Legal and Ethical Issues

Ethics: def.-A system of principles a society develops to guide decision making about what is right and wrong. Code of Ethics: def.-A set standard of professional conduct that promote the welfare of patients and ensure a high quality of care.

Guidelines for Ethical Decisions in Healthcare Is it in the patient’s best interest? Does it preserve patient rights? Does it follow policy and procedure of the facility? Does it follow your conscience?

Values Guides us in decisions and behaviors. Helps distinguish what is important to you. Influenced by many factors. May conflict with situations on the job.

Ethical Issues con’t Do good: Respect autonomy:

Patient Bill of Rights Right to: Refuse: Confidentiality: Respectful care: View his bill:

Activity Break Discuss the following issues: Euthanasia Abortion Cloning Assisted suicide Organ transplantation Stem Cells

Ethics and the Law Law: A rule that governs how a person acts. Types of law: Civil Criminal

Informed Consent: Types: – Informed: – Implied: – Express: Ethical Issues con’t

Legal Terms – Assault: Intentional threat to cause bodily harm to another. – Battery: Intentional touching of another person without informed consent. – False imprisonment: Unlawful restraint or restriction of a person’s movement.

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Advanced Directives Patient Self-Determination Act 1991: Requires hospitals, nursing homes, and hospices to have written polices about advanced directives. Living Will: Written and legal document indicating what their wishes are.

Directives to physician: Durable power of attorney: DNR Advanced Directives cont.

Domestic violence Who are the victims?

Sexual Harassment An aggressive sexually motivated act Or physical or verbal violation of a person Over whom the aggressor has some power

Uphold Justice: Report abuse: OSHA laws: Treat each person equally: Prevent drug abuse:

Be Discreet Confidentiality : Defamation: – Libel : – Slander :

Do No Harm Liable: Be responsible for yourself!! Negligence: Malpractice:

Be Honest Fraud: False claims, or doing something to trick, fool, or deceive another.

Good Samaritan Law HCW legal responsibility in an emergency: Requirements: Care is rendered without compensation. Care is given in an emergency. Care is given outside a medical facility. Victim must not object to care. Person acts as an ordinary prudent person would under the same circumstances.

Major Causes of Litigation Inadequate documentation Medication errors Failure to protect against injury Improper delegation Poor judgment

Safeguards of Health Care Personnel Quality assurance: J. C. A. H. O.: Malpractice insurance: Precautions: Continuing Education:

Handling Ethical Dilemmas Who decides? – Ethics committees – AMA: American Medical Association – Clergy and counselors

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