The following paragraph will illustrate the definitions and distinctions of criminal violations, along with a discussion of its potential effects in the health care profession. This paper will attempt to justify the reasons why health care law has been implemented the safeguard the interests of the patients from the negligence and wanton lack of care of some health care providers.
This will also support the idea that the healthcare industry abides by the stringent standards of safety and accuracy, whereby quality care is its primary aim to provide. The succeeding paragraph will define misdemeanor from a felony and will illustrate how these violations occur in the health care industry. This paper will also elaborate on the punitive measures that regulate the occurrence of this criminal act in the health care setting.
In criminal law, misdemeanors are mere infractions of a statute whereby the consequences of a particular act does not rise up to the level that harms the safety and welfare of the society.
These acts or infractions are generally punishable with not less than 12 months of incarceration. An example of these act are petty theft, disorderly conduct, traffic violations, trespass, vandalisms and so on. In the health care industry, such crime would present itself most commonly in circumstances involving newly hired employee where back ground check is not thoroughly done (Barker, 1999. p. 1).
Felonies on the other hand are those acts which are consequential of producing peril to life and property with its danger rises up to a level where society is harmed (LawInfo. 2006). The characteristics of a felonious act are intense, grave and serious whereby its commission is punishable by not less than a year of incarceration or by death depending on the degree of severity.
Applying these crimes and enforcing their punitive measures in the health care setting is but necessary to safeguard the rights of every person to safety and security at all times, whether they are patients or health care providers.
The impact of the health care law warrants the standards of services provided to patient where full responsibility is assumed by the health care provider to ensure patient’s wellness, thus assuring appropriate effective means to restore well being. This law regulates the occurrence of error in the health care setting as each healthcare professional would be mind full of his/her task in order to avoid any litigation (Manning, 1998).
On the other hand, the healthcare law also elevates the performance standards of the health professionals by identifying and enforcing ethical guidelines (e.g. code of professional conduct) that defines the manner with which they administer their duties. Instances of negligence and malpractice among health professionals and untimely death due to errors and accidents are thus avoided.
The over all potential impact of health care law promotes academic proficiency, competence and efficiency among health care professionals.
This law protects the patient’s right to receive excellent quality of care and ensure their safety at all time. It simply advocates the idea that where business involves life, it should never be taken for granted, like in the case of HMOs, medi-care and Medicaid whereby fraudulent act could be punishable by license revocation for those health care providers who commit negligence (Gangemi. 2006. p.1)
Barker, K. (1999). Felon’s dream job: scant screening, lots of easy marks. Seattle Times
published wednesday, December 15, 1999. Retrieved online on 07 Nov. 2006 from:
Gangemi, J. (2006). “A Small Biz Health-Care Headache”. Business Week Online, Published
Online Nov. 06, 2006. Retrieved on 07 Nov. 2006 from:
Law Info. (2006). Felonies and Misdemeanor Info – Criminal Lawyers. Retrieved on 07 Nov.
2006 from: http://www.lawinfo.com/index.cfm/fuseaction/Client.lawarea/categoryid/137
Manning, Williams and Bill (1999). “Health Law Resources”. Last updated Jan 18, 1998.
Retrieved on 07 Nov. 2006 from ; http://www.netreach.net/~wmanning/