Legal Responsibilities Sheila Carlton

Introduction Certain laws and legal responsibilities in every aspect of life Formulated to protect you and society Health care workers also have certain responsibilities Protects you, employer, safety and well- being of patient

Legal Responsibilities Authorized or based on law Civil Law: dealing with legal relationships between people and protection of a person’s rights Criminal laws: dealing with wrongs against a person, property or society Torts: civil wrongs as opposed to crimes

Malpractice “Bad Practice” “Professional Negligence” Defined as the failure of a professional to use the degree of skill and learning commonly expected in a particular profession Examples: Nurse performing surgery

Negligence Failure to give care that is normally expected of a person in a particular position, with resulting injury to another person Example: falls that occur when siderails are left down Burns caused by equipment that malfunctions

Assault and Battery Assault: can include a threat or attempt to injure Battery: unlawful touching of another person without consent Informed consent: permission granted voluntarily by a person who is of sound mind after the procedure and all risks involved have been explained in terms the person can understand

Written Consent Surgery Certain Diagnostic Test Treatment of minors Siderail release Verbal –Important to remember that a person has the right to withdraw consent at any time –Explain all procedures to patient –DO NOT perform procedure if patient says NO

Invasion of Privacy Unnecessary exposure of an individual or revealing personal information about an individual without consent Examples –Improper draping or covering of a patient during a procedure –Sending information to someone without patient’s permission –Telling news media information without patient’s permission

Abuse Any care that results in physical harm, pain, or mental anguish Laws in all states require the reporting of any form of abuse to proper authorities Classifications –Physical –Verbal or Mental –Sexual

Defamation False statements cause a person to be ridiculed or cause damage to his/her reputation Slander: information is spoken Libel: information is written

Privileged Communications All information given to health personnel by a patient By law this information must be kept confidential Certain information exempt by law and must be reported –Births and deaths –injuries caused by violence –Drug Abuse –Sexually Transmitted diseases

Health Care Records Records containing information on the care that has been provided to the patient Belonged to health care provider, but patient has right to obtain a copy Can be a legal record in court Erasures are not allowed on records Must be properly maintained To be destroyed records must be burned or shredded

Health Care Records Cont. Computerized records have created to maintaining confidentiality –Limiting personnel who have access –Use codes to prevent access to certain information –Requiring passwords for specific information –Constantly monitoring and evaluating computer use

Summary Legal Responsibilities are an important aspect of health care All states have set rules and regulations Most health care agencies have specific rules, regulations and standards that determine activities performed by individuals in different positions Standards vary from state to state and even from agency to agency