LEGAL AND ETHICAL LEGAL AND ETHICAL RESPONSIBILITIESRESPONSIBILITIES

LEGAL LEGAL RESPONSIBILITYRESPONSIBILITY

THOSE THAT ARE THOSE THAT ARE AUTHORIZED OR BASED AUTHORIZED OR BASED ON LAWON LAW

CIVIL LAWCIVIL LAW

FOCUSES ON LEGAL FOCUSES ON LEGAL RELATIONSHIPS BETWEEN PEOPLE RELATIONSHIPS BETWEEN PEOPLE AND PROTECTION OF A PERSON’S AND PROTECTION OF A PERSON’S RIGHTSRIGHTS

CRIMINAL LAWCRIMINAL LAW

FOCUSES ON WRONGS FOCUSES ON WRONGS AGAINST A PERSON, AGAINST A PERSON, PROPERTY, OR SOCIETY.PROPERTY, OR SOCIETY.

TORTSTORTS

WRONGFUL ACTS THAT DO WRONGFUL ACTS THAT DO NOT INVOLVE CONTRACTSNOT INVOLVE CONTRACTS

MALPRACTICEMALPRACTICE

FAILURE OF A PROFESSIONAL FAILURE OF A PROFESSIONAL TO USE THE DEGREE OF SKILL TO USE THE DEGREE OF SKILL AND LEARNING COMMONLY AND LEARNING COMMONLY EXPECTED IN THAT EXPECTED IN THAT INDIVIDUALS PROFESSION: INDIVIDUALS PROFESSION: RESULTING IN INJURY, LOSS, RESULTING IN INJURY, LOSS, OR DAMAGE TO THE PERSON OR DAMAGE TO THE PERSON RECEIVING CARERECEIVING CARE

NEGLIGENCENEGLIGENCE

FAILURE TO GIVE CARE THAT FAILURE TO GIVE CARE THAT IS NORMALLY EXPECTED OF A IS NORMALLY EXPECTED OF A PERSON IN A PARTICULAR PERSON IN A PARTICULAR POSITION, RESULTING IN POSITION, RESULTING IN INJURY TO ANOTHER PERSONINJURY TO ANOTHER PERSON

ASSAULT AND BATTERYASSAULT AND BATTERY

ASSAULT INCLUDES A ASSAULT INCLUDES A THREAT TO INJURE.THREAT TO INJURE.

BATTERY INCLUDES THE BATTERY INCLUDES THE UNLAWFUL TOUCHING OF UNLAWFUL TOUCHING OF ANOTHER PERSON ANOTHER PERSON WITHOUT CONSENT.WITHOUT CONSENT.

INVASION OF INVASION OF PRIVACYPRIVACY

INCLUDES UNNECESSARILY INCLUDES UNNECESSARILY EXPOSING AN INDIVIDUAL OR EXPOSING AN INDIVIDUAL OR REVEALING PERSONAL REVEALING PERSONAL INFORMATION REGARDING A INFORMATION REGARDING A PATIENT WITHOUT THE PATIENT WITHOUT THE PATIENT’S CONSENTPATIENT’S CONSENT

FALSE IMPRISONMENTFALSE IMPRISONMENTREFERS TO RESTRAINING AN REFERS TO RESTRAINING AN INDIVIDUAL OR RESTRICTING INDIVIDUAL OR RESTRICTING AN INDIVIDUALS FREEDOM AN INDIVIDUALS FREEDOM WITHOUT PROPER WITHOUT PROPER JUSTIFICATION.JUSTIFICATION.

ABUSEABUSEANY CARE THAT RESULTS ANY CARE THAT RESULTS IN PHYSICAL HARM, PAIN, IN PHYSICAL HARM, PAIN, OR MENTAL ANGUISHOR MENTAL ANGUISH

Possible signs of Possible signs of abuseabuse Poor personal hygienePoor personal hygiene Aggressive or withdrawn behaviorAggressive or withdrawn behavior Unexplained bruises, fractures, Unexplained bruises, fractures,

burns or injuriesburns or injuries

INFORMED CONSENTINFORMED CONSENT

PERMISSION GRANTED PERMISSION GRANTED VOLUNTARILY BY A PERSON VOLUNTARILY BY A PERSON OF SOUND MIND AFTER THE OF SOUND MIND AFTER THE PROCEDURE AND ALL RISKS PROCEDURE AND ALL RISKS INVOLVED ARE FULLY INVOLVED ARE FULLY EXPLAINED TO THE PATIENT EXPLAINED TO THE PATIENT IN TERMS THAT THEY CAN IN TERMS THAT THEY CAN UNDERSTAND.UNDERSTAND.(LAYMEN TERMS)(LAYMEN TERMS)If patient non-English If patient non-English speaking must use translatorspeaking must use translator

DEFAMATIONDEFAMATION

OCCURS WHEN FALSE OCCURS WHEN FALSE STATEMENTS EITHER CAUSE A STATEMENTS EITHER CAUSE A PERSON TO BE REDICULED PERSON TO BE REDICULED OR DAMAGE THE PERSON’S OR DAMAGE THE PERSON’S REPUTATION.REPUTATION.

DEFAMATIONDEFAMATION

SLANDER – INFORMATION SLANDER – INFORMATION IS SPOKENIS SPOKEN

LIBEL – INFORMATION IS LIBEL – INFORMATION IS WRITTENWRITTEN

CONTRACTSCONTRACTS – AN AGREEMENT – AN AGREEMENT MADE BETWEEN TWO OR MORE MADE BETWEEN TWO OR MORE PARTIESPARTIES

IMPLIED CONTRACTS - ARE THOSE IMPLIED CONTRACTS - ARE THOSE OBLIGATIONS THAT ARE OBLIGATIONS THAT ARE UNDERSTOOD WITHOUT VERBALLY UNDERSTOOD WITHOUT VERBALLY EXPRESSED TERMS – EX. PATIENT EXPRESSED TERMS – EX. PATIENT TAKES MED. FROM NURSETAKES MED. FROM NURSE

EXPRESSED CONTRACTS – ARE EXPRESSED CONTRACTS – ARE STATED IN DISTEINT CLEAR STATED IN DISTEINT CLEAR LANGUAGE, EITHER ORALLY OR IN LANGUAGE, EITHER ORALLY OR IN WRITING. EX. A SURGERY PERMITWRITING. EX. A SURGERY PERMIT

LEGAL DISABILITYLEGAL DISABILITY

SOMEONE THAT DOES NOT HAVE SOMEONE THAT DOES NOT HAVE THE LEGAL CAPACITY TO FORM A THE LEGAL CAPACITY TO FORM A CONTRACT. EX.- UNDER AGE, CONTRACT. EX.- UNDER AGE, MENTALLY INCOMPETENT, UNDER MENTALLY INCOMPETENT, UNDER INFLUENCE OF A DRUG, INFLUENCE OF A DRUG, UNCONSCIOUS.UNCONSCIOUS.

ALL PARTIES ENTERING INTO A ALL PARTIES ENTERING INTO A CONTRACT MUST BE FREE OF ANY CONTRACT MUST BE FREE OF ANY LEGAL DISABILTY.LEGAL DISABILTY.

PRIVILEGED PRIVILEGED COMMUNICATIONSCOMMUNICATIONS

ALL INFORMATION GIVEN TO ALL INFORMATION GIVEN TO HEALTH CARE PERSONNEL BY HEALTH CARE PERSONNEL BY A PATIENTA PATIENT..

PRIVILEGED PRIVILEGED COMMUNICATIONSCOMMUNICATIONS

BY LAW THIS INFORMATION MUST BY LAW THIS INFORMATION MUST BE KEPT CONFIDENTIAL AND BE KEPT CONFIDENTIAL AND ONLY SHARED WITH MEMBERS OF ONLY SHARED WITH MEMBERS OF THE PATIENTS HEALTH CARE THE PATIENTS HEALTH CARE TEAM.TEAM.

WRITTEN CONSENT MUST BE WRITTEN CONSENT MUST BE GIVEN BY THE PATIENT IN ORDER GIVEN BY THE PATIENT IN ORDER FOR THIS INFO. TO BE GIVEN TO FOR THIS INFO. TO BE GIVEN TO ANY ELSE.ANY ELSE.

EXEMPTIONS FROM EXEMPTIONS FROM PRIVILEGED PRIVILEGED COMMUNICATIONCOMMUNICATION BIRTHSBIRTHS DEATHSDEATHS INJURIES OF VIOLENCEINJURIES OF VIOLENCE THINGS THAT CALL FOR POLICE THINGS THAT CALL FOR POLICE

INVOLVEMENTINVOLVEMENT DRUG ABUSEDRUG ABUSE COMMUNICABLE DISEASESCOMMUNICABLE DISEASES STDSTD

HIPAAHIPAA HEALTH INSURANCE HEALTH INSURANCE

PORTABILITY AND PORTABILITY AND ACCOUNTABILITY ACTACCOUNTABILITY ACT

FEDERAL GUIDELINES TO FEDERAL GUIDELINES TO PROTECT CONFIDENTIAL PROTECT CONFIDENTIAL HEALTH INFORMATIONHEALTH INFORMATION

HIPAAHIPAA INCREASED USE OF COMPUTERS , INCREASED USE OF COMPUTERS ,

STORAGE AND SENDING OF STORAGE AND SENDING OF PATIENT INFORMATION BY PATIENT INFORMATION BY COMPUTER HASINCREASED THE COMPUTER HASINCREASED THE NEED FOR PRIVACY ISSUES TO NEED FOR PRIVACY ISSUES TO ARRISEARRISE

COMPLIANCE WITH HIPAA COMPLIANCE WITH HIPAA MANDATORYMANDATORY

HEALTH CARE RECORDHEALTH CARE RECORD

PRIVILEGED COMMUNICATIONPRIVILEGED COMMUNICATION LEGAL DOCUMENTLEGAL DOCUMENT MUST BE KEPT FOR THE TIME MUST BE KEPT FOR THE TIME

REQUIRED BY LAWREQUIRED BY LAW BELONG TO THE HEALTH CARE BELONG TO THE HEALTH CARE

PROVIDER, HOWEVER PATIENT HAS PROVIDER, HOWEVER PATIENT HAS RIGHT TO OBTAIN A COPYRIGHT TO OBTAIN A COPY

MUST BE KEPT PROPERLY MUST BE KEPT PROPERLY MAINTAINED, CONFIDENTIALMAINTAINED, CONFIDENTIAL

ERRORS ON THE ERRORS ON THE MEDICAL RECORDMEDICAL RECORD ANY ERROR MADE ON THE ANY ERROR MADE ON THE

MEDICAL RECORD SHOULD BE MEDICAL RECORD SHOULD BE CROSSED THROUGH WITH A CROSSED THROUGH WITH A SINGLE LINE SO MATERIAL IS SINGLE LINE SO MATERIAL IS STILL READABLE, AND CORRECT STILL READABLE, AND CORRECT INFORMATION ADDED.INFORMATION ADDED.

ALL INFORMATION SHOULD BE ALL INFORMATION SHOULD BE RECORDED IN INK.RECORDED IN INK.

ETHICSETHICSA SET OF PRINCIPLES A SET OF PRINCIPLES RELATING TO WHAT IS RELATING TO WHAT IS MORALLY RIGHT OR MORALLY RIGHT OR WRONG. PROVIDE A WRONG. PROVIDE A STANDARD OF CONDUCT STANDARD OF CONDUCT OR CODE OF BEHAVIOROR CODE OF BEHAVIOR

CONFIDENTIALITYCONFIDENTIALITY

INFORMATION ABOUT THE INFORMATION ABOUT THE PATIENT MUST BE KEPT PATIENT MUST BE KEPT PRIVATE AND SHARE ONLY PRIVATE AND SHARE ONLY WITH THE PATIENTS HEALTH WITH THE PATIENTS HEALTH CARE TEAMCARE TEAM

““PATIENTS BILL OF PATIENTS BILL OF RIGHTS”RIGHTS”

WRITTEN DOCUMENT WRITTEN DOCUMENT THAT OUTLINES THE THAT OUTLINES THE PATIENTS RIGHTS. THIS IS PATIENTS RIGHTS. THIS IS RECOGNIZED BY HEALTH RECOGNIZED BY HEALTH CARE FACILITIES.CARE FACILITIES.

OBRAOBRA

OMINUS BUDGET OMINUS BUDGET RECONCILIATION ACT OF 1987RECONCILIATION ACT OF 1987

RESIDENTS IN LONG TERM RESIDENTS IN LONG TERM CARE FACILITIES ARE CARE FACILITIES ARE GUARANTEED CERTAIN GUARANTEED CERTAIN RIGHTS UNDER THIS ACT AND RIGHTS UNDER THIS ACT AND THIS ACT MUST BE POSTEDTHIS ACT MUST BE POSTED

ADVANCE DIRECTIVESADVANCE DIRECTIVESA LEGAL DOCUMENT THAT A LEGAL DOCUMENT THAT ALLOWS INDIVIDUALS TO STATE ALLOWS INDIVIDUALS TO STATE WHAT MEDICAL TREATMENTS THEY WHAT MEDICAL TREATMENTS THEY WANT OR DO NOT WANT IN THE WANT OR DO NOT WANT IN THE CASE THAT THEY BECOME CASE THAT THEY BECOME INCAPACITATIED AND ARE UNABLE INCAPACITATIED AND ARE UNABLE TO MAKE THEIR WISHED CLEAR.TO MAKE THEIR WISHED CLEAR.

LIVING WILLLIVING WILL

DOCUMENTS THAT ALLOW DOCUMENTS THAT ALLOW INDIVIDUALS TO STATE WHAT INDIVIDUALS TO STATE WHAT MEASURES TAKEN TO MEASURES TAKEN TO PROLONG LIFE WHEN PROLONG LIFE WHEN CONDITIONS ARE TERMINALCONDITIONS ARE TERMINAL

DNRDNR

DNR – DO NOT RESUSCITATEDNR – DO NOT RESUSCITATE Order must be written by doctor Order must be written by doctor

prior to – in order to not perform prior to – in order to not perform cprcpr

DURABLE POWER OF DURABLE POWER OF ATTORNEYATTORNEYDOCUMENT THAT PERMITS AN DOCUMENT THAT PERMITS AN INDIVIDUAL TO APPOINT INDIVIDUAL TO APPOINT ANOTHER PERSON TO MAKE ANOTHER PERSON TO MAKE DECISIONS REGARDING HEALTH DECISIONS REGARDING HEALTH CARE IS THEY BECOME UNABLE CARE IS THEY BECOME UNABLE TO MAKE DECISIONSTO MAKE DECISIONS

PATIENT SELF-PATIENT SELF-DETERMINATION ACT DETERMINATION ACT OF 1990 (PSDA)OF 1990 (PSDA)

FEDERAL LAW THAT REQUIRES ALL FEDERAL LAW THAT REQUIRES ALL HEALTH CARE FACILITIES HEALTH CARE FACILITIES RECEIVING ANY TYPE OF FEDERAL RECEIVING ANY TYPE OF FEDERAL AID TO COMPLY WITH A VARIETY OF AID TO COMPLY WITH A VARIETY OF GUIDELINES.GUIDELINES.