1. Warm UP
As a medical professional, do you think legal or ethical guidelines are more important? Why?
Ethics in Health Care
9/12/2018

2. Legal and Ethical Responsibilities in Health Care

3. Objectives Define and differentiate between civil law and criminal law
Define and cite examples of torts which occur in health care including:
Malpractice
Negligence
Assault & Battery
Invasion of Privacy
Abuse
Defamation
Define Ethics
Ethics in Health Care
9/12/2018

4. Objectives (continued)
List basic rules of ethics for the health care worker (HCW)
Discuss and debate varying ethical dilemmas which have resulted from modern medicine
List the rights of patients who are receiving health care
Review long-term care Bill of Rights
Define advance directives
Explain how professional standards meet legal and ethical requirements in health care
Ethics in Health Care
9/12/2018

5. Legal Responsibilities
Every aspect of our life is governed by certain laws and legal responsibilities.
Ex: traffic laws
It is important for the health care worker to be aware of and follow legal regulations
Protects worker, employer and safety and well-being of the patient
Ethics in Health Care
9/12/2018

6. Legal Responsibilities
Legal Responsibilities are authorized or based on law
Law is a rule that must be followed
Failure to meet your legal responsibilities can result in legal action against you and your employer
Two types
Civil law
Criminal law
Health care professionals are required to know and follow state laws regulating their license or registration or set standards for their professions
Ethics in Health Care
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7. Legal Responsibilities
Civil Law
Criminal Law
Deals with legal relationships between people and protection of a person’s rights
Health care mainly affected by civil law which involve torts and contracts
Deals with behavior known as crime; deals with the wrongs against a person, property, or society
Ex: Practicing without a license, illegal possession of drugs, misuse of narcotics, theft, sexual assault or murder
Ethics in Health Care
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8. Torts Wrongful act that does not involve a contract Civil wrong
Occurs when a person is harmed or injured because a HCW does not meet the established or expected standard of care
Common Torts:
Malpractice
Negligence
Assault and Battery
Invasion of Privacy
False Imprisonment
Abuse
Defamation
Ethics in Health Care
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9. Torts
Malpractice
Negligence
“Bad Practice”
Failure of a professional to use the degree of skill and learning commonly expected to in that individual’s profession- resulting in injury, loss, or damage to the person receiving care
Failure to give care that is normally expected of a person in a particular position, resulting in injury to another person
Ethics in Health Care
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10. Torts Assault- threats or attempts to injure
Assault and Battery
Invasion of Privacy
Assault- threats or attempts to injure
Battery- unlawful touching of another person without consent
Physical- unnecessarily exposing an individual
Informational- revealing personal information about that person without consent
Ethics in Health Care
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11. Torts
Defamation
Abuse
Includes any care that results in physical harm, pain, or mental anguish
Physical
Verbal
Psychological
Sexual
Domestic
Child
Elder
Occurs when false statements either cause a person to be ridiculed or damage that person’s reputation
Ethics in Health Care
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12. Contracts An agreement between two or more partied
Most contracts have three parts
Offer
Health care facility or provider has a treatment or services they can offer to a patient; also a competent individual offers to be a patient
Acceptance
Patient makes appointment with health care facility and accepts treatment/services offered; provider accepts individual as a patient
Consideration
Patient receives treatment or services; health care facility receives payment from patient
Implied Contracts
Expressed Contracts
Ethics in Health Care
9/12/2018

13. Contracts
Implied Consent
Expressed Consent
Obligations that are understood without verbally expressed terms
Stated in distinct and clear language, either orally or in writing
Ethics in Health Care
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14. Important Terms
Informed Consent – permission granted voluntarily by a person who is of sound mind and who has been instructed, in terms the person can understand, about all the risks involved
Verbal Consent
Slander- Spoken Defamation
Libel- Written Defamation
Legal Disability- does not have legal capacity to enter a contract- ex: minors
Ethics in Health Care
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15. Important Terms
Privileged Communication – comprise of all information given to health care personnel- Ex: Health care records
HIPAA- Health Insurance Portability and Accountability Act of 1996
Standards to protect health information
Scope of Practice- procedures, processes, and actions HCWs are legally permitted to perform in keeping with the terms of their professional license or registration
Ethics in Health Care
9/12/2018

16. Ethics
Ethics are a set of principles relating to what is morally right or wrong
Provide a standard of conduct or code of behavior
Allows HCWs to analyze information and make decisions based on what people believe is right and good conduct
Modern health care advances have created many ethical dilemmas for HCWs
Each profession has their own code of ethics developed by their national organizations
Most contain the same basic principles however they may differ slightly
Ethics in Health Care
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17. Ethical Dilemmas
Modern health care technology has created many ethical dilemmas
Assisted suicide – is it justified in certain patients?
Who decides whether a 75 yr old pt or a 56 yr old gets a single kidney available for transplant?
Stem cell research- should aborted fetuses be used?
Should a patient be permitted to smoke marijuana if it eases effects of chemotherapy?
Should human beings be cloned?
NO EASY ANSWERS- only guidelines provided by an ethical code
Ethics in Health Care
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18. Basic Rules of Ethics
Put the saving of life and promotion of health above all else
Make every effort to keep patient as comfortable as possible and to preserve life when possible
Respect patient’s choice to die peacefully and with dignity (advanced directive)
Treat all patients equally (avoid bias, prejudice, and discrimination)
Show loyalty to patients, co-workers, and employer
Be sincere, honest and caring
Ethics in Health Care
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19. Rules of Ethics (cont)
Provide care for all persons to the best of your ability
Maintain competent level of skill consistent with occupation
Maintain confidentiality
Gossiping about patients is ethically wrong
Avoid immoral, unethical, or illegal practice
Stay informed and up to date, pursue continuing education
Ethics in Health Care
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20. Patients’ Rights
Most of us have seen the sign in retail stores “The Customer is Always Right”
Patient and customer satisfaction is essential to health care facilities just as pleasing the customer is for retail stores
Ethics in Health Care
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21. Ethics in Health Care
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22. Patients’ Rights
Patients’ rights are factors of care that patients can expect to receive
Health care facilities have written policies concerning patients' rights
All health care workers must honor these
Ethics in Health Care
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23. Rights (continued) Privacy concerning medical care
Confidential treatment of all communications and records
Reasonable response to request for services
Obtain information regarding any relationship of the hospital to other health care and educational institutions
Ethics in Health Care
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24. Rights (cont)
Be advised of and have the right to refuse to participate in any research project
Expect reasonable continuity of care
Review medical records and examine bill with all charges explained
Be informed of any hospital rules or regulations
Ethics in Health Care
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25. Advance Directives
A patient’s instructions, usually relating to end-of-life issues regarding what medical treatment they want or do not want if they are unable to express their wishes
Advance directives are legally binding documents
Ethics in Health Care
9/12/2018

26. Advance Directives
Health care workers must be aware of and honor advance directives regardless of their beliefs
Patients will be asked if they have one upon admission to a health care facility
Ethics in Health Care
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27. Advance Directives
Must be signed when the individual is competent and witnessed by two adults who will not benefit from the death
Ethics in Health Care
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28. Two Main Types Durable Power of Attorney (POA) for health care
Living wills
Ethics in Health Care
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29. Living Will
Document allowing individuals to state what measures should or should not be used to prolong life if their condition is terminal
Ex: CPR, ventilator, feeding tube, etc.
Frequently results in a “do not resuscitate” (DNR) order
Ethics in Health Care
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30. Durable Power of Attorney (POA)
Document permitting an individual (principal) to appoint another person (agent) to make any decisions regarding health care if the principal is unable to make those decisions
Usually give POA’s to spouses or adult children
May be given to any qualified adult however
Must be signed by principal, agent, and two adult witnesses
Ethics in Health Care
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31. Professional Standards
Perform only those procedures for which you have been trained and you are legally permitted to do
Use approved, correct methods while performing any procedure
Obtain proper authorization before performing any procedure
Identify the patient
Obtain patient consent before performing any procedure
Ethics in Health Care
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32. Professional Standards
Observe all safety precautions
Keep all information confidential
Think before you speak and carefully consider everything you say
Treat all patients equally
Accept no tips or bribes for the care you provide
If any error occurs or you make a mistake, report it immediately
Behave professionally in dress, language, manners and actions
Ethics in Health Care
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33. Summary
Always remember, it is your responsibility to understand the legal and ethical implications of your particular health career
Never hesitate to ask questions or request written policies from your employer
By following the basic standards, you will protect yourself, your employer, and the patient for whom you care for
Ethics in Health Care
9/12/2018

34. Current Legal/Ethical Issues RESEARCH
Research a current health care issue that has a legal or ethical implications
As a future member of the medical community, you will need to stay current on current issues involving health care. It is important to be able to identify these issues.
Identify a controversy or issue related to the medical field and write a 2- to 3-page paper, typed, double-spaced. In your paper, you should explain the controversy (including enough background of the issue to make it clear), explain your feelings on the issue or take a position, and defend your position with evidence.
Your paper should include an introduction, a statement issue or position, and a conclusion. You should also include references, which don’t count in page length.
Must be from 2016 or 2017
Due end of class Friday November 17, 2017
Ethics in Health Care
9/12/2018

35. Current Legal/Ethical Issues RUBRIC
Student Name: ________________________________
Max Points Points Received Comments
Topic explained/
summarized thoroughly:
Thoughts/stance
stated and supported:
Conclusion:
Grammar/punctuation:
2-3 pages long:
Works Cited:
Total Points ________/100
Ethics in Health Care
9/12/2018