintiff, Mr. Roberts, claims were violated.  The judge is there to be the judge of the law.  Suppose Mr. Roberts claims that the defendants damaged his character, which is saying something that isn’t true that hurts his reputation.  He presents evidence, such as a witness from the office,  to support his claim.   The judge defines the facts that must be proven to support a charge of defamation of character for the jury based on the law.  The jury decides if the evidence that Mr. Roberts presented is legitimate and whether the facts presented support the claims Mr. Roberts is seeking.  If the jury decides in Mr. Roberts favor, then the defendants are guilty.  However, no one goes to jail.  Instead, the jury or the judge decides how much money should be awarded to Mr. Roberts, and which defendants are responsible for how much $$$.

Civil law is the most common type of lawsuit in the Allied Health Industry.  Each day brings new administrative laws and case studies that may change the guidelines and laws.  That is, yeaterday you might be permitted to look at all the information about a patient a tomorrow you may only be allowed to view a portion of that information.  Threfore, it is important to review and adhere to the latest guidelines used by your healthcare facility.  Following these guidelines lessens the chances that you and the healthcare facility will become involved in legal action.

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