1. Legal and Ethical Responsibilities

2. Have You Ever… Been Part of a wrongful act?
Wondered if something is “ethically” correct?
Second Guessed whether or not something should be occurring?

3. Introduction
In EVERY aspect of life there are certain laws and legal responsibilities
Made to protect you and society
Ex: Traffic Laws

4. Legal Responsibilities
LAW: rule that MUST be followed
Created and enforced by federal, state, and local government
Health care workers must follow and laws affecting healthcare
REQUIRED to know and follow state laws regulating their license and registrations or that set standards for their profession

5. Two Main Types Of Laws
Criminal Law
Civil Law
Focuses on behavior known as crime
Deals with wrongs again a person, property or society
Examples
Practicing in health profession without having required license
Illegal possession of drugs
Misuse of narcotics
Theft
Sexual assault
murder
Focuses on legal relationships between people and the protection of a person’s rights
Usually involves torts and contracsd

6. Torts  Civil Wrongs Person harmed due to another person’s actions
Can lead to legal actions
May be complex
Many Types of Torts

7. Defamation of Character
Torts
Assault
Battery
False Imprisonment
Defamation of Character
Invasion of Privacy
Malpractice
Abuse
Negligence

8. Contracts An agreement between two people
Offer
Competent individual enters into a relationship with a health care provider and offers to be a patient
Acceptance
Health care provider gives an appointment or examines or treats patient
Consideration
Payment made by patient for service(s) provided

9. Implied vs Expressed
Implied
Expressed
Obligations understood without verbally expressed terms
Example
Health care workers prepares medication and a patient takes the medication
It is implied that that patient accepts the treatment
Stated in distinct and clear language
Oral or written
Example
Surgery or permit
Promises of care must be kept
All risks associated with treatment must be explained completely to the patient

10. Legal Disability Does not have legal capacity to form a contract
Examples
Minors (under legal age)
Mentally incompetent persons
Individuals under influence of drugs or alcohol, which alter the mental state
Semiconscious or unconscious persons

11. Contracts
Requires certain standards of care be provided by competent, qualified individuals
If contract NOT performed according to agreement breached
Failure to provide care and/or giving improper care or failure of patient to pay according to consideration can be considered a breach of contract and cause for legal action

12. Agent vs Principal
Principal
Agent
When a person works under the direction or control of another person, the employer is called the principal
Responsible for the actions of the agent
May be required to pay or compensate people injured by the agent
Example
If dental assistant tells patient,” Your dentures will look better than your real teeth,” the dentist may have to compensate the patient financially is this statement proved to be false
The person working under the employer is called the agent
Not “The Big Dog”

13. Privileged Communications
All information given to health care personnel by a patient
MUST be kept confidential and shared ONLY with members of patient’s health care team
Cannot be told to anyone else without written consent of the patient

14. Information EXEMPT of Priveleged Communuication
Births and Deaths
Injuries caused by violence that may require police involvement
Assault, battery, abuse, stabbings, etc…
Drug Abuse
Communicable Diseases
STDs

15. Health Care Records Considered privileged communications
Contain information about care provided to patient
Belong to health care provider
PATIENT HAS RIGHT to obtain copy of any information in the record
May be used as legal records in court of law
MUST BE KEPT CONFIDENTIAL, properly maintained, and retained for certain amount of time, determined by each state (then burned or shredded)

16. Privacy Act
Federal government way of protecting privileged communications and maintaining confidentiality
HIPAA (1996) went into effect in 2003
Provides federal protection for privacy of health information

17. HIPAA Health Insurance Portability and Accountability Act
Privacy Rule
Patient Rights
Security
Insurance Portability

18. Summary Legal responsibilities are important aspects of health care
All states have rules and regulations
Health care agencies may have more specific regulations
It is important to remember you are responsible for your actions

19. CFU: Check For Understanding
Compare and Contrast Criminal and Civil Law
List 5 commons types of tort
What is malpractice?
What is a legal disability? Provide 2 examples
What is HIPAA? Why is it important?