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 (continued)
Assault and battery
Invasion of privacy
False imprisonment
Abuse
Defamation
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4. Legal Responsibilities (continued)
Contract; an agreement between two or more parties
Components of contract
Offer
Acceptance
Consideration
Implied or expressed
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5. Legal Responsibilities (continued)
Legal disability
Breach of contract
Non-English speaking party
Agent
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6. Legal Responsibilities (continued)
Privileged communications; confidential information from a patient
Health care records
Privacy Act: HIPAA
Authorization to release health information

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

8. 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

9. Ethical Dilemmas Frequently created by modern medicine Euthanasia
Confidentiality of AIDS diagnosis
Aborted fetuses and research
Continuing life support
Expensive treatments and payment
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10. Ethical Dilemmas (continued)
Transplant decisions
Legal issues and marijuana
Animals and research
Genetic research
Cloning
Stem cell research

11. 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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12. 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

13. 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

14. 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
Long-term care facilities post Resident’s Bill of Rights

15. 5:4 Advance Directives for Health Care
Also known as legal directives
Purpose
Legal document
Two main directives
Living wills
Durable Power of Attorney (POA)
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16. Advance Directives for Health Care (continued)
Patient Self-Determination Act (PSDA)
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

17. 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

18. 5:5 Professional Standards
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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19. 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
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20. Professional Standards (continued)
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

21. 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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22. Summary (continued) Follow basic standards listed
Protect yourself, your employer, and your patient for whom you provide all the necessary health care