1.04 -THE LAW- System of Rules 1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues Warm up A student nurse told his roommate about a patient he took care of in the nursing home. Which patient rights legislation was breached? An elderly resident is evaluated for memory, habits and hobbies when admitted to a long term care facility. Which patient rights legislation requires this evaluation? A patient is admitted to the ICU. He is not sure of his prognosis and insists on signing a statement about end-of-life wishes. Which document will he sign? What is someone called when they can make decisions for you if you are not able to? 1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues -Criminal Law- 1.04 Understand legal and ethical issues 3

1.04 Understand legal and ethical issues Criminal Law Protects all people from those who: pose a threat to society. are a danger to the public. Can result in being arrested. Could prevent a person from being employed Criminal background checks. 1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues Criminal Law Assault Any threat or attempt to injure another person with the apparent ability to do so. Example? 1.04 Understand legal and ethical issues 5

1.04 Understand legal and ethical issues Criminal Law Battery Unlawful touching of another person without consent. Example? 1.04 Understand legal and ethical issues 6

1.04 Understand legal and ethical issues Criminal Law Felony A felony is a serious crime punishable by imprisonment or death. A serious crime that carries a penalty of at least one year in prison. Example? 1.04 Understand legal and ethical issues

Criminal Law Misuse of Narcotics Using controlled drugs in a manner other than intended. May relate to: Personal use by healthcare professionals Patient use of prescribed dosage Examples? 1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues Criminal Law Murder Taking another person’s life Different degrees 1.04 Understand legal and ethical issues

Criminal Law Practicing Without a License Individual providing healthcare services without a license Example? Required It’s the law. 1.04 Understand legal and ethical issues

Criminal Law Sexual Assault Rape Forced sexual act by a male against a female Statutory rape: the victim is under age. The consent of the under age person does not matter. The age of the offender does not matter. A minor can be charged with statutory rape. Date rape 1.04 Understand legal and ethical issues 11

1.04 Understand legal and ethical issues Criminal Law Theft Taking another person’s possessions Example? 1.04 Understand legal and ethical issues 12

1.04 Understand legal and ethical issues -Civil Law- 1.04 Understand legal and ethical issues 13

1.04 Understand legal and ethical issues -Civil Law- Involves disputes between people or organizations and protection of people’s rights. 1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues Civil Law -Torts- Wrongful acts, not involving a contract, that result in physical injury, property damages, or damages to a person’s reputation for which the injured person is entitled to compensation for damages done. 1.04 Understand legal and ethical issues 15

Civil Law -Torts- Physical Abuse Examples Depriving of nutrition Hitting Restraining a patient 1.04 Understand legal and ethical issues

Civil Law -Torts- Sexual Abuse Examples Sexual harassment Any unwanted sexual touching or act 1.04 Understand legal and ethical issues

Civil Law -Torts- Verbal Abuse Examples Swearing Talking harshly Teasing 1.04 Understand legal and ethical issues

Civil Law -Torts- Defamation of Character A statement that causes injury to a person’s reputation Examples Libel Slander Slander Libel 1.04 Understand legal and ethical issues

Defamation of Character Civil Law -Torts- Defamation of Character Libel Untrue written statements that cause injury to a person’s reputation 1.04 Understand legal and ethical issues

Defamation of Character Civil Law -Torts- Defamation of Character Slander Untrue spoken statements that cause injury to a person’s reputation 1.04 Understand legal and ethical issues

Civil Law -Torts- False Imprisonment Examples: Doctor refuses to let patient leave the hospital Restrain a patient without a doctors order Pharmaceutical restraints A person is confined or retained against his/her will 1.04 Understand legal and ethical issues

Civil Law -Torts- False Imprisonment Examples Pulling side rails up where the patient can’t get out of bed without a Doctors order. Restraining them with a posey vest or wrist restraints without a doctors order. Not discharging a patient when they want to leave. 1.04 Understand legal and ethical issues

Civil Law -Torts- Invasion of Privacy Unnecessary physical exposure of a patient Example- not pulling a curtain when doing care Make personal information public without the consent of the patient Example- tell your roommate about the patient you took care of. 1.04 Understand legal and ethical issues

Civil Law -Torts- Malpractice Providing bad care, resulting in injury. Example- cutting off the wrong leg Act of Commission Example- not telling a patient that you took off the wrong leg. For example: Medical errors Inaccurate diagnosis Failure to diagnose a condition Lack of informed consent Mistakes during surgery Medical instruments left inside patients during surgery 1.04 Understand legal and ethical issues

Civil Law -Torts- Negligence Failure to provide care that is normally expected, resulting injury to the patient. Example- Not changing a residents diaper and they get diaper rash. Act of Omission Examples: Health Care worker forgets to lock the brakes on a wheelchair and patient is injured 1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues Reasonable Care The legal obligation of healthcare professionals to provide care according to the standards of practice expected within their community for healthcare professionals. Ex. all physical therapists follow the same guidelines for ROM exercises Failure to give reasonable care- not answering call lights 1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues Processing Someone was fired from a medical practice and has been making negative and untrue statements about the physicians. What could the person be charged with? You failed to answer a resident’s call light. What patient right did you violate? A celebrities medical records were viewed by unauthorized personnel. Which tort was committed? A doctor leaves 2 sponges and a pair of scissors in a patient after surgery. What tort was committed? Mike is charged with selling drugs he stole from the nursing home he works at. He is sentenced to 5 years in prison. What type of crime is this? You called a resident an “old geezer” and he is suing you. What is the suit? What will you be charged with if you shoot and kill someone? You have not passed your state mandated exam to practice medicine but you open your practice anyway. What can you be charged with? Is stealing considered civil law or criminal law? You are providing care to according to your standards of practice as a CNA. What is this called? 1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues October Baby http://www.netflix.com/WiPlayer?movieid=70229273&trkid=13463398&t=October%2BBaby&tctx=0%2C20%2C50846f57-61ca-4258-b0c1-7963e46e44b4-3149763 1.04 Understand legal and ethical issues