Unit 4 Legal and Ethical Responsibilities

4:1 Legal Responsibilities All health care workers have legal responsibilities & all patients have rights. Patients’ Bill of Rights: Care and consideration that a patient can expect to receive from health care facilities. Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

A patient has the right to: Considerate and respectful care Obtain complete and current info regarding their prognosis Be given adequate information about a procedure in order to give consent Have advanced directives for health care and refusal of treatment Privacy concerning a medical care program Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Continued Confidential treatment of all health records Reasonable response to request for services Be given info regarding any relationship a hospital may have with education institutions Be advised and have the right to refuse to participate in a research project Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Continued Expect reasonable continuity of care Examine medical bills and be given an explanation of the charges Be informed of hospital rules and policies Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Advanced Directives Legal documents that allow individuals to state what medical treatment they do and do not want in the event they are unable to express their wishes. Two most common directives: Living Wills Durable Power of Attorney (AKA: Health Care Proxy) Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Continued Living Will: Document that gives specific instructions regarding what measures should and should not be taken to prolong life. DNR: Do Not Resuscitate: CPR (or any life-sustaining measure) is not performed when the pt stops breathing Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Continued Durable Power of Attorney (AKA: Health Care Proxy): Allows an individual to appoint another person to make decisions about their medical care in the event they are unable to do so themselves Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Confidentiality A pt’s health information can be shared only with other members of the pt’s health care team HIPPA: Health Insurance Portability and Accountability Act: Law enacted that protects patients’ health information Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. The Medical Record Health care records (patient chart) can be used as legal records in court. Must be kept confidential. No erasures allowed Errors are crossed out with a single line with initials and date of charting error. Correction is inserted beside of error Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Legal Action Against Health Care Workers Tort: Wrongful act that results in a pt being harmed or injured because a health care provider did not meet the expected standards o care. Examples of torts: Malpractice: (bad practice): The failure of a professional to provide care that is commonly expected in that profession resulting in injury, loss, or damages to the pt. Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Continued Negligence: Failure to give care that is normally expected of a person in that particular position. Assault & Battery: Assault is a threat or attempt to injure; battery includes the unlawful touching a someone Invasion of privacy: Unnecessarily exposing and individual or revealing personal health info about the pt Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Continued False Imprisonment: Restraining an individual or restricting their freedom Abuse: Care that results in physical harm, pain, or mental anguish. Physical Verbal Psychological Sexual Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Continued Defamation: Occurs when false statements cause an individual to be ridiculed or damage a person’s reputation Slander: Spoken defamation Libel: Written defamation Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Consent Permission granted voluntarily by a person who is of sound mind after a procedure has been explained Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Stop Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 4:2 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 Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Ethical Dilemmas Frequently created by modern medicine Euthanasia ~ AKA: mercy killing Confidentiality of AIDS diagnosis Aborted fetuses and research Continuing life support Expensive treatments and payment Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Ethical Dilemmas (continued) Transplant decisions Legal issues and marijuana Animals and research Genetic research Cloning Stem cell research Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Basic Rules of Ethics Save lives and promote health Keep patients comfortable Respect the patient’s right to die peacefully and with dignity Treat all patients equally Provide the best care possible Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Basic Rules of Ethics (continued) Maintain competent skills and knowledge Maintain confidentiality Refrain from immoral, unethical, and illegal practices Show loyalty to patients, co-workers, and employers Be sincere, honest, and caring Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Top 10 Questions to Ask Yourself When Making an Ethical Decision Could this decision become habit forming? If so don’t do it Is it legal? If not don’t do it Is it safe? If it isn’t don’t do it Is it the right thing to do? If not, don’t do it Will this stand the test of public scrutiny? If it won’t don’t do it 5. If something terrible were to happen, could I defend myself? If not, don’t do it Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Top 10 Questions to Ask Yourself When Making an Ethical Decision Is it just, balanced, and fair? If not, don’t do it How will it make me feel about myself? If it’s lousy, don’t do it Does this choice lead to the greatest good for the greatest number? If not, don’t do it 1. Would I do this in front of my mother? If you wouldn’t don’t do it Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

4:5 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 Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Professional Standards (continued) Identify the patient and obtain their consent before performing any procedures Observe all safety precautions Keep all information confidential Think before you speak and watch everything you say Treat all patients equally Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Professional Standards (continued) Accept no tips or bribes for care you provide If an error occurs or you make a mistake, report it immediately to your supervisor Behave professionally in dress, language, manners, and actions Always carry liability insurance Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. Summary Know the legal and ethical implications for your particular health career Ask questions or request written policies Contact state board of health or education to obtain regulations and guidelines Follow the basic standards listed Protect yourself, your employer, and your patient for whom you provide health care Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.