1. LEGAL AND ETHICAL RESPONSIBILITIES IN HEALTH CARE
Mrs. Godbee - Introduction to Healthcare Class

2. Legal Responsibilities
Criminal Law
Wrongs against a person, property or society
Examples of criminal law in health care:
practicing without license,
use of narcotics,
theft,
murder
Civil Law
Legal relationships between people and the protection of a persons rights
Torts- wrongful acts that do not involve contracts
Health care mainly affected by civil law:
both contract(ual) and torts

3. Torts Malpractice- “bad practice”
Negligence- failure to give care that is normally expected
Assault-threat or attempt to injure
Battery-unlawful touching of another person without their consent
Invasion of Privacy- includes unneccessary exposure of an individual or revealing personal information

4. Torts (cont.)
False imprisonment-Restraining an individual or restricting their freedom.
Abuse-Any care that results in physical pain or mental anguish or harm.

5. Forms of Abuse
Physical- hitting, restraining, depriving of food water or physical needs
Verbal- can be spoken or written – swearing, shouting, ethnic slurs
Psychological/Mental-threatening harm, denying rights, intimidating, belittling
Sexual - touching, gestures, or suggestions that are unwanted

6. Forms of Abuse Outside the Facility
Domestic Abuse- intimate partner uses threatening, manipulative, aggressive, or violent behavior
Child Abuse- abuse of a child
Elder Abuse- abuse directed toward an older person (may be related to finances)
All abuse must be reported any time of abuse to supervisor and or authorities.

7. Torts (cont.)
Defamation- false statements which cause a person to be ridiculed or ruin their reputation
1) Slander-spoken
2) Libel-written

8. Informed Consent
Permission 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.
Ex. Surgery,
Ex. Treatment of minors
Ex. Diagnostic tests

9. Verbal Consent
Permission is granted after procedure has been explained to patient(s).
Ex. Given Injections
Ex. Taking blood pressure
Never perform a procedure(s) without a patient’s consent

10. Contracts A contract is an agreement between two or more parties.
Consist of three parts:
Offer
Acceptance
Consideration

11. Contracts
Offer – competent individual enters into a relationship with health care provider(s) and offers to be a patient.
Acceptance – health care providers gives them an appointment or examine and treats the patient.
Consideration - payment made by the patient for the physician’s services.

12. Types of Contracts Implied Contracts Expressed Contracts
Obligations understood without verbally expressed terms
Ex. Giving medication to a patient
Expressed Contracts
Stated in distinct and clear language either orally or written.
Ex. Surgical permit

13. Contracts… role of EMPLOYER
Principal- is responsible for the actions of the agent.
Can be required to pay or compensate people who have been injured.
EMPLOYEE
Agent – is a person who works under the direction or control of another person/employer.

14. Legal Disability
A person who does not have the legal capacity to form a contract.
Minors
Mentally incompetent individuals
Someone under the influence of drugs
Someone who does not understand the language
Semiconscious/Unconscious people
Parents/Guardians must form the contract for the(se) individual.

15. Breach of Contract
A contract that requires certain standards of care by competent, qualified individuals.
If a contract is not performed according to agreement, contract is breached.
Ex. Not paying for services rendered.

16. Privileged Communications
All information given to health care personnel by a patient & by law….
Must be kept confidential and shared only by members of patient’s health care team
Must receive written release to give information to others (exceptions: births and deaths, injuries caused by violence, drug abuse, communicable diseases and sexually transmitted diseases.
Must state what information is to be released and to whom it is given.

17. Health Care Records
Records that contain information about the care provided to the patient.
An example of privileged communications
Patient may obtain a copy
Can be used as legal records
Errors crossed out with a single line and initialed, and dated
Must be kept for amount of time required by law then burned or shredded

18. HIPAA Health Insurance Portability & Accountability Act of 1996
The goal is to protect personal information while still allowing information to reach those needed to treat the patient.
All employees must comply with HIPAA

19. Scope of Practice
The scope of practice describes the procedures, actions, and processes that a healthcare practitioner is permitted to undertake in keeping with the terms of their professional license.
Ex. A Nurse = RN, LPN
Ex. A EMT or A Dentist

20. Ethics Set of principals relating to what is morally right or wrong.
Provide a standard of conduct or code of behavior.
Issues: Euthansia, Stem Cell Research, marijuana legalization, animal in research, denying treatment on religious grounds etc..

21. Confidentiality
Information about the patient must remain private and can be shared only with other members of the patient’s health care team.

22. Patients Rights Patient’s Bill of Rights by AHA
Considerate respectful care
Obtain complete current info about diagnosis etc…
Receive info to give informed consent
Have advanced directives- can refuse treatment

23. Patients’ Rights Privacy Confidentialty
Reasonable response to a request for services
Receive info about relationships between doctors and medical facilities etc…
Be informed of right to refuse being involved in research

24. Patients’ Rights Reasonable continuity of care
Right to review medical records and examine bills
Be informed of hospital rules, regulations, and resources to settle greivances

25. Advanced Directives Patient Self-Determination Act of 1990
Legal Directives
Legal documents that allow individuals to state or inform every adult verbally and in writing of their medical treatment; right to make decisions about their care they want or do not want, including right to refuse treatment and right to die
Advance directives should be documented in a patient’s record

26. Advanced Directives
Living Wills- Documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal
Durable Power of Attorney- Document which allows another individual to make their medical decisions for them if they become unable to

27. Professional Standards
Only perform procedures you have been trained and are legally permitted to do.
Use only approved, correct procedures
Obtain proper authorization before performing any procedure
Identify patient and receive their consent before performing procedure

28. Professional Standards
Observe all Safety Precautions
Keep all information confidential
Think before you speak
Treat all patients equally
Accept no tips or bribes
If any mistakes or errors occur report them immediately to your supervisor
Behave professionally in dress, language, manners and actions