1. Unit 4 Legal and Ethical Responsibilities

2. 4:1 Legal Responsibilities
All health care workers have legal responsibilities & all patients have rights.
Patients’ Bill of Rights: Care and consideration that a patient can expect to receive from health care facilities.
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3. A patient has the right to:
Considerate and respectful care
Obtain complete and current info regarding their prognosis
Be given adequate information about a procedure in order to give consent
Have advanced directives for health care and refusal of treatment
Privacy concerning a medical care program
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Continued
Confidential treatment of all health records
Reasonable response to request for services
Be given info regarding any relationship a hospital may have with education institutions
Be advised and have the right to refuse to participate in a research project
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Continued
Expect reasonable continuity of care
Examine medical bills and be given an explanation of the charges
Be informed of hospital rules and policies
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Advanced Directives
Legal documents that allow individuals to state what medical treatment they do and do not want in the event they are unable to express their wishes.
Two most common directives:
Living Wills
Durable Power of Attorney (AKA: Health Care Proxy)
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Continued
Living Will: Document that gives specific instructions regarding what measures should and should not be taken to prolong life.
DNR: Do Not Resuscitate: CPR (or any life-sustaining measure) is not performed when the pt stops breathing
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Continued
Durable Power of Attorney (AKA: Health Care Proxy): Allows an individual to appoint another person to make decisions about their medical care in the event they are unable to do so themselves
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Confidentiality
A pt’s health information can be shared only with other members of the pt’s health care team
HIPPA: Health Insurance Portability and Accountability Act: Law enacted that protects patients’ health information
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The Medical Record
Health care records (patient chart) can be used as legal records in court. Must be kept confidential.
No erasures allowed
Errors are crossed out with a single line with initials and date of charting error. Correction is inserted beside of error
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11. Legal Action Against Health Care Workers
Tort: Wrongful act that results in a pt being harmed or injured because a health care provider did not meet the expected standards o care.
Examples of torts:
Malpractice: (bad practice): The failure of a professional to provide care that is commonly expected in that profession resulting in injury, loss, or damages to the pt.
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Continued
Negligence: Failure to give care that is normally expected of a person in that particular position.
Assault & Battery: Assault is a threat or attempt to injure; battery includes the unlawful touching a someone
Invasion of privacy: Unnecessarily exposing and individual or revealing personal health info about the pt
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Continued
False Imprisonment: Restraining an individual or restricting their freedom
Abuse: Care that results in physical harm, pain, or mental anguish.
Physical
Verbal
Psychological
Sexual
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Continued
Defamation: Occurs when false statements cause an individual to be ridiculed or damage a person’s reputation
Slander: Spoken defamation
Libel: Written defamation
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Consent
Permission granted voluntarily by a person who is of sound mind after a procedure has been explained
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Stop
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4:2 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
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Ethical Dilemmas
Frequently created by modern medicine
Euthanasia ~ AKA: mercy killing
Confidentiality of AIDS diagnosis
Aborted fetuses and research
Continuing life support
Expensive treatments and payment
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19. Ethical Dilemmas (continued)
Transplant decisions
Legal issues and marijuana
Animals and research
Genetic research
Cloning
Stem cell research
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Basic Rules of Ethics
Save lives and promote health
Keep patients comfortable
Respect the patient’s right to die peacefully and with dignity
Treat all patients equally
Provide the best care possible
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21. Basic Rules of Ethics (continued)
Maintain competent skills and knowledge
Maintain confidentiality
Refrain from immoral, unethical, and illegal practices
Show loyalty to patients, co-workers, and employers
Be sincere, honest, and caring
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22. Top 10 Questions to Ask Yourself When Making an Ethical Decision
Could this decision become habit forming? If so don’t do it
Is it legal? If not don’t do it
Is it safe? If it isn’t don’t do it
Is it the right thing to do? If not, don’t do it
Will this stand the test of public scrutiny? If it won’t don’t do it
5. If something terrible were to happen, could I defend myself? If not, don’t do it
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23. Top 10 Questions to Ask Yourself When Making an Ethical Decision
Is it just, balanced, and fair? If not, don’t do it
How will it make me feel about myself? If it’s lousy, don’t do it
Does this choice lead to the greatest good for the greatest number? If not, don’t do it
1. Would I do this in front of my mother? If you wouldn’t don’t do it
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24. 4:5 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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25. Professional Standards (continued)
Identify the patient and obtain their consent before performing any procedures
Observe all safety precautions
Keep all information confidential
Think before you speak and watch everything you say
Treat all patients equally
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26. Professional Standards (continued)
Accept no tips or bribes for care you provide
If an error occurs or you make a mistake, report it immediately to your supervisor
Behave professionally in dress, language, manners, and actions
Always carry liability insurance
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Summary
Know the legal and ethical implications for your particular health career
Ask questions or request written policies
Contact state board of health or education to obtain regulations and guidelines
Follow the basic standards listed
Protect yourself, your employer, and your patient for whom you provide health care
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