1. Legal and Ethical Responsibilities
Chapter 05
Legal and Ethical
Responsibilities

2. 5:1 Legal Responsibilities
Laws and legal responsibilities protect you and society
Criminal law
Wrongs against person, property, society
Civil law
Relationships between people, protection of person’s rights

3. Torts Wrongful act that does not involve a contract Malpractice
Negligence
Assault and battery
Invasion of privacy

4. Torts (continued)
False imprisonment
Abuse
Defamation
Slander
Libel

5. Contracts Components of contract Implied or expressed Offer Acceptance
Consideration
Implied or expressed

6. Contracts (continued)
Contracted parties must be free of legal disability
Breach of contract
Use translator/interpreter with non-English-speaking party
Principal and agent

7. Privileged Communications
All information from a patient must be kept confidential
Can only be released with a patient’s written consent (unless exempt information)
Health care records are privileged

8. Privacy Act
Health Insurance Portability and Accountability Act (HIPAA) of 1996
Standards for Privacy of Individually Identifiable Health Information (called the Privacy Rule)
Patients must sign a consent form

9. Privacy Act (continued)
Written authorization for release of information
Refer to Figures 5-4 and 5-5 in Text
Health care workers must protect privacy and confidentiality of patients’ health care records

10. 5:2 Ethics
Set of principles dealing with what is morally right or wrong
Provide a standard of conduct or code of behavior
Help health care workers analyze information and make appropriate decisions

11. 5:2 Ethics (continued) Ethical dilemmas Euthanasia
Confidentiality of AIDS diagnosis
Use of aborted fetuses in research
Continuing life support
Expensive treatments and payment

12. 5:2 Ethics (continued) Ethical dilemmas (continued)
Transplant decisions
Legal issues with medical marijuana use
Animals and research
Genetic research
Cloning
Stem cell research

13. 5:2 Ethics (continued) Basic principles Save lives and promote health
Patient comfort
Respect a patient’s right to die peacefully and with dignity
Treat all patients equally
Provide the best care possible for every patient

14. 5:2 Ethics (continued) Basic principles (continued)
Maintain competent skills and knowledge
Stay up-to-date and pursue continuing education
Respect rules of confidentiality
Refrain from immoral, unethical, and illegal practices

15. 5:2 Ethics (continued) Basic principles (continued)
Show loyalty to patients, coworkers, and employers
Be sincere, honest, and caring
Learn and abide by the code of ethics for your chosen career

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. 5:3 Patients’ Rights (continued)
Residents of long-term care facilities have rights guaranteed under the Omnibus Budget Reconciliation Act (OBRA) of 1987
Long-term care facilities must post a Resident’s Bill of Rights

18. 5:4 Advance Directives for Health Care
Also known as legal directives
Allow individuals to state desired and undesired medical treatment in the event of incapacitation
Legal document

19. 5:4 Advance Directives for Health Care (continued)
Two main directives
Living will
Designation of Health Care Surrogate or a Durable Power of Attorney (POA) for Health Care (refer to Figure 5-8 in Text)

20. 5:4 Advance Directives for Health Care (continued)
Patient Self-Determination Act (PSDA) of 1990
Health care workers must be aware of and honor advance or legal directives
Health care workers should consider preparing their own advance directives

21. 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 proper authorization before performing any procedure

22. 5:5 Professional Standards (continued)
Identify the patient
Obtain the patient’s consent
Observe safety precautions
Keep all information confidential
Think before speaking, consider what you say
Treat all patients equally

23. 5:5 Professional Standards (continued)
Do not accept 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

24. 5:5 Professional Standards (continued)
Liability insurance provides additional protection in case of legal action
It is your responsibility to understand legal and ethical requirements of your career
Obtain pertinent information from your state board of health or education