1. Unit 5

2.  Laws and legal responsibilities are a part of every day life. School Driving (traffic laws) Work Related (age) Medical (proper training)  Laws are designed to protect you and society Legal/Ethical (Don’t Write)

3.  Laws A law is a rule that must be followed Laws are created and enforced by the local, state and federal government Health care professionals must know: ○ Laws that regulate their license ○ Standards for their profession (Scope of Practice) Legal/Ethical (Start Writing)

4.  Laws Failure to meet legal responsibilities may result in legal action against you and/or your employer. “I didn’t know.” “They told me to do it.” “Everyone else does it.” Legal/Ethical

5.  Types of Laws Two main types of laws affect health care workers: ○ Criminal Law ○ Civil Law Legal/Ethical

6.  Types of Laws Criminal Law: ○ Commonly called a “crime” ○ A wrong against a person, property or society Examples: ○ Practicing without a required license ○ Misuse of narcotics ○ Theft ○ Murder Legal/Ethical

7.  Types of Laws Civil Law: ○ Legal relationships between people and protection of a person’s rights ○ Much of civil law deals with Torts and Contracts Legal/Ethical

8.  Torts Wrongful act that does not involve a contract Civil wrong instead of a crime When a person is harmed or injured because a health care provider does not meet the established or expected standards of care Legal/Ethical - Tort

9.  Malpractice Failure of a professional to use the degree of skill and learning commonly expected in a particular profession “Bad practice” / “Professional Negligence” Causes injury, loss, or damage to the person receiving care Legal/Ethical - Tort

10.  Malpractice Examples: ○ Physician not administering tetanus injection when a patient has a puncture wound ○ Nurse performing minor surgery without any training Legal/Ethical - Tort

11.  Negligence Failure to give care that is normally expected of a person in a particular position which results in injury to another person. Legal/Ethical - Torts

12.  Negligence Examples: ○ Falls and injuries that occur when side rails are left down (hospital different than long-term care) ○ Using and/or not reporting defective equipment ○ Infections caused by use of non-sterile instruments and/or supplies ○ Burns caused by heat or radiation treatments Legal/Ethical - Tort

13.  Assault & Battery Closely related and often used together Assault: can include a threat or attempt to injure Battery: unlawful touching of another person without consent Legal/Ethical - Tort

14.  Assault & Battery Patients MUST give consent prior to any treatment Patients have the right to refuse care (competency) Legal/Ethical - Tort

15.  Assault & Battery Written consent is required for some procedures: ○ Surgery ○ Certain diagnostic tests ○ Treatment of minors ○ Side rail releases (hospital different than long-term care) Legal/Ethical - Tort

16.  Assault & Battery Verbal consent is permitted for some procedures: Informed Consent: permissions 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 Legal/Ethical - Tort

17.  Assault & Battery Informed Consent: Person has right to withdraw consent at any time Do NOT perform procedure if patient did not give consent Legal/Ethical - Tort

18.  Assault & Battery Implied Consent: When a person is unable to give consent for treatment in an emergency situation and it would be prudent (what medical professionals would agree would be the “right thing to do”)for a medical professional to treat them (life threatening situation) Legal/Ethical - Tort

19.  Assault & Battery Examples of Assault & Battery: ○ Performing procedure after the patient has refused to give permission ○ Improper handling and rough treatment of patients Legal/Ethical - Tort

20.  Invasion of Privacy Unnecessary exposure of an individual or revealing personal information about an individual without their consent Legal/Ethical - Tort

21.  Invasion of Privacy Examples: ○ Not covering a patient properly during a procedure which allows others to see patient exposed ○ Not closing door or pulling curtain when performing procedure ○ Not knocking on the door of a long- term care resident and awaiting permission to enter room Legal/Ethical - Tort

22.  Invasion of Privacy Examples: ○ Speaking about a patient to friends, family or other persons not directly associated with the care of patient ○ Reviewing the medical record of a patient you are not caring for ○ Speaking about patient in public Legal/Ethical - Tort

23.  Invasion of Privacy Examples: ○ Sending information to an insurance company without patient knowing ○ Informing news media about a patient’s condition without their consent. Legal/Ethical - Tort

24.  False Imprisonment Restraining an individual or restricting an individual’s freedom Examples: ○ Keeping patient hospitalized against their will ○ Applying physical restraint without proper authorization or justification Legal/Ethical - Tort

25.  Abuse Any care that results in physical harm, pain, or mental anguish  Types of Abuse Physical – hitting, depriving food/water Verbal – swearing, shouting, threats Psychological – belittling, intimidating Sexual – unwanted sexual touching Legal/Ethical - Tort

26.  Abuse Patients may experience abuse prior to entering health care facility  Types of Abuse – (specific) Domestic abuse – Intimate partner uses threatening, manipulative, aggressive or violent behavior to maintain power & control over another person Child abuse – abuse directed toward a child Elder abuse – abuse directed toward an older person Legal/Ethical - Tort

27.  Abuse Be alert for signs/symptoms of abuse Examples: ○ Unexplained bruises, fractures, burns ○ Neglect; poor personal hygiene ○ Irrational fears, change in personality ○ Aggressive/withdrawn behavior ○ Statements made by patient Legal/Ethical - Tort

28.  Abuse Presence of signs/symptoms indicates a need for further investigation. Health care workers are REQUIRED by law to report any signs of abuse to immediate supervisor and/or proper legal authorities State of Florida Abuse Registry 1-800-962-2873 Legal/Ethical - Tort

29.  Defamation False statements that cause a person to be ridiculed, or cause damage to a person’s reputation Types of Defamation: ○ Libel - written ○ Slander - spoken Legal/Ethical - Tort

30.  Defamation Examples: ○ Stating that a person has a drug problem when another medical condition exists. (Diabetes) ○ Stating a person has infectious disease (HIV/AIDS) incorrectly Legal/Ethical - Tort