Presentation on theme: "LEGAL AND ETHICAL RESPONSIBILITIES IN HEALTH CARE"— Presentation transcript:
1 LEGAL AND ETHICAL RESPONSIBILITIES IN HEALTH CARE
2 Legal Responsibilities Civil LawLegal relationships between people and the protection of a persons rightsTorts- wrongful acts that do not involve contractsHealth care mainly affected by civil law:both contracual and tortsCriminal LawWrongs against a person, property or societyExamples of criminal law in health care- practicing without license, use of narcotics, theft, murder
3 Torts Malpractice- “bad practice” Negligence- failure to give care that is normally expectedAssault-threat or attempt to injureBattery-unlawful touching of another person without their consentInvasion of Privacy- includes unneccessary exposure of an individual or revealing personal information
4 Torts (cont.)False imprisonment-Restraining an individual or restricting their freedom.Abuse-Any care that results in physical pain or mental anguish
5 Forms of AbusePhysical- hitting, restraining, depriving of food water or physical needsVerbal- can be spoken or written – swearing, shouting, ethnic slursPsychological-threatening harm, denying rights, intimidating, belittlingSexual touching, gestures, or suggestions that are unwanted
6 Torts (cont.)Defammation- false statements which cause a person to be ridiculed or ruin their reputation1) Slander-spoken2) Libel-written
7 Informed ConsentPermission granted voluntarily by a person who is sound of mind after the procedure and all risks involved have been explained in terms the person can understand.
8 Contracts Expressed Contracts Stated in distinct and clear language either orally or in writing.Ex. Surgical permitImplied ContractsObligations understood without verbally expressed termsEx. Giving medication to a patient
9 Legal DisabilityA person who does not have the legal capacity to form a contract.MinorsMentally incompetent individualsSomeone under the influence of drugsSomeone who does not understand the language
11 Privileged Communications All information given to health care personnel by a patientMust be kept confidential and shared only by members of patient’s health care teamMust receive written release to give information to others (exceptions: births and deaths, injuries caused by violence, drug abuse, communicable diseases and sexually transmitted diseases.
12 Health Care Records An example of privileged communications Patient may obtain a copyCan be used as legal recordsErrors crossed out with a single line and initialed, and datedMust be kept for amount of time required by law then burned or shredded
13 Ethics Set of principals relating to what is morally right or wrong. Provide a standard of conduct or code of behavior.Issues: Euthansia, Stem Cell Research, marijuana legalization, animal in research, denying treatment on religious grounds etc..
14 ConfidentialityInformation about the patient must remain private and can be shared only with other members of the patient’s health care team.
15 Patients Rights Patient’s Bill of Rights by AHA Considerate respectful careObtain complete current info about diagnosis etc…Receive info to give informed consentHave advanced directives- can refuse treatment
16 Patients’ Rights Privacy Confidentialty Reasonable response to a request for servicesReceive info about relationships between doctors and medical facilities etc…Be informed of right to refuse being involved in research
17 Patients’ Rights Reasonable continuity of care Right to review medical records and examine billsBe informed of hospital rules, regulations, and resources to settle greivances
18 Advanced DirectivesLiving Wills- Documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminalDurable Power of Attorney- Document which allows another individual to make their medical decisions for them if they become unable to
19 Advanced Directives Patient Self-Determination Act Inform every adult verbally and in writing of their right to make decisions about their care including right to refuse treatment and right to dieDocument advance directiveson patient’s record
20 Professional Standards Only perform procedures you have been trained and are legally permitted to do.Use only approved, correct proceduresObtain proper authorization before performing any procedureIdentify patient and receive their consent before performing procedure
21 Professional Standards Observe all Safety PrecautionsKeep all information confidentialThink before you speakTreat all patients equallyAccept no tips or bribesIf any mistakes or errors occur report them immediately to your supervisorBehave professionally in dress, language, manners and actions