2 Legal REsponsibility Legal responsibilities are based on law. Civil Law- legal relationshipsCriminal Law- wrong committed against a person, property or society.Healthcare is generally affected by civil law. Primarily TORTS
3 TORTS Torts- Wrongful acts that do not involve contracts. Failure to meet your legal responsibility.Doctor did not meet the established or expected standards. (reasonable standard)
4 Tort violations Malpractice Bad practice. More commonly thought of as PROFESSIONAL NEGLIGENCE.Ie. Dr. fails to give tetanus shot after a puncture woundNegligence- failure to give care normally expected, resulting in injury to another person.
5 Tort Violations Assault-Threat or attempt to injure Battery- unlawful touching without consentPatients have the right to refuse care. Sometimes verbal consent is allowed. Ie. Put the side rail down on the bed.Some MUST be signed ie. INFORMED CONSENTPermission granted after all risks have been explained. Patient must be of sound mind to be legally bound to the document. HOWEVER: Patient always retains the right to withdraw consent.A and B may be rough handling of a patient or procedure performed against the patient’s will.
6 Tort violations cont… Invasion of Privacy False imprisonment Revealing personal information without consent.Not properly covering a patient to maintain modestyFalse imprisonmentRestraining or restricting and individual’s freedom (hospitalization against will)Abuse: Verbal, physical, psychological, sexual abuse, (ELDERLY)
7 Tort ViolationsDefamation of character- false statements that cause ridicule or damage to reputationSlander that is written as LIBEL
8 contractsContracts: Agreement between 2 or more parties. Contains the following:OfferAcceptanceConsideration (payment made)Implied Contract- understood without verbally stating. If nurse gives meds and patient voluntarily takes them, it is implied that the patient accepts treatment.
9 Contracts cont…Expressed contract- stated clearly and distinctly either orally or in writing.Legal disability- all parties in a contract must have the legal capability to enter the contract ie. Legal adult, sound mind, power of attorney.TRANSLATOR-must be present if person does not speak language or documents are not in their language.
10 Privileged communications Legal responsibility- information about their health can only be shared with other members of that patients healthcare team, must stay confidential (dr/pt confidentiality)Only shared by written consent UNLESS:Death, birth, battery, abuse, stabbing, drug abuse, disease communicable, STD, gun shot etc…Healthcare records- privileged information that belongs to the doctor. Patient has a right to obtain copy. May be used in a court of law.
11 ethicsEthics- set of principles relating to what is morally right or wrong. Standard of conduct or code of behavior.LOTS of dilemma’s arise due to ethics!!!!!EuthanasiaIf doctor has HIV should he have to disclose that to his patients?Page 93: Pick 2 and write answer
12 Basic Ethics principles Saving life and promotion of healthKeep patient comfortableRespect patients choice to die peacefully with dignityTreat all patients equally regardless of race, etc…Provide care for all individuals to the best of your abilityMaintain competent skill levelStay up to date through continuing educationMaintain confidentialityRefrain from immoral unethical and illegal practicesLoyalty to patients and employersBe sincere honest and caring
13 Patient rightsWritten rights and policies are federal and state law required.Pg 94 Patient Bill of RightsResident bill of rights for long term care
14 Advance directivesLegal directives- allow individuals to state what treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care.1) LIVING WILLStates what measures should be taken to prolong life when conditions are terminalDocument must be signed when patient competent.DNR Do not resuscitate (extremely hard to determine.
15 Advanced directives 2)DURABLE POWER OF ATTORNEY Principal (pt)- appoints another person to make any decisions regarding health care if the principal should not be able to make those decisions.POA- must be signed by principal agent and 2 legal witnesses.1990 Patient self determination act (PSDA). All healthcare agencies requiring federal aide must inform patients of their legal rights and directives.Page 97: Professional standards