Background
A legal health check is a screening tool that assists frontline services to encourage patients/clients to self-identify potential legal problems that may be adversely impacting their social determinants of health, and connect them to community legal supports.
There may be multiple underlying drivers of clinical presentations to health services as well as social presentations. As many community members are not well supported to identify legal issues, a legal health check can play a significant part in primary prevention of chronic health issues, as well as a response to an established ongoing health conditions.
When you introduce a health check you should make sure you include:
- Purpose – why you want to do it?
- Explanation – what is it? How does it work?
- Consent to proceed – ask permission to continue.
You should use language that is natural to you, and accessible to the patient.
There is no prescribed wording but some examples are noted below.
- You may also want to let the patient know that the information they share will be private and confidential, and that they do not have to accept a referral.
- If you intend to take notes, be clear on the purpose of those notes and whether they will be stored or destroyed at the conclusion of the discussion.
- “We know that many women who present to [the Emergency Department] often have a lot of competing demands/are balancing a lot of things.
We work closely with the women’s legal service, and offer a legal health check to make sure we identify whether we can help with any non-medical issues that might be impacting your health and wellbeing.
Are you open to having a short discussion about this? I would ask you some general questions – you don’t need to go into any detail in your responses. If there are some legal issues that come up, we can talk about how we can get a lawyer to see you to talk in more detail”
- “Lots of women who come through [the Emergency Department] have a lot they manage outside of the hospital. Do you mind if we have a chat/yarn about some of the things that might be going on for you? I’d like to see if I can help identify any legal issues you might be able to get some help with”
- “We noticed lots of women coming to [XXX] had legal issues which were hard to identify. We’ve started offering a legal health check – this is like a general health check but focuses in on life stressors that might have a legal issue underneath. Would it be ok if I ask some broad questions to see if we can offer you a referral for some legal support?”
- “Lots of people don’t realise that some of their day-to-day stressors are related to a legal issue, and that they might be able to access free legal advice and support. We’re working with the women’s legal service to offer free legal health checks for patients. Are you interested in having a quick chat about some broad topics that might be of concern, to see whether we can connect you for further support?
If patient declines the legal health check, let her know she can change her mind later.
“That’s ok – you can change your mind at any time. I’m happy to come back and have another chat. Or if you already know that you want to see a lawyer, I can connect you whenever you are ready”.
- Like all screenings, a legal health check should be conversational
- It is not an interview or an interrogation – remember to focus on how the patient might feel and be aware of the impact of the environment and other people.
- Efforts have been made to formulate the questions in plain English so that they can be read out loud, however you should feel welcome to use language that comes naturally to you
- Depending on your relationship with the patient, and the context of the presentation, you may choose to focus on specific areas
- Depending on the time available and engagement with the patient, you may choose not to ask all of the questions listed in each category
- Focus on the broader questions to begin with, before proceeding with more specific questions however you do not need to have asked all the questions to provide an effective referral