Legal and Ethical Responsibilities Chapter 5

Criminal vs Civil Law Criminal Criminal –“crime” –Focuses on wrongs against a person, property, or society Civil Civil –Focuses on legal relationships between people protection of a person’s rights –Deals with torts and contracts

Torts Wrongful act that does not involve a contract Wrongful act that does not involve a contract Occurs when a person is harmed or injured because a health care provider does not meet the established or expected standards of care Occurs when a person is harmed or injured because a health care provider does not meet the established or expected standards of care

Question 1 Malpractice is also known as “bad practice” Malpractice is also known as “bad practice” –True or False

Malpractice “bad practice” or “professional negligence” “bad practice” or “professional negligence” Failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession Failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession Causes injury, loss, or damage to the person receiving care Causes injury, loss, or damage to the person receiving care

Question 2 Negligence occurs when care is given that is normally expected? Negligence occurs when care is given that is normally expected? –True or False

Negligence Failure to give care that is normally expected of a person in a particular position Failure to give care that is normally expected of a person in a particular position Results in injury to another person Results in injury to another person

Assault and Battery Assault Assault –Threat or attempt to injure Battery Battery –Unlawful touching of another person without consent

Question 3 Assault and battery are commonly used together because they often occur at the same time True or False Assault and battery are commonly used together because they often occur at the same time True or False

Assault and Battery Closely related and often used together Closely related and often used together Patients MUST give consent for any care and they have a right to refuse care Patients MUST give consent for any care and they have a right to refuse care

Informed Consent Permission granted voluntarily by a person who is of sound mind after the procedure and all risks involved have been explained in terms the person can understand Permission granted voluntarily by a person who is of sound mind after the procedure and all risks involved have been explained in terms the person can understand

Question 4 Invasion of privacy can happen when a person is unnecessarily exposed Invasion of privacy can happen when a person is unnecessarily exposed –True or false

Invasion of Privacy Can involve unnecessarily exposing an individual Can involve unnecessarily exposing an individual Can also be caused by revealing personal information about an individual without that person’s consent Can also be caused by revealing personal information about an individual without that person’s consent

False Imprisonment Restraining an individual or restricting an individual’s freedom Restraining an individual or restricting an individual’s freedom

Question 5 There are 5 types of abuse There are 5 types of abuse –True or False

Abuse Any care that results in physical harm, pain or mental anguish Any care that results in physical harm, pain or mental anguish Types Types –Physical –Verbal –Psychological –Sexual

Physical Abuse Hitting Hitting Forcing people against their will Forcing people against their will Restraining movement Restraining movement Depriving people of food/water Depriving people of food/water Not providing physical care Not providing physical care

Verbal Abuse Speaking harshly Speaking harshly Swearing or shouting Swearing or shouting Using inappropriate words to describe a person’s race or nationality Using inappropriate words to describe a person’s race or nationality Writing threats or abusive statements Writing threats or abusive statements

Psychological Abuse Threatening harm Threatening harm Denying rights Denying rights Belittling Belittling Intimidating Intimidating Ridiculing the person Ridiculing the person Threatening to reveal information about the person Threatening to reveal information about the person

Sexual Abuse Any unwanted sexual touching or act Any unwanted sexual touching or act Using sexual gestures Using sexual gestures Suggesting sexual behavior Suggesting sexual behavior

Question 6 Liable and slander are two types of defamation Liable and slander are two types of defamation –True or false

Defamation Occurs when false statements either cause a person to be ridiculed or damage the person’s reputation Occurs when false statements either cause a person to be ridiculed or damage the person’s reputation Incorrect information given out in error can result in defamation Incorrect information given out in error can result in defamation Libel Libel Slander Slander

Question 7 Slander occurs when false, damaging statements are written Slander occurs when false, damaging statements are written –True or false

Question 8 Libel happens when false, damaging statements are spoken. Libel happens when false, damaging statements are spoken. –True or false

Slander and Libel Slander Slander –Occurs when the information is spoken Libel Libel –Occurs when the information is written

Contracts Agreement between 2 or more parties Agreement between 2 or more parties –Offer –Acceptance –Consideration Implied contract Implied contract –Health professional prepares a medication and the patient takes it Expressed contract Expressed contract –Stated in clear, distinct language (writing or orally) –Surgery permit Principal Principal –Employer Agent Agent –Person working under the employer

Question 9 HIPAA stands for Human Intelligence and Privacy Actions Association HIPAA stands for Human Intelligence and Privacy Actions Association –True or False

Health Insurance Portability and Accountability Act Federal Law!!!! Federal Law!!!! Basically keeps all information PRIVATE Basically keeps all information PRIVATE –Able to see and obtain copies of their records –Set limits on who and how much someone sees –Other

Question 10 Ethics are a set of ______________ relating to what is morally right or wrong Ethics are a set of ______________ relating to what is morally right or wrong –A) progressions –B) policies –C) principles –D) possibilities

Confidentiality Keeping information PRIVATE!!!!!! Keeping information PRIVATE!!!!!!

Question 11 A legal violation can occur if a patient suffers personal or financial damage when confidential information is shared with others A legal violation can occur if a patient suffers personal or financial damage when confidential information is shared with others –True or false

Patient’s Rights Known as factors of care that patients can expect to receive Known as factors of care that patients can expect to receive –Agencies expect all personnel to respect and honor these rights

Patient’s Bill of Rights Considerate and respectful care Considerate and respectful care Obtain complete, current information concerning dx, tx, and prognosis Obtain complete, current information concerning dx, tx, and prognosis Receive info necessary to give informed consent prior to the start of any procedure or tx Receive info necessary to give informed consent prior to the start of any procedure or tx

Question 12 One of the PBOR is to get considerate and respectful care One of the PBOR is to get considerate and respectful care –True or false

Have advanced directives for health care and/or refuse treatment to the extent permitted under the law Have advanced directives for health care and/or refuse treatment to the extent permitted under the law Privacy concerning a medical care program Privacy concerning a medical care program Confidential tx of all communications and records Confidential tx of all communications and records

Reasonable response to a request for services Reasonable response to a request for services Obtain information regarding any relationship of the hospital and other healthcare and educational institutions Obtain information regarding any relationship of the hospital and other healthcare and educational institutions Be advised of and have the right to refuse to participate in any research project Be advised of and have the right to refuse to participate in any research project

Question 13 Patients have a right to a reasonable response to a request for services Patients have a right to a reasonable response to a request for services –True or false

Expect reasonable continuity of care Expect reasonable continuity of care Review medical records and examine bills and receive an explanation of all care and charges Review medical records and examine bills and receive an explanation of all care and charges Be informed of any hospital rules, regulations, and/or policies and the resources available to resolve disputes or grievences Be informed of any hospital rules, regulations, and/or policies and the resources available to resolve disputes or grievences

Resident’s Bill of Rights OBRA OBRA –Omnibus Budget Reconciliation Act of 1987 –Every LTCF must inform residents or their guardians of these rights and a copy must be posted in each facility

RBOR Free choice regarding physician, tx, care, and participation in research Free choice regarding physician, tx, care, and participation in research Freedom of abuse and chemical or physical restraints Freedom of abuse and chemical or physical restraints Privacy and confidentiality of personal and clinical records Privacy and confidentiality of personal and clinical records

Accommodations of needs and choice regarding activities, schedules, and healthcare Accommodations of needs and choice regarding activities, schedules, and healthcare Voice grievances w/o fear of retaliation or discrimination Voice grievances w/o fear of retaliation or discrimination Organize and participate in family/resident groups and in social, religious, and community activities Organize and participate in family/resident groups and in social, religious, and community activities

Info on medical benefits, medical records, survey results, deficiencies of the facility, and advocacy groups Info on medical benefits, medical records, survey results, deficiencies of the facility, and advocacy groups Manage personal funds and use personal possessions Manage personal funds and use personal possessions Unlimited access to immediate family or relatives and to share a room w/ his or her spouse, if both are residents Unlimited access to immediate family or relatives and to share a room w/ his or her spouse, if both are residents

Remain in the facility and not be transferred or discharged except for medical reasons, the welfare of the resident or others, failure to pay, or if the facility either cannot meet the resident’s needs or ceases to operate Remain in the facility and not be transferred or discharged except for medical reasons, the welfare of the resident or others, failure to pay, or if the facility either cannot meet the resident’s needs or ceases to operate

Question 14 Residents have the right to freedom from abuse and chemical or physical restraints Residents have the right to freedom from abuse and chemical or physical restraints –True or false

Question 15 Advanced directives are legal documents that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care Advanced directives are legal documents that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care –True or false

Advanced Directives Living wills Living wills –Allow individuals to state what measures should or should not be taken to prolong life when their condition is terminal Durable Power of Attorney Durable Power of Attorney –Document that permits an individual to appoint another person to make any decisions regarding health care if they are unable to make decisions