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Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole.

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Presentation on theme: "Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole."— Presentation transcript:

1 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 05 Legal and Ethical Responsibilities

2 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:1 Legal Responsibilities Laws and legal responsibilities protect you and society Criminal law – Wrongs against person, property, society Civil law – Relationships between people, protection of person’s rights

3 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Torts Wrongful act that does not involve a contract Malpractice Negligence Assault and battery Invasion of privacy

4 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Torts (continued) False imprisonment Abuse Defamation – Slander – Libel

5 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Contracts Components of contract – Offer – Acceptance – Consideration Implied or expressed

6 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Contracts (continued) Contracted parties must be free of legal disability Breach of contract Use translator/interpreter with non-English- speaking party Principal and agent

7 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Privileged Communications All information from a patient must be kept confidential Can only be released with a patient’s written consent (unless exempt information) Health care records are privileged

8 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Privacy Act Health Insurance Portability and Accountability Act (HIPAA) of 1996 Standards for Privacy of Individually Identifiable Health Information (called the Privacy Rule) Patients must sign a consent form

9 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Privacy Act (continued) Written authorization for release of information Refer to Figures 5-4 and 5-5 in Text Health care workers must protect privacy and confidentiality of patients’ health care records

10 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:2 Ethics Set of principles dealing with what is morally right or wrong Provide a standard of conduct or code of behavior Help health care workers analyze information and make appropriate decisions

11 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:2 Ethics (continued) Ethical dilemmas – Euthanasia – Confidentiality of AIDS diagnosis – Use of aborted fetuses in research – Continuing life support – Expensive treatments and payment

12 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:2 Ethics (continued) Ethical dilemmas (continued) – Transplant decisions – Legal issues with medical marijuana use – Animals and research – Genetic research – Cloning – Stem cell research

13 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:2 Ethics (continued) Basic principles – Save lives and promote health – Patient comfort – Respect a patient’s right to die peacefully and with dignity – Treat all patients equally – Provide the best care possible for every patient

14 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:2 Ethics (continued) Basic principles (continued) – Maintain competent skills and knowledge – Stay up-to-date and pursue continuing education – Respect rules of confidentiality – Refrain from immoral, unethical, and illegal practices

15 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:2 Ethics (continued) Basic principles (continued) – Show loyalty to patients, coworkers, and employers – Be sincere, honest, and caring Learn and abide by the code of ethics for your chosen career

16 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:3 Patients’ Rights Agencies must have written policies for patients’ rights All personnel must respect and honor these rights American Hospital Association has affirmed a Patient’s Bill of Rights

17 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:3 Patients’ Rights (continued) Residents of long-term care facilities have rights guaranteed under the Omnibus Budget Reconciliation Act (OBRA) of 1987 Long-term care facilities must post a Resident’s Bill of Rights

18 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:4 Advance Directives for Health Care Also known as legal directives Allow individuals to state desired and undesired medical treatment in the event of incapacitation Legal document

19 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:4 Advance Directives for Health Care (continued) Two main directives – Living will – Designation of Health Care Surrogate or a Durable Power of Attorney (POA) for Health Care (refer to Figure 5-8 in Text)

20 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:4 Advance Directives for Health Care (continued) Patient Self-Determination Act (PSDA) of 1990 Health care workers must be aware of and honor advance or legal directives Health care workers should consider preparing their own advance directives

21 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:5 Professional Standards Perform only those procedures for which you have been trained and are legally permitted to do Use approved, correct methods while performing any procedure Obtain proper authorization before performing any procedure

22 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:5 Professional Standards (continued) Identify the patient Obtain the patient ’ s consent Observe safety precautions Keep all information confidential Think before speaking, consider what you say Treat all patients equally

23 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:5 Professional Standards (continued) Do not accept tips or bribes for care you provide If an error or a mistake occurs, report it immediately to your supervisor Behave professionally in dress, language, manners, and actions

24 Copyright © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5:5 Professional Standards (continued) Liability insurance provides additional protection in case of legal action It is your responsibility to understand legal and ethical requirements of your career Obtain pertinent information from your state board of health or education


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