Legal and Ethical HT06 Please follow along with your outline.

A law is a rule of conduct. It is enforced by a controlling authority.

Criminal Law If you break a criminal law you can go to jail! Commonly called a crime. Focuses On wrongs against a person, property, or society.

Examples of criminal law Practicing in a health care profession without a license. Misuse of narcotics Theft Murder

Tort From the French word for wrong. Tort - Wrongful act that does not involve a contract. Called a civil wrong instead of a crime.

TORTS Occurs when a person is harmed or injured because a health care provider does not meet the established or expected standards or care.

COMMON TORTS Malpractice Negligence Assault and Battery Invasion of Privacy False Imprisonment Abuse Defamation

Malpractice Also called “bad practice” and commonly called “professional negligence” Providing improper tx that causes injury to the pt. Causes injury, loss, or damage to the person receiving care.

EXAMPLES of MALPRACTICE A physician not administering a tetanus injection when a patient has a puncture wound. A nurse performing minor surgery without having any training.

Negligence Failure to give what is normally expected of a person in a particular position Results in injury to another person.

Examples of Negligence Falls and injuries that occur when side rails are left down Using or not reporting defective equipment Infections caused by the use of nonsterile instruments and/or supplies Burns caused by improper heat or radiation treatments

Assault Any willful attempt or threat to injure another person.

Battery The unlawful touching of a person without their consent.

Assault & Battery Closely related and often used together Remember that patients must give consent for any care and they have the right to refuse care! EXAMPLES: performing a procedure after a patient has refused to give permission, and improper handling or rough treatment of a patient while providing care.

Informed Consent This means that the pt. understands the reason for their treatment. They must understand: What will be done Who will do it How it will be done Expected outcome They must also understand the alternatives and consequences of not having tx.

Informed Consent Examples: performing a procedure after a patient has refused to give permission and proper handling or rough treatment of a patient while providing care

Invasion of Privacy Unnecessary exposure of the pt. or revealing information about them without their consent.

False Imprisonment Restraining an individual or restricting their freedom without just cause.

Defamation of Character Damaging a person’s reputation by making public statements that are false and malicious! There are two types…

Libel This is when the false information is written.

Slander This is when the false information is spoken.

Abuse Any care that results in physical harm, pain, or medical anguish. Abuse can be classified as three types.

Physical Abuse Hitting, forcing someone against their will, restraining movements, depriving of food or water. It could also mean not providing physical care for a pt.

Verbal Talking harshly, swearing or shouting, teasing, ridiculing or intimidating a person.

Sexual Any unwanted sexual touching Laws in all states require reporting of any form of abuse to the proper authorities.

Psychological Examples: Threatening harm, denying rights, belittling, intimidating, or ridiculing the person; and/or threatening to reveal information about the person

More on Abuse Patients may experience abuse before entering a health care facility Domestic abuse occurs when an intimate partner uses threatening, manipulative, aggressive, or violent behavior to maintain power or control over another person Child abuse is toward a minor Elder abuse is toward an adult

Signs of Abuse Health care providers must be alert to the signs and symptoms Unexplained bruises, fractures, burns, or injuries Signs of neglect such as poor personal hygiene Aggressive or withdrawn behavior Patient statements that indicate abuse or neglect