CHAPTER 4 LEGAL ETHICS Lancaster High School Mrs. Carpenter Health Tech Prep 1

ETHICAL ASPECTS Ethical behavior involves not being prejudiced or biased. Judgments and views are based on the person’s Culture Religion Education experiences.

THINK ABOUT IT How can prejudices or biases affect the care YOU provide? How can YOU deal with YOUR prejudices and biases when providing care?

LEGAL ASPECTS Laws tell you what you can and cannot do. A law is a rule of conduct made by a government body. Enforced by the government, laws protect the public welfare.

LEGAL ASPECTS Criminal laws concerned with offenses against the public and against society in general. An act that violates a criminal law is called a crime. Murder Robbery Assault and battery

LEGAL ASPECTS Civil laws are concerned with relationships between people. Torts Torts are part of civil law. wrong committed against a person or the person’s property.

LEGAL ASPECTS Unintentional torts Negligence The negligent person failed to act in a reasonable and careful manner. harm was caused to the person or property of another. The person did not mean or intend to cause harm. Malpractice negligence by a professional person professional status because of training, education, and the service provided.

Groups will use the internet to find a case of negligence or malpractice in the health care industry. Report the following: summary of the case Was the case negligence or malpractice Determine why the case was negligence or malpractice based on information given in class.

LEGAL ASPECTS Intentional Tort Defamation injuring a person’s name or reputation by making false statements to a third person. Libel making false statements in print, writing, or through pictures or drawings. Slander making false statements orally

LEGAL ASPECTS Intentional Tort –con’t False imprisonment the unlawful restraint or restriction of a person’s freedom of movement. involves: − Threatening to restrain a person − Restraining a person − Preventing a person from leaving the agency

LEGAL ASPECTS Intentional Tort –con’t Invasion of privacy violating a person’s right not to have his or her name, picture, or private affairs exposed or made public without giving consent. The Health Insurance Portability and Accountability Act of 1996 (HIPAA)  protects the privacy and security of a patient’s health information.  You must follow agency policies and procedures

LEGAL ASPECTS Intentional Tort –con’t Fraud saying or doing something to trick, fool, or deceive a person. -is fraud if it does or may cause harm to a person or the person’s property.

LEGAL ASPECTS Intentional Tort –con’t Assault and battery may result in both civil and criminal charges. Assault − intentionally attempting or threatening to touch a person’s body without the person’s consent. Battery − touching a person’s body without his or her consent. The person must consent to any procedure, treatment, or other act that involves touching the body.

INFORMED CONSENT the person clearly understands: The reason for a treatment What will be done How it will be done Who will do it The expected outcomes Other treatment options The effects of not having the treatment ****Persons under legal age and mentally incompetent persons cannot give consent.

REPORTING ABUSE Abuse mistreatment or harm of another person. Abuse is a crime. one or more of the following elements present Willful causing of injury Unreasonable confinement Intimidation Punishment Depriving the person of goods or services needed for physical, mental, or psychosocial well being

Abuse causes physical harm, pain, or mental anguish Protection against abuse extends to persons in a coma

ABUSE Elder abuse Elder abuse can take the following forms Physical abuse (1) Grabbing, hitting, slapping, kicking, pinching, hairpulling, or beating (2) Corporal punishment Punishment inflicted directly on the body

NEGLECT Neglect The person is deprived of needed health care or treatment. Failure to provide food, clothing, hygiene, and other needs

ABUSE Verbal abuse Using oral or written words or statements that speak badly of, sneer at, criticize, or condemn the person Unkind gestures Involuntary seclusion Confining the person to a certain area

ABUSE Financial abuse The person’s money is stolen or used by another person. A person’s property is misused. Mental abuse Humiliation, harassment, ridicule, and threats of punishment

SIGNS OF ABUSE Box 3-5 and 3-6 on page 34

Child abuse Risk factors for child abuse include: Stress Family crisis Drug or alcohol abuse Abuser history of being abused as a child Discipline beliefs that include physical punishment Lack of emotional attachment to the child A child with birth defects or chronic illness A child with a personality or behaviors that the abuser considers “different” or unacceptable Unrealistic expectations for the child’s behavior or performance Families that move often and do not have other family members or friends nearby

Child abuse Abuse differs from neglect. Types of child abuse Physical neglect to deprive the child of food, clothing, shelter, and medical care. Emotional neglect not meeting the child’s need for affection and attention. Physical abuse injuring the child on purpose. Sexual abuse using, persuading, or forcing a child to engage in sexual conduct.

Child abuse Rape forced sexual intercourse with a person who is not of legal age to give consent. Molestation sexual advances toward a child. Incest sexual activity between family members. Child pornography taking pictures or video taping a child involved in sexual acts. Child prostitution forcing a child to engage in sexual activity for money

Child abuse The health team must be alert for signs and symptoms of child abuse. State laws require the reporting of suspected child abuse. If you suspect child abuse, share your concerns with the RN. The RN contacts health team members and child protection agencies as needed

CARE PLAN WORKSHEET After reading the scenario on the worksheet answer the questions and be prepared to discuss these in class.

ASSIGNMENT: WORKBOOK #1-81