Details:

Alternative Title:
Clin Gov
Personal Author:
Ramanathan, Tara
Description:
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.


Subjects:
[+]
Adverse Incidents And Hospital Acquired Infection Article Environment Of Clinical Practice Health Policy Patient Litigation Quality Safety Culture
Source:
Clin Gov. 19(2):172-180
Pubmed ID:
26855615
Pubmed Central ID:
PMC4741097
Document Type:
Journal Article
Funding:
CC999999/Intramural CDC HHS/United States
Collection(s):
CDC Public Access
Main Document Checksum:
[+]
urn:sha256:fd483e26bd34c121b1cb918b6fa33ba111a41c8a372dbcbba2a2311e5c19eab3
Download URL:
https://stacks.cdc.gov/view/cdc/38036/cdc_38036_DS1.pdf
File Type:

Supporting Files

• nihms-747492.nxml

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