Legal and Ethical Responsibilities Chapter 5 Legal and Ethical Responsibilities

5:1 Legal Responsibilities Introduction Criminal law Civil law Tort Malpractice Negligence (continues)

Legal Responsibilities Cont. Criminal Law: focuses on behavior known as crime; deals with the wrongs against a person, property, or society Civil Law: focuses on legal relationships between people and the protection of a person’s rights

Legal Responsibilities Cont. Tort: a wrongful act that does not involve a contract. A tort occurs when a person is harmed or injured because a health care provider does not meet the established or expected standards of care. Malpractice Negligence Assault and Battery (treat vs. touching) Invasion of Privacy False Imprisonment (restricting or restraining freedom) Abuse (physical harm, pain, or mental anguish) Deformation (false statements)

Legal Responsibilities Cont. Malpractice: “bad practice”, the failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession, resulting in injury, loss, or damage to the person receiving care. Negligence: failure to give care that is normally expected of a person in a particular position, resulting in injury to another person.

Legal Responsibilities (continued) Contract: an agreement between two or more parties Components of contract Offer (competent individual offers to be a patient) Acceptance (health care provider examines/treats patient) Consideration (payment made by patient for services) Implied or expressed (continues)

Legal Responsibilities (continued) Legal disability  a person who has a legal disability does not have the legal capacity to form a contract (under age, under influence) Breach of contract Non-English speaking party (translator) Agent (when a person works under the direction of another person, employer is principal and person under employer is agent (continues)

Legal Responsibilities (continued) Privileged communications; confidential information given to health care professional from a patient Health care records Privacy Act: HIPAA Authorization to release health information Health care provider, attorney, insurance company, patient’s family, etc.

Summary States have set rules and regulations Most health care agencies have specific rules, regulations, and standards that vary from state to state Health care worker must know all legalities of what is expected of them

5:2 Ethics Set principles dealing with what is morally right or wrong Provide a standard of conduct or code of behavior Help health care worker analyze information and make decisions

Ethical Dilemmas Frequently created by modern medicine Euthanasia Confidentiality of AIDS diagnosis Aborted fetuses and research Continuing life support Expensive treatments and payment Euthanasia – the painless killing of a patient suffering from an incurable and painful disease  Youth en aze ia (continues)

Ethical Dilemmas (continued) Transplant decisions Legal issues and marijuana Animals and research Genetic research Cloning Stem cell research

Basic Rules of Ethics Save lives and promote health Patient comfort Respect the patient’s right to die peacefully and with dignity Treat all patients equally Provide the best care possible (continues)

Basic Rules of Ethics (continued) Maintain competent skills and knowledge Respect rules of confidentiality Refrain from immoral, unethical, and illegal practices Show loyalty to patients, co-workers, and employers Be sincere, honest, and caring

Summary Study the code of ethics for the occupation you enter Abide by the code Become a competent and ethical health care worker Earns you the respect and confidence of patients, co-workers, and employers

5:3 Patients’ Rights Agencies must have written policies for patients’ rights All personnel must respect and honor these rights American Hospital Association has affirmed a Patient’s Bill of Rights

5:4 Advance Directives for Health Care AKA Legal Directives Purpose  legal documents that allow individuals to state what medical treatment they want or do not want if they are unable to express their wishes regarding their medical care Legal document Two main directives Living wills Durable Power of Attorney (POA) Living Wills – documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal

Advance Directives for Health Care (continued) Patient Self-Determination Act (PSDA) comply with specific requirements (pg. 115) Health care workers must be aware of the act and honor it Health care workers should give serious consideration to preparing their own advance directives

Summary By observing patient rights, health care workers assure patient’s safety, privacy, and well-being, and provide quality care Advance directives must be recognized and respected by health care workers

5:5 Professional Standards Professional Standards – by following specific standards at all times, you protect yourself, your employer and the patient. Perform only those procedures for which you have been trained and are legally permitted to do Use approved, correct methods while performing any procedure Obtain correct authorization before performing any procedure (continues)

Professional Standards (continued) Identify the patient Obtain patient’s consent Observe safety precautions Keep all information confidential Think before you speak and watch everything you say Treat all patients equally Accept no tips or bribes for care you provide If an error or a mistake occurs, report it immediately to your supervisor Behave professionally in dress, language, manners, and actions Always carry liability insurance

Summary Know the legal and ethical implications for your particular health care career Ask questions Request written policies Contact your state board of health or education to obtain all the current regulations and guidelines (continues)

Summary (continued) Follow basic standards listed Protect yourself, your employer, and your patient for whom you provide all the necessary health care