1. Legal & Ethical Responsibilities HEALTH SCIENCE

2. Objectives ■ Understand and know legal actions concerning : malpractice, negligence, assault and battery, invasion of privacy, false imprisonment, abuse, and defamation

3. ■ Describe how contract laws affect health care ■ Explain privileged communication ■ Understand legal regulations that apply to health care records

4. ■ List rules of ethics for health care personnel ■ Know rights of the patient ■ Understand how professional standards help meet legal/ethical requirements

5. Legal Responsibilities ■ Are those that are authorized or based on law.

6. Civil Law ■ This focuses on legal relationships between people and the protection of a person’s rights.

7. Criminal Law ■ This focuses on wrongs against a person, property, or society.

8. ■ Health care is mainly affected by civil law especially those aspects involving contracts and torts.

9. Torts ■ Wrongful acts that do not involve contracts. ■ So what are torts?

10. Malpractice ■ “Bad Practice” ■ Failure of a professional to use skill expected in their profession, resulting in injury, loss, or damage to the person receiving care.

11. Negligence ■ Failure to give care that is normally expected resulting in injury to another person. ■ Ex. Siderails left down, use of non-sterile instruments

12. Assault & Battery ■ Assault – threat or attempt to injure. ■ Battery – The unlawful touching of another person without consent.

13. Informed Consent ■ This is permission granted voluntarily by a person who is of sound mind, after risks involved and the procedure have been explained in terms the person understands.

14. Informed Consent ■ Must be in writing before some practices and procedures can be performed.

15. Examples ■ Surgery ■ Certain diagnostic tests ■ Experimental procedures ■ Treatment of a minor

16. ■ Informed consent can be withdrawn at any time by the patient. ■ NO procedure should ever be done without consent.

17. Invasion of Privacy ■ Includes needlessly exposing an individual or revealing personal information about them without consent.

18. Examples ■ Improperly covering a patient during a procedure ■ Sending insurance information w/o consent ■ Informing news media

19. False Imprisonment ■ Refers to restraining an individual or restricting their freedom.

20. Examples ■ Keeping a patient hospitalized against their will. ■ Applying physical restraints w/o authorization or reason.

21. Abuse ■ Care that results in physical harm, pain, or mental anguish. There are different types of abuse.

22. Physical Abuse ■ Hitting, restraining movement, deprivation of food and/or water, not providing physical care

23. Verbal Abuse ■ Speaking harshly, swearing or shouting, using inappropriate words to describe a person’s race or nationality, and or writing threats or abusive statements

24. Psychological Abuse ■ Threatening harm, denying rights, belittling, intimidating, threatening to reveal imformation

25. Sexual Abuse ■ Any unwanted sexual touching or act, using sexual gestures, and/or suggesting sexual behavior.

26. Defamation ■ This occurs when false statements either cause a person to be ridiculed or damage their reputation.

27. Defamation ■ Slander- If it is spoken ■ Libel- If it is written

28. Contracts ■ Implied- understood, but not verbally expressed ■ Expressed- stated in distinct and clear language, either orally or in writing

29. ■ A person with a legal disability cannot form a contract.

30. Legal Disability ■ Minors ■ Mentally incompetent ■ Altered mental state by drugs or alcohol ■ Unconscious or semiconscious

31. Agent ■ A person working under the control and direction of another person.

32. ■ Employer – Principal ■ Employee – Agent ■ The principal is responsible for the agents actions.

33. Privileged Communication ■ All information given to health care personnel by a patient. ■ Cannot be shared without written consent. ■ Health care records included

34. Ethics ■ A set of principles relating to what is morally right and wrong. ■ Ethics provide a code of behavior

35. Patient’s Bill of Rights ■ Affirmed by The American Hospital Association and is recognized and honored by many health care facilities.

36. Advance Directives ■ Legal documents that allow individuals to state what medical treatment they want or do not want in the event that they become unable to express their wishes.

37. Two Main Directives ■ Living Wills – States measures that should be taken or not taken to prolong life. (DNR)

38. ■ Durable Power of Attorney-A document that permits an individual (principal) to appoint another person (agent) to make any decisions regarding health care if principal should become unable to do so.

39. Professional Standards ■ 1. Perform only procedures which you are trained and legally permitted to do. ■ 2. Use approved, correct methods while performing any procedure.

40. ■ 3. Obtain proper authorization before performing any procedure. ■ 4. Identify the patient and obtain consent before any procedure.

41. ■ 5. Observe all safety precautions. ■ 6. Keep all information confidential. ■ 7. Think before you speak.

42. ■ 8. Treat all patients equally. ■ 9. Accept no tips or bribes. ■ 10. Immediately report any mistakes or errors. ■ 11. Behave professionally: dress, language and actions.