In a healthcare setting

 Assault  Battery  Slander  Libel  False Imprisonment  Invasion of Privacy  Negligence  Abuse  Review the torts on Quizlet  Easily confused torts  Assault  Battery  Slander  Libel

 Providing first aid to a person who refuses help is…  Closing a patient’s door so you can’t hear them call out is…  Telling everyone a patient is HIV+ when it is not true is…  Bathing a patient with the room door open is…  Threatening to harm your patient is…  Withholding food from your patient is…  Not properly restraining your patient on the x-ray table and it results in a fall is…

 Also known as “legal directives”  A legal document  They allow individuals to state what medical treatment they want and do not want if they become incapacitated.  Two main directives:  Living will  Durable power of attorney (POA)

 Document that states measures that should not be taken to prolong life when the patient is terminal.  Must be signed when individual is competent and witnessed by two adults who would not benefit from the death.  Most states have laws that honor living wills.  Living wills often have a Do Not Resuscitate (DNR) request.  If so, a doctor may write a Do Not Resuscitate order.

 Also “Designation of Health Care Surrogate” or “Medical Power of Attorney”  Permits an individual (known as a principal) to appoint another person (known as an agent) to make healthcare decisions if the principal becomes unable to make decisions.  Usually given to spouse or adult children.  May be given to any qualified adult.  POA must be signed by the principal, the agent, and two adult witnesses.

 Abbreviated PSDA  Federal law in 1990  Facilities receiving federal aid must:  Inform patients of their right to make decisions concerning their medical care, including right-to-die.  Provide assistance in preparing advance directives.  Document advance directives in patient record.  Provide written statements to implement the patient’s requests.  Affirm no discrimination because of advance directives.  Educate staff on legal issues regarding advance directives.

1. If a patient legally signs a living will, can a physician refuse to cooperate? 2. What is the intent of the PSDA? 3. Robert has never been married and has no children. Can he give durable power of attorney to his cat? 4. Barney is very ill. His daughter puts a pen in his hand and bullies him into signing a Living Will. Is that legal? 5. Joe has signed a living will and the doctor writes a DNR order. What should the nurse caring for him do if he experiences cardiac arrest?

 Informed consent is permission granted voluntarily by a person who is of sound mind after the procedure and all risks have been explained in terms the person can understand.  Can be verbal, but for most procedures, should be in writing.  Person can withdraw consent at any time.  Procedures should not be performed if the patient does not give consent. Consent Form

1. If a patient gives permission for a procedure but is heavily drugged at the time, is that legal? 2. If a patient signs a consent form without reading the form, have the rules for informed consent been legally met? 3. If a patient signs a consent form and, while of sound mind, changes his mind about having the procedure, can the physician still perform the procedure?

 A complaint about a circumstance considered to be unfair or potentially harmful.  Learn facility grievance policy.  Usually best to resolve workplace issues at the lowest level possible.  Start with your immediate supervisor.  Only file a grievance after working up the chain of command. Grievance Forms

 Allows every employee know who their immediate supervisor is  Always take issues to your immediate supervisor- don’t jump over their heads to the “BIG BOSS IN CHARGE”  Also lets you know who you are responsible for and can delegate tasks to

 What one is legally allowed to do in one’s profession.  You MUST understand and practice within the guidelines of your profession.  A supervisor should only ask you to perform activities within your scope of practice.  In most instances, you should refuse to perform skills outside your scope of practice.

 When should you file a grievance?  Do all healthcare workers have a scope of practice?  What do you do if you are asked to do something outside your scope of practice?  What tells workers who their immediate supervisors are?

 Healthcare workers must know and follow the law in the practice of his/her profession – in order to safeguard the rights of the patient and the integrity of the profession.  Spend your career here.... not here.