© 2009 Delmar, Cengage Learning

Chapter 5

Legal and EthicalResponsibilities

© 2009 Delmar, Cengage Learning

5:1 Legal Responsibilities

• Introduction

• Criminal law

• Civil law

• Tort

• Malpractice

• Negligence

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Legal Responsibilities(continued)

• Assault and battery

• Invasion of privacy

• False imprisonment

• Abuse

• Defamation

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Legal Responsibilities(continued)

• Contract; an agreement between two or more parties

• Components of contract– Offer

– Acceptance

– Consideration

• Implied or expressed

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Legal Responsibilities(continued)

• Legal disability

• Breach of contract

• Non-English speaking party

• Agent

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Legal Responsibilities(continued)

• Privileged communications; confidential information from a patient

• Health care records

• Privacy Act: HIPAA

• Authorization to release health information

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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

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5:2 Ethics

• Set principles dealing 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

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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

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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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© 2009 Delmar, Cengage Learning

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

© 2009 Delmar, Cengage Learning

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

© 2009 Delmar, Cengage Learning

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

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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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© 2009 Delmar, Cengage Learning

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

© 2009 Delmar, Cengage Learning

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

© 2009 Delmar, Cengage Learning

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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© 2009 Delmar, Cengage Learning

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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© 2009 Delmar, Cengage Learning

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

© 2009 Delmar, Cengage Learning

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)

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Summary(continued)

• Follow basic standards listed

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