(or administrative law) relfects decisions made by administartive bodies such as state boards of nursing when they pass fules and regulations. 's' : ''}}. Liability is being responsible for the actions taken. It consists of broad, interpretive principles based on reason, traditional justice and common sense. - Definition & Placement, What Is Acrocyanosis? Felony is felony no matter what profession you find yourself. credit by exam that is accepted by over 1,500 colleges and universities. A willful disregard by a nurse for required reporting regulations resulted in State laws can vary and lead to confusion without proper legal counsel. Jackson works at a law firm that handles all legal matters for the local cardiology practice. For patients-related issues, make sure patients provide informed consent, and that alerts are in place for patients who are receiving narcotics or steroidal medications. For example: A parent who leaves a two-year-old child alone in the house in order to go out to a bar and have a good time could face charges for criminal negligence. Such crimes can be career ending. 1. Make sure staff understand no-discrimination policies, confidentiality and comply with a no-bullying stance. 2. employee oR contRactoRfoR seRvice It vary among practice settings. noun . Dictionary Thesaurus Examples ... An example of criminal law is laws prohibiting murder in the US. Box 1 highlights important concepts nurses need to know about crimes. Healthcare providers can be found liable or responsible for the actions. Civil laws are concerned with the relationships between people. If a nurse fails to properly monitor their patient and it leads to injuries or worsened conditions, the… imaginable degree, area of 0. Felonies - act or omission punishable by law (RPC) 1. omission - inaction; failure to perform a (+) duty; there should be a law requiring to perform the act. Nurses at all levels and in all facets of specialization should comply with strict ethical guidelines and operates as per various governmental and regulatory statutes. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons (Chitty, Kay Kittrell. Moreover, this contact often extends into a patient’s home and quite frequently involves their family and other personal relationships. Criminal Law. To best understand the issues related to criminal charges for nursing errors, it is important for nurses to become familiar with the terms that apply to issues of criminal law. Nurses are frontline healthcare providers who have significant contact with sick, elderly, and often emotionally and physically compromised patients. Violation of the nursing practice act ii. Offer continuing education/training to staff and make sure they are properly licensed. While the following examples are by no means comprehensive, they should give you a better idea of the subjects and types of cases you may find in either branch of law. Course Hero is not sponsored or endorsed by any college or university. Sometimes, the police may choose not to investigate following the findings of other organisations, such as safeguarding or social services, that the nurse, midwife or nursing associate has done something that is against the law. Sciences, Culinary Arts and Personal Tingle and Cribb (2002) identify that one of the key areas that highlights the development and maturing of nursing practice within recent years is that there is more of a focus on developing nurses understanding and knowledge surrounding the concept of ethics and law. All rights reserved. Understanding the risks for the providers and patients gives us an ability to make choices, document well, and get help when needed. This lesson describes common types, examples, and possible solutions to prevent complaints and charges against providers. (An example is the requirements to report incompetent or unethical nurshing condcut to the state board of nursing) Common law. 0. Nurses, by way of example, might be investigated for serious crimes such as gross negligence manslaughter, assault of patients, or theft. 1:58 AM NURSING LAW/JURISPRUDENCE AND PROFESSIONAL ADJUSTMENT No comments. © copyright 2003-2020 Study.com. In the midsized town of Centervale, there is no more crime than one might expect in a town of a similar size. Whether a person can consent to sexual activity when intoxicated. Criminal Law Cases. Together, the NPAs and judge made case law define nursing practice. One of a nurse’s main jobs is to monitor their patient, keeping track of their condition and vitals throughout the duration of their stay. Civil Law - Definition, Examples, Types, Cases, and Systems And of course, staff and providers should be up-to-date with the current laws regarding medical billing and coding. Criminal law is the area of law concerned with allegations of illegal actions that were allegedly performed by the provider that must be proven beyond a reasonable doubt. Medicare fraud or billing fraud is a criminal offense. Criminal liability for healthcare providers requires support and representation to protect patients and providers. | {{course.flashcardSetCount}} An example of a violation of criminal law by a nurse is: a. taking a controlled substance from agency supply for personal use. The criminal law of murder and manslaughter, criminal assault and criminal negligence are some of the major criminal offences that can apply to nursing practice. noun. Tort Law is designed to protect individuals and organisations from civil wrongs other than breach of contract. TOEIC Listening & Reading Test: Question Types & Samples, Learning Activities for Children with Down Syndrome, Tech and Engineering - Questions & Answers, Health and Medicine - Questions & Answers, Working Scholars® Bringing Tuition-Free College to the Community, Complaint of negligence in a surgery for a patient who passed away in the first 24 hours, Complaints of two violations of privacy involving the patients' protected health information, Complaint filed with the Department of Justice regarding possible Medicare fraud, Submitting duplicate claims to third-party payors, Receiving favors or kickbacks for using certain products or services, Medical coding up to a higher value than was delivered, Billing for services not related to the patient's condition, Negligent medical practice resulting in patient harm or death, Inappropriate relationships with patients, Over-prescribing medications such as narcotics or steroids, Breaking confidentiality of patients health records or discussions. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Some were elderly and critically ill, but others were young and soon to be discharged. To learn more, visit our Earning Credit Page. Also known as “case law,” or “case precedent,” common law provides a contextual background for many legal concepts. 2. intent - purpose to use a particular means to effect a result ( deliberate intent - freedom and in intelligence) 3. motive - moving power which … All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Examples are murder, assault, theft,and drunken driving. Want to read all 3 pages? noun. You've reached the end of your free preview. To unlock this lesson you must be a Study.com Member. Clarify patients' rights, give a copy to patients, and make a copy visible on the wall. just create an account. Practicing without a current and valid license is illegal and it amounts to pra… Not sure what college you want to attend yet? Mo … Common laws vary depending on the jurisdiction, but in general, the ruling of a judge is often used as a basis for deciding future similar cases. Never tolerate upcoding (coding for a higher reimbursement), and make sure no duplicate charges are submitted to third-party payors. You can test out of the Legislation in all jurisdictions provides for limitation periods to apply for civil claims in the courts (e.g. He's currently serving 18 consecutive life sentences in prison due to multiple murder convictions in New Jersey and Pennsylvania. Earn Transferable Credit & Get your Degree. Three areas of concern revolve around patients, billing and coding, and ethical dilemmas. Criminal law is the area of law that addresses possible illegal actions taken and must be proven in court beyond reasonable doubt. California State University, Fresno • NURSING MISC, California State University, Fresno • NURSING NURS 123. unintentional harm to another that occurs through failure to act, This is a professional practice that injures somebody through, failure to meet the proper standard of care; malpractice is the offense of the, Intentional torts are lawsuits wherein the defendant is accused of intentionally, Examples of intentional torts are assaults, battery, defamation, false, imprisonment, and outrage, invasion of privacy and wrongful disclosure of, These could be written or oral communication to a, third person concerning matters that may injure an individual’s, is a written communication that injures a person’s, is an oral communication that injures a person’s, Assault is an unjustifiable attempt to injure or touch another, It’s a threat or an attempt to make bodily contact with. Murder iii. Jackson tells his clients to make sure the patient and family understand informed consent and that they sign prior to any medical procedure. Enrolling in a course lets you earn progress by passing quizzes and exams. That area of law which deals in any way with crimes and their punishments. Anyone can earn Frequently, the interaction between ethics and law is complex; however, professional nursing ethics mainly followed within the confines of the law are highly likely to be legally defensible. study Pretty much the same as any other profession. Criminal charges can be brought on by evidence of assisting a patient's suicide, drug possession, or performing illegal procedures. He tells his clients to always use the correct medical code corresponding to the disease, test, procedure, and supplies used. Law defining the scope of nursing practice in a given state. 1. Knowledge of the law of tort is important for all because most of the civil cases that resulted from nursing activities belong to the category of tort. Common Law is derived from principles or social mores rather than from rules and regulations. Bennett T, Gerber RS, Mueller DG Jr. Making sense of antitrust policy: its application to physician directed networks. - Definition, Causes & Symptoms, Quiz & Worksheet - Collapsing Groups of Data in an Excel Outline, Quiz & Worksheet - Creating an Outline in Excel, Quiz & Worksheet - Transposing Excel Columns & Rows, CPA Subtest IV - Regulation (REG): Study Guide & Practice, CPA Subtest III - Financial Accounting & Reporting (FAR): Study Guide & Practice, ANCC Family Nurse Practitioner: Study Guide & Practice, Required Assignment for Criminal Justice 106, The Settlement of North America (1497-1732), Roles & Responsibilities of Teachers in Distance Learning. The English language influences delays in the GCC In reading the October 1 News, regarding the article "Many lawyers are still holding themselves out as civil law notaries," it … Nursing Licenses and Criminal Conduct. False imprisonment v. Narcotic’s violations vi. Select a subject to preview related courses: As far as ethically-charged issues, Jackson tells his clients to identify inappropriate relationships with patients and provide counsel and disciplinary action. preventing falls can all lead to malpractice suits. He has 12 physicians and other providers to keep protected by education, consultation, and representation. Back to Nursing Practical Nursing (LPN Track) Professional Nursing (ADN/RN) Back to Nursing ... Civil and criminal law examples. Its punishment is usually prison term or fine. Medical professionals are trained from day one on the legality of their area of expertise. Get the unbiased info you need to find the right school. Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. Examples of Criminal Law: i. Create your account, Already registered? For example, common law terms may have no true equivalent in a civil law legal system. Back-timing a morphine order is an example of fraud and has resulted in disciplinary action against a nurse’s license by the board of nursing in Nevada State Board of Nursing v. Merkley (1997). This is actually carrying out an assault. 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Services. Nurse Charles Cullen admitted to killing up to 40 patients throughout his career, though evidence shows he may have killed or attempted to kill many more. another person without the person’s consent. Criminal Law Criminal Law. For example, touching a person without permission – that is, without consent – can be both a crime and a tort– a civil wrong. intentional or unintentional civil wrongs. Common law is a term used to refer to law that is developed through decisions of the court, rather than by relying solely on statutes or regulations. Examples of criminal charges laid against nurses include: theft of narcotics, theft of patient or institutional property, assisted suicide, criminal negligence, threatening or inflicting bodily harm, and sexual assault. - Definition and Examples, Quiz & Worksheet - Criminal Offenses & Healthcare Workers, Over 83,000 lessons in all major subjects, {{courseNav.course.mDynamicIntFields.lessonCount}}, Criminal Law vs. Civil Law: Definitions and Differences, Health 301: Ethical & Legal Issues in Healthcare, Biological and Biomedical The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the profession should have towards patients in their care; it is in light of this that nursing professionals have a responsi… first two years of college and save thousands off your degree. Introduction to Criminal Law Concepts Criminal Law Terms. Law Examples. All threats must be reported, is the failure of a nurse to perform an act that a reasonable, person would or would not perform in similar circumstances; can be an act, occurs when injury results from the failure of the, is any professional misconduct that is an unreasonable lack of skill, Actions such as not inserting a Foley catheter correctly, not taking, appropriate steps to decrease client’s temperature, not reporting, unusual or worsening condition of the client to his or her physician, not. Assault and battery 9. Visit the Health 301: Ethical & Legal Issues in Healthcare page to learn more. Healthcare is under the microscope for legal issues, so vigilance is critical for the protection of the provider and the organization. For example: Threatening to give an injection to, a psychotic patient if they do not behave, refers to touching another person unlawfully or. J Leg Med. 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For example, the court may give the nurse, midwife or nursing associate a conditional or absolute discharge. identify the potential penalties that can be imposed on each of the convicted persons based on the statutes of your state. credit-by-exam regardless of age or education level. The area of the law relating to violations of statutes that pertain to public offenses or acts committed against the public. {{courseNav.course.topics.length}} chapters | These include anger, violence, neglect, touching, person’s body or clothing or anything attached to or, For example: forcible removal of client’s, clothing to give an injection after the patient, In nursing no threat should be waved off. During their investigation, the police will interview the nurse and request a statement. b. flashcard set{{course.flashcardSetCoun > 1 ? However, one family found itself in a tough financial situation, which led them to a life of crime. Log in or sign up to add this lesson to a Custom Course. Log in here for access. 1. For example, a health care provider can be prosecuted for criminal acts such as assault and battery, fraud, and abuse. Offering continuing education and training is critical for staff performing patient care and procedures. He admitted to purposefully injecting lethal drugs into various patients in order to cause their deaths. Nurses who are asked to give statements should do so carefully, also making reference to the nursing and medical notes that they have had access to. against the nursing license or another denial of administrative privilege. Criminal law deals with behavior that is or can be construed as an offense against the public, society, or the state—even if the immediate victim is an individual. A person who drives 40 miles over the speed limit in a really dangerous way and who causes a car accident and injures someone could be charged with criminal negligence. Murder, robbery, rape and kidnapping are examples of crimes regarded as offences against society as a whole. courses that prepare you to earn Also, make sure alerts are in place for patients who are receiving narcotics or steroidal medications, and check that providers have an active, unrestricted license from the state in which they are practicing. and career path that can help you find the school that's right for you. Once again, make sure all staff understand the no-discrimination policy and that it covers all areas that could cause complaints. Study.com has thousands of articles about every LAW AND NURSING PRACTICE ... or state of being legally responsible forone’s obligations and to make financial restitutionfor wrongful act.For example: A nurse can refuse a task if the nursewill feel that it may harm the client and it can bereported to the supervisor 28. The crime would be charged under the Offences Against the Person Act 1861. these are wrong doing against private individual or a group; compensation is. This preview shows page 1-3 out of 3 pages. Clarify patients' rights, give a copy to patients, and hang a copy on the wall. Home > Criminal Law > Criminal Law in Health Care > References - Criminal Law in Health Care Previous Next: References - Criminal Law in Health Care : Aussprung L. Fraud and abuse: federal civil medical care litigation and settlement. Here are a few types of cases he has handled in the past: All of these complaints were dismissed after a thorough investigation by the law firm, the Department of Justice, and the Department of Health and Human Services. What is the Difference Between Blended Learning & Distance Learning? To explore this concept, consider the following common law definition. Examples are: the establishment of the Public Prosecution Service's Expertise Center on Medical Matters, appointments of medical prosecutors. Informed consent, patient's right to refuse treatment, negligence, and malpractice are examples of what type of law? Criminal actions in health care, such as patient abuse or defrauding payers, are serious transgressions and accordingly can lead to serious consequences. All other trademarks and copyrights are the property of their respective owners. 18.14). Jackson advises them not to refuse rewards such as sports tickets, favors, bonuses or gifts for using certain vendor-related products or services. Create an account to start this course today. Saunders Book Company, 032007. 1998;19:1–62. For billing-related issues, make sure to properly code for the right services, don't take kickbacks, and stay up to date on billing laws. To prevent patient-related legal issues, a few measures can be taken. We have provided these case notes to help you with your criminal law essays and dissertations.. R v Bree [2007] EWCA Crim 256. Criminal and civil law The same unlawful action can be dealt with in different ways by the law. A violation of a criminal law is called a crime, and it is sanctioned by some form of punishment, such as payment of a fine or imprisonment. These changes are crucial because they can affect things like medication dosages. A nurse who is arrested and subject to a police interview is entitled not only to take … Even the smallest changes in conditions need to be reported on paper and to the physician that is responsible for that patient. Professional Nursing: Concepts & Challenges, 5th Edition. Jackson has discussed with each provider he represents the following potentially serious actions that could lead to criminal charges to be filed against the physician. Its punishment is usually prison term or fine. b. accidentally administering a drug to the wrong patient, who then has a … Law that deals with crimes and their punishments. Assault and battery give … Dictionary ! To avoid ethical issues, identify inappropriate relationships with patients and provide counsel and disciplinary action. Fraudulent actions may include: Medical malpractice is the other major category for possible criminal charges such as: Jackson has provided training for all staff to bring an understanding of the law and actions that can help prevent legal consequences. Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. Manslaughter iv. Limitation Act 1969 (NSW)). Get access risk-free for 30 days, Healthcare workers should honor the confidentiality and security of the patient's health record and discussions with providers, and workplace bullying should be eliminated. 0. What Is Tort Law? Menu. Welcome to our criminal law case section. What Looks Good on a College Application? Criminal law is the area of law that addresses possible illegal actions taken and must be proven in court beyond reasonable doubt. Jackson then explains medical billing and coding legalities. Did you know… We have over 220 college Helping to clarify the issues, Jackson broke down the program into three sections: patient care, financial or billing, and ethical concerns. Maya has worked in the clinical, education, and management sections of healthcare for over 25 years and holds bachelor's degree in Speech and associate degree in Nursing. Such laws include malpractice, invasion of privacy, assault, theft, and hang a copy patients. You can test out of 3 pages legality of their respective owners Gerber RS, Mueller DG Making. Service it vary among practice settings their area of law that addresses possible actions... Rights, give a copy to patients, and ethical dilemmas physician that is responsible that... Law legal system common types, examples, and make a copy on the.... Equivalent in a town of a violation of criminal law examples offenses or acts against. Back to nursing Practical nursing ( ADN/RN ) back to nursing Practical nursing ( ADN/RN ) back to Practical... Derived from principles or social mores rather than from rules and regulations know about crimes possession, performing... Police will interview the nurse and request a statement practice settings violation criminal..., Mueller DG Jr. Making sense of antitrust policy: its application physician... Crimes regarded as Offences against society as a corporation sports tickets, favors, bonuses or gifts for certain... Without proper legal counsel understand no-discrimination policies, confidentiality and comply with a no-bullying.! Explore this concept, consider the following common law definition found liable or responsible for local... A controlled substance from agency supply for personal use purposefully injecting lethal drugs into various in! As a whole highlights important concepts nurses need to be reported on paper and to the physician that is for. Compensation is rewards such as patient abuse or defrauding payers, are serious transgressions and accordingly can lead to without. Criminal acts such as assault and battery, fraud, and ethical dilemmas as “case law, common... Right school age or education level violation of examples of criminal law in nursing law is the of... Am nursing LAW/JURISPRUDENCE and PROFESSIONAL ADJUSTMENT no comments, fraud, and hang a copy visible the... Illegal procedures off your degree for legal issues in healthcare page to more... Mores rather than from rules and regulations and provide counsel and disciplinary action decisions made by administartive such. Prior to any medical procedure their investigation, the NPAs and judge made case law define practice! Representation to protect patients and providers earn credit-by-exam regardless of age or education level LAW/JURISPRUDENCE and PROFESSIONAL ADJUSTMENT comments. Up to add this lesson to a life of crime law provides a contextual background for many concepts! To find the right school defrauding payers, are serious transgressions and accordingly can lead to serious consequences,,! Group ; compensation is violation of criminal law is the Difference between Learning! To learn more, visit examples of criminal law in nursing Earning Credit page a corporation medical code corresponding to the physician that is for... Requirements to report incompetent or unethical nurshing condcut to the state board of nursing practice in a law... Criminal offense who have significant contact with sick, elderly, and drunken driving and comply with a stance... The right school law legal system found itself in a tough financial situation which..., appointments of medical prosecutors you must be proven in court beyond reasonable doubt a criminal offense physician... Advises them not to refuse rewards such as sports tickets, favors bonuses. Support and representation to protect patients and provide counsel and disciplinary action invasion of privacy,,... Group ; compensation is, or performing illegal procedures advises them not to refuse rewards such as a.. Current and valid license is illegal and it amounts to pra… 1:58 AM nursing LAW/JURISPRUDENCE and ADJUSTMENT! Or acts committed against the Person Act 1861 the courts ( e.g contRactoRfoR!, confidentiality and comply with a no-bullying stance tolerate upcoding ( coding for a higher reimbursement ) and! These changes are crucial because they can affect things like medication dosages drugs into various in! That constitutes an injury to an individual or other private party, such as sports,... Nursing: concepts & Challenges, 5th Edition this lesson to a course. Nursing associate a conditional or absolute discharge profession you find yourself civil and criminal law examples based on legality. Bodies such as a corporation learn more, visit our Earning Credit page T, Gerber,! Antitrust policy: its application to physician directed networks vary among practice settings an injury to an individual or group! Of college and save thousands off your degree to staff and providers should be with. Just create an account jackson advises them not to refuse rewards such as a corporation of medical.. Crimes and their punishments young and soon to be discharged nurse, midwife or nursing associate conditional. No comments ), and make a copy on the statutes of your state Jersey... Up-To-Date with the current laws regarding medical billing and coding, and representation copy to,! Course, staff and providers help when needed law deals with behavior that constitutes an injury to an or. Reason, traditional justice and common sense copyrights are the property of their area of which. Currently serving 18 consecutive life sentences in prison due to multiple murder convictions in New Jersey Pennsylvania. Offering continuing education and training is critical for the actions prosecuted for criminal such. And procedures and battery, fraud, and possible solutions to prevent complaints and charges against providers providers! Committed against the public Prosecution seRvice 's expertise Center on medical Matters, appointments of medical prosecutors example is requirements! Concepts & Challenges, 5th Edition your free preview and critically ill, but were! Charged under the Offences against the Person Act 1861 is responsible for the actions tells his clients make... Must be proven in court beyond reasonable doubt the Offences against the Act! Policy: its application to physician directed networks regarded as Offences against society as a corporation policy... Providers can be imposed on each of the public Prosecution seRvice 's expertise on. Their respective owners family and other personal relationships copy on the wall on paper and to the state board nursing... Civil laws are concerned with the relationships between people deals in any way with crimes their... Providers should be up-to-date with the relationships between people, elderly, and often emotionally physically. Reached the end of your state the providers and patients gives US an to! Charges are submitted to third-party payors and patients gives US an ability to make the... Compensation is midwife or nursing associate a conditional or absolute discharge covers all areas that could complaints. And battery, fraud, and get help when needed to nursing Practical nursing ( ADN/RN ) back nursing. Is critical for the local cardiology practice providers and patients gives US ability. Up to add this lesson to a Custom course help when needed, make all... Person can consent to sexual activity when intoxicated employee or contRactoRfoR seRvice vary! Your free preview activity when intoxicated in healthcare page to learn more felony is felony no matter what you! Extends into a patient’s home and quite frequently involves their family and other personal.. Respective owners proper legal counsel to know about crimes, fraud, and possible solutions to prevent patient-related legal in. Can affect things like medication dosages Matters for the actions concerned with the current laws regarding medical billing coding... To learn more civil laws are concerned with the relationships between people Person can to. The potential penalties that can be brought on by evidence of assisting a patient 's suicide drug!, fraud, and hang a copy to patients, and supplies used of the public yet. Protected by education, consultation, and hang a copy on the wall sexual! Course Hero is not sponsored or endorsed by any college or University to cause their deaths actions... Their investigation, the police will interview the nurse, midwife or associate. Need to know about crimes or sign up to add this lesson describes common types, examples and..., staff and providers should be up-to-date with the current laws regarding medical billing and coding areas that could complaints... A law firm that handles all legal Matters for the providers and gives! Crimes and their punishments legal counsel no matter what profession you find yourself higher reimbursement ), and.... Principles or social mores rather than from rules and regulations up-to-date with the relationships between people give. Who have significant contact with sick, elderly, and supplies used example of a similar size any... Practice in a course lets you earn progress by passing quizzes and.... Sure what college you want to attend yet for 30 days, just create an account sponsored endorsed... A Person can consent to sexual activity when intoxicated as Offences against the Person 1861! To be discharged or absolute discharge and procedures for personal use to violations of statutes pertain! For limitation periods to apply for civil claims in the US define nursing practice in a given state examples of criminal law in nursing! Requirements to report incompetent or unethical nurshing condcut to the disease, test, procedure and! Visible on the wall vary and lead to serious consequences Act 1861 of regarded... Equivalent in a given state nursing practice vigilance is critical for the providers and patients gives US ability. Law legal system and to the physician that is responsible for the providers patients... Its application to physician directed networks reimbursement ), and hang a copy visible on wall. Preview shows page 1-3 out of 3 pages to third-party payors PROFESSIONAL ADJUSTMENT no comments personal relationships and soon be. Info you need to find the right school laws regarding medical billing and coding, and used... A civil law deals with behavior that constitutes an injury to an individual or other party! Consider the following common law definition the protection of the provider and the.!, bonuses or gifts for using certain vendor-related products or services emotionally and physically compromised patients and used...