1. 1.04 -THE LAW- System of Rules
1.04 Understand legal and ethical issues

2. 1.04 Understand legal and ethical issues
Warm up
A student nurse told his roommate about a patient he took care of in the nursing home. Which patient rights legislation was breached?
An elderly resident is evaluated for memory, habits and hobbies when admitted to a long term care facility. Which patient rights legislation requires this evaluation?
A patient is admitted to the ICU. He is not sure of his prognosis and insists on signing a statement about end-of-life wishes. Which document will he sign?
What is someone called when they can make decisions for you if you are not able to?
1.04 Understand legal and ethical issues

3. 1.04 Understand legal and ethical issues
-Criminal Law-
1.04 Understand legal and ethical issues 3

4. 1.04 Understand legal and ethical issues
Criminal Law
Protects all people from those who:
pose a threat to society.
are a danger to the public.
Can result in being arrested.
Could prevent a person from being employed
Criminal background checks.
1.04 Understand legal and ethical issues

5. 1.04 Understand legal and ethical issues
Criminal Law Assault
Any threat or attempt to injure another person with the apparent ability to do so.
Example?
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6. 1.04 Understand legal and ethical issues
Criminal Law Battery
Unlawful touching of another person without consent.
Example?
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7. 1.04 Understand legal and ethical issues
Criminal Law Felony
A felony is a serious crime punishable by imprisonment or death.
A serious crime that carries a penalty of at least one year in prison.
Example?
1.04 Understand legal and ethical issues

8. Criminal Law Misuse of Narcotics
Using controlled drugs in a manner other than intended.
May relate to:
Personal use by healthcare professionals
Patient use of prescribed dosage
Examples?
1.04 Understand legal and ethical issues

9. 1.04 Understand legal and ethical issues
Criminal Law Murder
Taking another person’s life
Different degrees
1.04 Understand legal and ethical issues

10. Criminal Law Practicing Without a License
Individual providing healthcare services without a license
Example?
Required
It’s the law.
1.04 Understand legal and ethical issues

11. Criminal Law Sexual Assault
Rape
Forced sexual act by a male against a female
Statutory rape: the victim is under age.
The consent of the under age person does not matter.
The age of the offender does not matter. A minor can be charged with statutory rape.
Date rape
1.04 Understand legal and ethical issues 11

12. 1.04 Understand legal and ethical issues
Criminal Law Theft
Taking another
person’s possessions
Example?
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13. 1.04 Understand legal and ethical issues
-Civil Law-
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14. 1.04 Understand legal and ethical issues
-Civil Law-
Involves disputes between people or organizations and protection of people’s rights.
1.04 Understand legal and ethical issues

15. 1.04 Understand legal and ethical issues
Civil Law -Torts-
Wrongful acts, not involving a contract, that result in physical injury, property damages, or damages to a person’s reputation for which the injured person is entitled to compensation for damages done.
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16. Civil Law -Torts- Physical Abuse
Examples
Depriving of nutrition
Hitting
Restraining a patient
1.04 Understand legal and ethical issues

17. Civil Law -Torts- Sexual Abuse
Examples
Sexual harassment
Any unwanted sexual touching or act
1.04 Understand legal and ethical issues

18. Civil Law -Torts- Verbal Abuse
Examples
Swearing
Talking harshly
Teasing
1.04 Understand legal and ethical issues

19. Civil Law -Torts- Defamation of Character
A statement that causes injury to a person’s reputation
Examples
Libel
Slander
Slander
Libel
1.04 Understand legal and ethical issues

20. Defamation of Character
Civil Law -Torts-
Defamation of Character
Libel
Untrue written statements that cause injury to a person’s reputation
1.04 Understand legal and ethical issues

21. Defamation of Character
Civil Law -Torts-
Defamation of Character
Slander
Untrue spoken statements that cause injury to a person’s reputation
1.04 Understand legal and ethical issues

22. Civil Law -Torts- False Imprisonment
Examples:
Doctor refuses to let patient leave the hospital
Restrain a patient without a doctors order
Pharmaceutical restraints
A person is confined or retained against his/her will
1.04 Understand legal and ethical issues

23. Civil Law -Torts- False Imprisonment
Examples
Pulling side rails up where the patient can’t get out of bed without a
Doctors order.
Restraining them with a posey vest or wrist restraints without a doctors
order.
Not discharging a patient when they want to leave.
1.04 Understand legal and ethical issues

24. Civil Law -Torts- Invasion of Privacy
Unnecessary physical exposure of a patient
Example- not pulling a curtain when doing care
Make personal information public without the consent of the patient
Example- tell your roommate about the patient you took care of.
1.04 Understand legal and ethical issues

25. Civil Law -Torts- Malpractice
Providing bad care,
resulting in injury.
Example- cutting off the wrong leg
Act of Commission
Example- not telling a patient that you took off the wrong leg.
For example:
Medical errors
Inaccurate diagnosis
Failure to diagnose a condition
Lack of informed consent
Mistakes during surgery
Medical instruments left inside patients during surgery
1.04 Understand legal and ethical issues

26. Civil Law -Torts- Negligence
Failure to provide care that is normally expected, resulting injury to the patient.
Example- Not changing a residents diaper and they get diaper rash.
Act of Omission
Examples:
Health Care worker forgets to lock the brakes on a wheelchair and patient is injured
1.04 Understand legal and ethical issues

27. 1.04 Understand legal and ethical issues
Reasonable Care
The legal obligation of healthcare professionals to provide care according to the standards of practice expected within their community for healthcare professionals.
Ex. all physical therapists follow the same guidelines for ROM exercises
Failure to give reasonable care- not answering call lights
1.04 Understand legal and ethical issues

28. 1.04 Understand legal and ethical issues
Processing
Someone was fired from a medical practice and has been making negative and untrue statements about the physicians. What could the person be charged with?
You failed to answer a resident’s call light. What patient right did you violate?
A celebrities medical records were viewed by unauthorized personnel. Which tort was committed?
A doctor leaves 2 sponges and a pair of scissors in a patient after surgery. What tort was committed?
Mike is charged with selling drugs he stole from the nursing home he works at. He is sentenced to 5 years in prison. What type of crime is this?
You called a resident an “old geezer” and he is suing you. What is the suit?
What will you be charged with if you shoot and kill someone?
You have not passed your state mandated exam to practice medicine but you open your practice anyway. What can you be charged with?
Is stealing considered civil law or criminal law?
You are providing care to according to your standards of practice as a CNA. What is this called?
1.04 Understand legal and ethical issues

29. 1.04 Understand legal and ethical issues
October Baby
1.04 Understand legal and ethical issues