1. Legal and Ethical Responsibilities
Chapter 5
Legal and Ethical Responsibilities

2. 5:1 Legal Responsibilities
Introduction
Criminal law
Civil law
Tort
Malpractice
Negligence
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3. Legal Responsibilities Cont.
Criminal Law: focuses on behavior known as crime; deals with the wrongs against a person, property, or society
Civil Law: focuses on legal relationships between people and the protection of a person’s rights

4. Legal Responsibilities Cont.
Tort: a wrongful act that does not involve a contract. A tort occurs when a person is harmed or injured because a health care provider does not meet the established or expected standards of care.
Malpractice
Negligence
Assault and Battery (treat vs. touching)
Invasion of Privacy
False Imprisonment (restricting or restraining freedom)
Abuse (physical harm, pain, or mental anguish)
Deformation (false statements)

5. Legal Responsibilities Cont.
Malpractice: “bad practice”, the failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession, resulting in injury, loss, or damage to the person receiving care.
Negligence: failure to give care that is normally expected of a person in a particular position, resulting in injury to another person.

6. Legal Responsibilities (continued)
Contract: an agreement between two or more parties
Components of contract
Offer (competent individual offers to be a patient)
Acceptance (health care provider examines/treats patient)
Consideration (payment made by patient for services)
Implied or expressed
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7. Legal Responsibilities (continued)
Legal disability  a person who has a legal disability does not have the legal capacity to form a contract (under age, under influence)
Breach of contract
Non-English speaking party (translator)
Agent (when a person works under the direction of another person, employer is principal and person under employer is agent
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8. Legal Responsibilities (continued)
Privileged communications; confidential information given to health care professional from a patient
Health care records
Privacy Act: HIPAA
Authorization to release health information
Health care provider, attorney, insurance company, patient’s family, etc.

9. Summary States have set rules and regulations
Most health care agencies have specific rules, regulations, and standards that vary from state to state
Health care worker must know all legalities of what is expected of them

10. 5:2 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

11. Ethical Dilemmas Frequently created by modern medicine Euthanasia
Confidentiality of AIDS diagnosis
Aborted fetuses and research
Continuing life support
Expensive treatments and payment
Euthanasia – the painless killing of a patient suffering from an incurable and painful disease
 Youth en aze ia
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12. Ethical Dilemmas (continued)
Transplant decisions
Legal issues and marijuana
Animals and research
Genetic research
Cloning
Stem cell research

13. Basic Rules of Ethics Save lives and promote health Patient comfort
Respect the patient’s right to die peacefully and with dignity
Treat all patients equally
Provide the best care possible
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14. Basic Rules of Ethics (continued)
Maintain competent skills and knowledge
Respect rules of confidentiality
Refrain from immoral, unethical, and illegal practices
Show loyalty to patients, co-workers, and employers
Be sincere, honest, and caring

15. Summary Study the code of ethics for the occupation you enter
Abide by the code
Become a competent and ethical health care worker
Earns you the respect and confidence of patients, co-workers, and employers

16. 5:3 Patients’ Rights
Agencies must have written policies for patients’ rights
All personnel must respect and honor these rights
American Hospital Association has affirmed a Patient’s Bill of Rights

17. 5:4 Advance Directives for Health Care
AKA Legal Directives
Purpose  legal documents that allow individuals to state what medical treatment they want or do not want if they are unable to express their wishes regarding their medical care
Legal document
Two main directives
Living wills
Durable Power of Attorney (POA)
Living Wills – documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal

18. Advance Directives for Health Care (continued)
Patient Self-Determination Act (PSDA)
comply with specific requirements (pg. 115)
Health care workers must be aware of the act and honor it
Health care workers should give serious consideration to preparing their own advance directives

19. Summary
By observing patient rights, health care workers assure patient’s safety, privacy, and well-being, and provide quality care
Advance directives must be recognized and respected by health care workers

20. 5:5 Professional Standards
Professional Standards – by following specific standards at all times, you protect yourself, your employer and the patient.
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
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21. Professional Standards (continued)
Identify the patient
Obtain patient’s consent
Observe safety precautions
Keep all information confidential
Think before you speak and watch everything you say
Treat all patients equally
Accept no tips or bribes for care you provide
If an error or a mistake occurs, report it immediately to your supervisor
Behave professionally in dress, language, manners, and actions
Always carry liability insurance

22. Summary
Know the legal and ethical implications for your particular health care career
Ask questions
Request written policies
Contact your state board of health or education to obtain all the current regulations and guidelines
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23. Summary (continued) Follow basic standards listed
Protect yourself, your employer, and your patient for whom you provide all the necessary health care