© 2009 Delmar, Cengage Learning Chapter 5 Legal and Ethical Responsibilities

© 2009 Delmar, Cengage Learning

Chapter 5

Legal and EthicalResponsibilities


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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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


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.


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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Legal Responsibilities

• Abuse- Physical harm or mental anguish.

• Defamation- False statements that damage a person’s reputation or cause them to be ridiculed



• 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(continues)



• 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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• 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


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


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


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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Ethical Dilemmas(continued)

• Transplant decisions

• Legal issues and marijuana

• Animals and research

• Genetic research

• Cloning

• Stem cell research


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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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


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


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


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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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


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


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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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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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


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

(continues)


Summary(continued)

• Follow basic standards listed

• Protect yourself, your employer, and your patient for whom you provide all the necessary health care

Documents

© 2009 Delmar, Cengage Learning Chapter 5 Legal and Ethical Responsibilities