1. Legal and Ethical Responsibilities
Chapter 5
Legal and Ethical Responsibilities

2. 5:1 Legal Responsibilities
Criminal law: focuses on wrongs against a person, property or society.
Civil law: focuses on legal relationships between people and the protection of a person’s rights
Tort: wrongful acts that do not include contracts
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3. Legal Responsibilities
Malpractice: Bad Practice
It is considered malpractice when the health care worker is:
– Performing skills that are beyond the level of the health care worker’s education and training

4. Legal Responsibilities
Negligence:
– Neglecting to do something that is considered to be common practice or that is normally expected of a person in a particular position, resulting in the injury to another person. For example: leaving the client in an unsafe situation.

5. Legal Responsibilities (continued)
Assault- A threat or attempt to injure
Battery- The unlawful touching of another without their consent.
Invasion of privacy- Unnecessarily exploring or revealing personal information
False imprisonment- Restraining or restricting a person’s freedom.
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6. Legal Responsibilities
Abuse- Physical harm or mental anguish.
Defamation- False statements that damage a person’s reputation or cause them to be ridiculed

7. Legal Responsibilities (continued)
Contract; a legal agreement between two or more parties
Components of contract
*Offer: entering into a relationship
*Acceptance: treatment is given
*Consideration: payment is made
Implied- Obligations that are understood without verbally expressed terms.
Expressed- Stated in distinct clear language
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8. Legal Responsibilities (continued)
Legal disability - does not have the capacity to form a contract
Breach of contract – a party does not uphold their contractual obligation
Non-English speaking party
Agent - When a person works under the direction and control of another person.
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9. Legal Responsibilities (continued)
Privileged communications; confidential information from a patient
Health care records – are considered privileged communication
Privacy Act: HIPAA-Health Insurance Portability and Accountability Act that was passed by Congress in 1996.
Authorization to release health information

10. Summary States have set rules and regulations
Most health care agencies have specific rules, regulations, and standards
Standards vary from state to state and agency to agency
Health care worker must know all legalities of what is expected of them

11. 5:2 Ethics
Ethics are the principles and values that determine appropriate behavior and deal
with what is morally right or wrong
Provide a standard of conduct or code of behavior
Help health care worker analyze information and make decisions

12. Ethical Dilemmas Frequently created by modern medicine Euthanasia
Confidentiality of AIDS diagnosis
Aborted fetuses and research
Continuing life support
Expensive treatments and payment
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13. Ethical Dilemmas (continued)
Transplant decisions
Legal issues and marijuana
Animals and research
Genetic research
Cloning
Stem cell research

14. Basic Rules of Ethics Save lives and promote health Patient comfort
Respect the patient’s right to die peacefully and with dignity
Treat all patients equally
Provide the best care possible
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15. Basic Rules of Ethics (continued)
Maintain competent skills and knowledge
Respect rules of confidentiality
Refrain from immoral, unethical, and illegal practices
Show loyalty to patients, co-workers, and employers
Be sincere, honest, and caring

16. Summary Study the code of ethics for the occupation you enter
Abide by the code
Become a competent and ethical health care worker
Earns you the respect and confidence of patients, co-workers, and employers

17. 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
Long-term care facilities post Resident’s Bill of Rights

18. 5:4 Advance Directives for Health Care
Also known as legal directives
Purpose
Legal document
Two main directives
Living wills
Durable Power of Attorney (POA)
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19. Advance Directives for Health Care (continued)
Patient Self-Determination Act (PSDA)
Health care workers must be aware of the act and honor it
Health care workers should give serious consideration to preparing their own advance directives

20. Summary
By observing patient rights, health care workers assure patient’s safety, privacy, and well-being, and provide quality care
Advance directives must be recognized and respected by health care workers

21. 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 correct authorization before performing any procedure
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22. Professional Standards (continued)
Identify the patient
Obtain patient’s consent
Observe safety precautions
Keep all information confidential
Think before you speak and watch everything you say
Treat all patients equally
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23. Professional Standards (continued)
Accept no 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
Always carry liability insurance

24. Summary
Know the legal and ethical implications for your particular health care career
Ask questions
Request written policies
Contact your state board of health or education to obtain all the current regulations and guidelines
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25. Summary (continued) Follow basic standards listed
Protect yourself, your employer, and your patient for whom you provide all the necessary health care