Public law (Criminal Law) is a theory of law that governs the different relationships between the state and the individual. This is who is considered to be either a citizen or a company. Criminal law has to have evidence that is beyond reasonable doubt, which means that a person is very likely of commenting that certain crime (Kilpatrick, 2000). Public law covers three sub-divisions which are constitutional, administrative and criminal law.
To understand how public law works, knowing what each sub-division stands for helps. * Constitutional law is the different branches of the state which are executive, legislative and judiciary. * Administrative law is regulations of international trade, manufacturing, pollution, taxation. * Criminal Law engages in state imposed sanctions for certain individuals in order to achieve justice and social order. Private law (Civil Law) is a private bill that is passed into another law. Private law is a body of law that governs private persons, their property and relations which do not concern the state (Conjecture Corporation, 2011). Cases that are under private law must contain preponderance of evidence to have a determination of a guilty verdict.
This kind of law targets individuals and corporations, which is unlike public law. Public law has much more of a broader capacity, and as which it affects the general public. Tort Law provides coverage for private or civil wrongful doings that can damage a person or a person’s property. Contract Law is a promise and an agreement between two or more people for a specific action of some kind. In the health care field, it is more likely to see a healthcare employee involved with a civil law, like a tort or contract law (Conjecture Corporation, 2011).
Health Information Management Technician and the Judicial Process When a health information management technician plays a role in judicial process it is maintaining medical records that may be exploited by an attorney. A health information technician must be very familiar with how the state and federal law regulations are written and how the Privacy Rule of the Health Reinvestment Act (ARRA) (Johns, 2010).
ARRA provides certain changes to the original HIPPA stipulations. Health information provides a great deal of evidence to legal processes, its important for a health information technician to have knowledge of health information in judicial proceedings (Johns, 2010). HIT roles usually engage copying health records for judicial proceedings. Civil or criminal lawsuits can be obtained for this action. How the Medical Record is used in the Legal System
There are many reasons why a person’s medical record is needed for a legal reason in the legal system. An attorney of a patient, physician or another individual has the legal right to use a person’s medical record for the purpose to gain legal action for a client. To obtain a person’s medical record there has to be a subpoena served and most cases the patient has to give permission for the release of the document. The following are reasons for a medical record to be used in the legal system by an attorney: * Proof of injury for an assault in a criminal case.
* Medical malpractice claims. * Evidence of injury in civil cases. * Proof of spousal incapacity in divorce cases for alimony claims.
References Conjecture Corporation. (2011). Private law . Retrieved from http://www.wisegeek.com/what-is-private-law.htm Johns, M. L., (2011). Health Information Management Technology: An Applied Approach 2011 AHIMA, Chicago, IL Kilpatrick, D. G. (2000). Public law. Retrieved from http://www.musc.edu/vawprevention/policy/definition.shtml