Legal and Ethical Responsibilities Chapter 5 Legal and Ethical Responsibilities

SPELLING WORDS confidentiality ethics defamation criminal negligence implied malpractice slander libel professional

Legal Responsibilities Legal responsibilities - responsibilities that are authorized or based on law Health care professionals/workers are required to know and follow the state laws that regulate their license or registration for their profession.

Legal Responsibilities Two main types of laws that affect health care workers: Criminal law- crime, wrongs against a person, property or society (ex. practicing without required license, illegal drugs, theft, etc. ) Civil law - legal relationships between people and the protection of a person’s rights, in health care civil law usually involves torts and contracts

Legal Responsibilities Tort - wrongful act that does not involve a crime, someone becomes harmed because health care provider did not meet standards of care, a “civil wrong”

Legal Responsibilities Malpractice - “bad practice” or “professional negligence” The professional failed to use the degree of skill and learning expected in that profession, resulting in injury, loss or damage. Negligence - failure to give care that is normally expected of a person in a particular position, resulting in injury (ex. leaving siderail down and patient falls and injury occurs)

Legal Responsibilities Assault and battery - assault includes threats or attempt to injure, battery is unlawful touching of another person without their consent. Closely related and often used together. Ex: performing a procedure after a patient has refused permission, threatening a patient, improper handling, rough treatment. Informed consent is permission granted voluntarily by a person who is of sound mind after all risks have been explained. Can withdraw consent at any time.

Legal Responsibilities Invasion of privacy - Two kinds, physical and informational physical - ex. improperly covering a patient during a procedure so that others can see patient exposed informational - revealing personal information without that person’s consent, ex. sending information regarding a patient to insurance company without patient’s written permission

Legal Responsibilities False imprisonment - restraining an individual’s freedom without authorization. Ex. applying physical restraints without proper authorization or with no justification AMA - Against Medical Advice, patient decides to leave hospital without a physician’s permission

Legal Responsibilities Abuse - Any care that results in physical harm, pain or mental anguish Physical abuse - depriving of food & water, restraining movement, hitting Verbal abuse - swearing, shouting, inappropriate words to describe their race, nationality, and/or writing threats or abusive statements

Legal Responsibilities ABUSE - Psychological abuse - threatening harm, denying rights, belittling, ridiculing the person, threatening to reveal information about them Sexual abuse - any sexual touching or act, using sexual gestures, or suggesting sexual behavior even if the patient is willing or tries to initiate it

Legal Responsibilities Abuse - domestic abuse, child abuse, elder abuse Any form of abuse must be reported Possible signs and symptoms: unexplained bruises, fractures, burns or injuries signs of neglect, like poor personal hygiene irrational fears or change in personality aggressive of withdrawn behavior patient statements that indicate abuse or neglect

Legal Responsibilities Defamation - when false statements damage a person’s reputation or cause person to be ridiculed Slander - spoken defamation Libel - written defamation Examples: reporting to the health department that patient has an infectious disease when lab results are inaccurate, telling others that a person has a drug problem when actually another medical condition exists, or saying that a coworker is incompetent

Legal Responsibilities Contract - agreement between two or more parties. Implied contracts - obligations that are understood without verbally expressed terms Expressed contracts - stated in clear and distinct language, either orally or in writing, for example, a surgery permit

Legal Responsibilities Legal disability - person does not have the legal capacity to form a contract. Examples: minors, mentally incompetent persons, unconscious people. Parents/guardians must form the contract for the person.

Legal Responsibilities Privileged communications - all information given to health care personnel by a patient, can only share with other members of the health care team that are involved with their care

Legal Responsibilities Health care records are considered privileged communication. Contain info about the care that was given to patient The patient does have a right to obtain a copy Should be shredded or burned when disposed of