Legal and Ethical Responsibilities

Have You Ever… Been Part of a wrongful act? Wondered if something is “ethically” correct? Second Guessed whether or not something should be occurring?

Introduction In EVERY aspect of life there are certain laws and legal responsibilities Made to protect you and society Ex: Traffic Laws

Legal Responsibilities LAW: rule that MUST be followed Created and enforced by federal, state, and local government Health care workers must follow and laws affecting healthcare REQUIRED to know and follow state laws regulating their license and registrations or that set standards for their profession

Two Main Types Of Laws Criminal Law Civil Law Focuses on behavior known as crime Deals with wrongs again a person, property or society Examples Practicing in health profession without having required license Illegal possession of drugs Misuse of narcotics Theft Sexual assault murder Focuses on legal relationships between people and the protection of a person’s rights Usually involves torts and contracsd

Torts  Civil Wrongs Person harmed due to another person’s actions Can lead to legal actions May be complex Many Types of Torts

Defamation of Character Torts Assault Battery False Imprisonment Defamation of Character Invasion of Privacy Malpractice Abuse Negligence

Contracts An agreement between two people Offer Competent individual enters into a relationship with a health care provider and offers to be a patient Acceptance Health care provider gives an appointment or examines or treats patient Consideration Payment made by patient for service(s) provided

Implied vs Expressed Implied Expressed Obligations understood without verbally expressed terms Example Health care workers prepares medication and a patient takes the medication It is implied that that patient accepts the treatment Stated in distinct and clear language Oral or written Example Surgery or permit Promises of care must be kept All risks associated with treatment must be explained completely to the patient

Legal Disability Does not have legal capacity to form a contract Examples Minors (under legal age) Mentally incompetent persons Individuals under influence of drugs or alcohol, which alter the mental state Semiconscious or unconscious persons

Contracts Requires certain standards of care be provided by competent, qualified individuals If contract NOT performed according to agreement breached Failure to provide care and/or giving improper care or failure of patient to pay according to consideration can be considered a breach of contract and cause for legal action

Agent vs Principal Principal Agent When a person works under the direction or control of another person, the employer is called the principal Responsible for the actions of the agent May be required to pay or compensate people injured by the agent Example If dental assistant tells patient,” Your dentures will look better than your real teeth,” the dentist may have to compensate the patient financially is this statement proved to be false The person working under the employer is called the agent Not “The Big Dog”

Privileged Communications All information given to health care personnel by a patient MUST be kept confidential and shared ONLY with members of patient’s health care team Cannot be told to anyone else without written consent of the patient

Information EXEMPT of Priveleged Communuication Births and Deaths Injuries caused by violence that may require police involvement Assault, battery, abuse, stabbings, etc… Drug Abuse Communicable Diseases STDs

Health Care Records Considered privileged communications Contain information about care provided to patient Belong to health care provider PATIENT HAS RIGHT to obtain copy of any information in the record May be used as legal records in court of law MUST BE KEPT CONFIDENTIAL, properly maintained, and retained for certain amount of time, determined by each state (then burned or shredded)

Privacy Act Federal government way of protecting privileged communications and maintaining confidentiality HIPAA (1996) went into effect in 2003 Provides federal protection for privacy of health information

HIPAA Health Insurance Portability and Accountability Act Privacy Rule Patient Rights Security Insurance Portability

Summary Legal responsibilities are important aspects of health care All states have rules and regulations Health care agencies may have more specific regulations It is important to remember you are responsible for your actions

CFU: Check For Understanding Compare and Contrast Criminal and Civil Law List 5 commons types of tort What is malpractice? What is a legal disability? Provide 2 examples What is HIPAA? Why is it important?