2Overview of the Legal System LawsPrescribe how a person should act in societyCriminal LawConduct in issue is offensive to society in generalIs to punish for the crime and deter and prevent further crimes.
3Overview of the Legal System Civil LawConduct violates a person’s rightsConduct is detrimental to that individualLaw’s purpose:Is to make the aggrieved person whole again, to restore them to where they were
4You are at riskIF YOU ARE A STUDENT OR A LICENSED PT CAN YOU BE CHARGED WITH CIVIL LITIGATION?
5Overview of the Legal Process LiabilityLegal responsibilityA health care worker can be charged with civil or criminal liability depending on the particular circumstances surrounding the case.
6LEGAL ISSUES R/T Psych Tech’s Patient rightsInformed consentConfidentialityMedical recordsInvasion of privacyReporting abuseNegligence and or malpractice
9Very important to your field of practice Legal RelationshipNurse/PT-patient relationshipWhen the nurse/PT assumes responsibility for the patient’s careFailure to provide care to the expected level of expertise gives rise to legal liability.
10Very Important to Remember! The best defense against a lawsuit is to provide compassionate, competent nursing care
11Your major role Legal Relationships Advocate One who will defend or plead a cause or issue on behalf of another.The PT accepts the role of an advocate for the patient even as a student .
12You need to remember this point Regulation of PracticeStandards of CareActs that are permitted to be performed or are prohibited from being performed.
13Overview of the Legal Process Regulation of PracticeThe PT CANNOT use ignorance as an excuse.Every PT needs to know what she or he can and cannot do while providing nursing care. (Standards of care)
14This is your goal: Licensure Regulation of PracticeLicensureAll licensed PT’s must apply for licensure in the state in which they wish to practice.Applicants are carefully screened.Upon approval by the board, the applicant is eligible to take the computerized licensing examination at a testing center.(handout from board listing requirements)
15Overview of the Legal Process Regulation of PracticeLicensureIt can be suspended or revoked (taken away) for unprofessional, unethical, immoral, and/or criminal conduct.(online BVNPT board website for psychiatric technician’s that have been convicted)
17Know this well Malpractice (this will be what you are charged with) Legal IssuesMalpractice (this will be what you are charged with)CommissionDoing an actOmissionNot doing an act
18Overview of the Legal Process MalpracticeElements that must be present:Breach of the duty: The PT fails to perform the duty in a reasonable, prudent manner.Harm occurs: This does not have to be physical injury.
19Overview of the Legal Process Patients’ RightsThe Patient’s Bill of Rights (pg. 24 in book)The major purpose of this regulationThe right to an informed decisionThe right to have a procedure done or the right to refuse it
20Overview of the Legal Process Informed Consent (PG. 26 IN BOOK)A particular treatment decision is based on full disclosure of the facts needed to make an intelligent (informed) decision.Informed Consent must be obtained before any invasive treatment or procedure.Patient needs to be aware of the consequences of refusing the treatment.
21Failure to secure informed consent may result in a charge of civil battery. You can be charged with Civil BatteryUnlawful touching of a person
22CONFIDENTIALITY: extremely important!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! The PT has a duty to protect information about a patientFailure to maintain confidentiality gives rise to legal liabilityHealth Insurance Portability and Accountability Act of 1996 (HIPAA) set rules and limits on who can look at and receive health care information.
23Overview of the Legal Process Medical RecordsMedical records are NOT public documents.The information they contain must be guarded.Records may be used by both parties in a lawsuit to argue facts of the case.All entries in the medical record must be permanent, accurate, complete, and legible.
24Overview of the Legal Process Invasion of PrivacyThe right to be left alone and go unnoticed if the patient choosesLegal liability may occur inExposing the patient’s body parts unnecessarilyDiscussing the patient inappropriatelyDisclosing information about the patientUsing any unauthorized patient information
25You are a Mandatory Reporter Reporting AbuseMandatory reporterThe health care professional is protected from liability when acting in good faith.Child Abuse Prevention Treatment Act of 1973Act made reporting of child abuse mandatory.Health care professionals may face fines and/or imprisonment if they fail to report suspected cases of child abuse.
26Remember How to Avoid a Lawsuit Provide compassionate, competent nursing carePT-patient relationship must be one based on trust and respect.Use open and honest communication.Follow the standards of care and adhere to the scope of practice for a licensed PT.
27Good Samaritan Law: need to know Provides immunity from liability in certain circumstancesEncourages assistance in emergencies occurring outside of a medical facility by providing protection against liability
28What is the difference verses Law and Regulations EthicsCustomsValues
29Can you provide examples? EthicsValues that influence a person’s behaviorAn individual’s feelings and beliefs about what is right and wrongCustomsHabits, ways of actingMembers of a family expected to behave in a certain wayInfluenced by religious teachings
30VALUESValuesPersonal beliefs about the worth of an object, idea, a custom, or an attitudeDevelop over time and change as necessaryInfluences behavior behavior and decisionsLearned through experience, observation, and reasoning
31Ethical Aspects Development of Ethical Principles Ethical Dilemmas Situations that do not have a clear right or wrong answerIdentify the problem.Assess the situation completely.Consider any ethical principles that might apply.
32Ethical Aspects Ethical Principles Respect for Persons All human life is sacred.No one person is more important than another.Each patient has the same worth as another and is always entitled to respect.AutonomyPersonal freedom of choiceA right to be independent and make decisionsPT does not have the right to make decisions for the patient.
33Ethical Aspects Beneficence Doing what is good Nonmaleficence Ethical PrinciplesBeneficenceDoing what is goodNonmaleficenceTo do no harm
34CODE OF ETHICS PT Code of Ethics (PT code of ethics, student syllabus) Serves as a way to regulate the actions of PT’s and gives guidelines for ethical behaviorPromote competent, trustworthy, and accountable health care practitioners in order to safeguard societyMakes the PT a better person/caregiver
35Ethical Aspects Reporting Unethical Behavior Unethical behavior Failing to perform the duties of a competent, caring PTEach member of the nursing profession has a duty to report behavior that does not meet the established standards.
36Ethical Aspects Ethical Issues Right to Refuse Treatment Durable power of attorneyA person to make decisions regarding medical treatment if the patient is unable to make them
37Ethical Aspects Do Not Resuscitate Orders The patient is usually incapacitated with little hope of recovery.Physician will consult with the family before writing a DNR order.PT has a duty to follow the order.
38Ethical Aspects Refusal to Treat The PT cannot refuse to care for a patient because she disagrees with the decisions the patient makes.PT does not have to participate in the procedure but cannot refuse to provide care after procedure.Do not abandon the patient, but ask for another assignment.
39Ethical Aspects Refusal to Treat The PT cannot refuse to care for a person with an infectious disease.Standard precautions should be applied to every patient and therefore the PT is at no greater risk.The patient has the right to receive care and the PT has the responsibility to provide care.