Legal and Ethical Legal and Ethical ResponsibilitiesResponsibilities

Legal ResponsibilitiesLegal Responsibilities

IntroductionCriminal lawCivil lawTortMalpracticeNegligence

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Legal ResponsibilitiesLegal Responsibilities((continuedcontinued))

Assault and batteryInvasion of privacyFalse imprisonmentAbuseDefamation

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Legal ResponsibilitiesLegal Responsibilities((continuedcontinued))

Contract; an agreement between two or

more partiesComponents of contract

◦Offer◦Acceptance◦Consideration

Implied or expressed

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Legal ResponsibilitiesLegal Responsibilities((continuedcontinued))

Legal disabilityBreach of contractNon-English speaking partyAgent

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Legal ResponsibilitiesLegal Responsibilities((continuedcontinued))

Privileged communications; confidential information from a patient

Health care recordsPrivacy Act: HIPAAAuthorization to release health

information

SummarySummary

States have set rules and regulations Most health care agencies have specific

rules, regulations, and standardsStandards vary from state to state and

agency to agencyHealth care worker must know all

legalities of what is expected of them

EthicsEthics

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

Ethical DilemmasEthical Dilemmas

Frequently created by modern medicineEuthanasiaConfidentiality of AIDS diagnosisAborted fetuses and researchContinuing life supportExpensive treatments and payment

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Ethical DilemmasEthical Dilemmas((continuedcontinued))

Transplant decisionsLegal issues and marijuanaAnimals and researchGenetic researchCloningStem cell research

Basic Rules of EthicsBasic Rules of Ethics

Save lives and promote healthPatient comfortRespect the patient’s right to die

peacefully and with dignityTreat all patients equallyProvide the best care possible

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Basic Rules of EthicsBasic Rules of Ethics((continuedcontinued))

Maintain competent skills and knowledge

Respect rules of confidentialityRefrain from immoral, unethical, and

illegal practicesShow loyalty to patients, co-workers,

and employersBe sincere, honest, and caring

SummarySummary

Study the code of ethics for the occupation you enter

Abide by the codeBecome a competent and ethical health

care workerEarns you the respect and confidence of

patients, co-workers, and employers

Patients’ RightsPatients’ 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

Advance Directives for Health Advance Directives for Health CareCare

Also known as legal directivesPurposeLegal documentTwo main directives

◦Living wills◦Durable Power of Attorney (POA)

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Advance Directives for Health Advance Directives for Health CareCare((continuedcontinued))

Patient Self-Determination Act (PSDA)Health care workers must be aware of

the act and honor itHealth care workers should give serious

consideration to preparing their own advance directives

SummarySummary

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

Professional StandardsProfessional 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 StandardsProfessional Standards((continuedcontinued))

Identify the patientObtain patient’s consent Observe safety precautionsKeep all information confidentialThink before you speak and watch

everything you sayTreat all patients equally

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Professional StandardsProfessional Standards((continuedcontinued))

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

SummarySummary

Know the legal and ethical implications for your particular health care career

Ask questions Request written policiesContact your state board of health or

education to obtain all the current regulations and guidelines

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SummarySummary((continuedcontinued))

Follow basic standards listedProtect yourself, your employer, and

your patient for whom you provide all the necessary health care