Legal and Ethical Issues in Health Care

Legally Speaking… Malpractice: “professional negligence” Defined as: failure of a professional to use the degree of skill and learning commonly expected in that individuals profession. Example: nurse performing minor surgery without training.

Negligence: Defined: failure to give care that is normally expected of a person in a particular position, resulting in injury to another person. Example: Falls, using defective equipment, infections as a result of nonsterile instruments or equipment, burns caused by improper use of heat or radiation treatments

Assault & Battery Assault: a threat or attempt to injure. Battery: unlawful touching of another person without consent.

Informed Consent Written consent For procedures such as surgery, diagnostic tests, experimental procedures, treatment of minors, Defined as: permission granted voluntarily by a person of sound mind, after the procedure and all risks have been explained in terms the person can understand.

Invasion of Privacy unnecessarily exposing an individual revealing personal information about an individual without the person’s consent.

False Imprisonment Restraining an individual Restricting an individual’s freedom Examples: keeping a person hospitalized against their will Applying physical restraints without proper authorization or justification.

Abuse Any care that results in physical harm, pain, or mental anguish. Examples: denial of rights, mistreatment, deprivation of services, mental intimidation, and unnecessary restraint.

Defamation 2 types: Slander and Libel Slander: spoken false statements that cause a person’s reputation to be damaged. Libel: written false statements that cause a person’s reputation to be damaged

Legal Disabilities One who does not have the legal capacity to form a contract. Ex: a minor, mentally incompetent, persons under the influence of drugs that alter the mental state, semiconscious, or unconscious Parents, guardians, or others permitted by law must form the contract for the individual

Privileged Communications All information given to health care personnel by a patient. KEPT CONFIDENTIAL!!!! Can’t be told to anyone else without the written consent of the person. Certain info is exempt by law and must be reported: births, deaths, injuries caused by violence, drug abuse, communicable diseases, and STD’s.

Privileged Communications Health Care Records : belong to the facility, the patient has the right to obtain a copy. Can be used as legal records in courts of law ERASURES are not permitted on records. Mark with a single line, correct, initial and date.