1. Biomedical Ethics and Legal Principles
Summarize Legal Principles of Biomedical Technology

2. PROFESSIONAL CODES OF CONDUCT GENERAL LEGAL TERMINOLOGY
Civil law
Criminal law
Felony
Litigation
Licensure
Misdemeanors
Tort
Contract
Liable
Negligent
Malpractice
Slander
Libel
Breach of contract
Duty of care
Reasonable care

3. Civil Law/Criminal Law
Law that focuses on the legal relationships between people and protection of a person’s rights; usually involves torts and contracts
Law that focuses on wrongs against a person, property, or society; commonly called a crime
An example of criminal law pertinent to healthcare is practicing medicine without a license.

4. Felony/Litigation
A more serious crime than a misdemeanor in which the punishment is imprisonment.
The determining of a person’s legal rights either by a lawsuit or some form of legal action

5. Licensure/Contract
Process by which a government agency authorizes individuals to work in a given occupation
Obtaining and retaining licensure usually require that a person complete an approved educational program, pass a state board test, and maintain certain standards
Examples: physician, dentist, physical therapist, registered nurse, and licensed practical/vocational nurse
An agreement between 2 or more persons
Implied or expressed contract
Handing a patient medication and him/her taking it is an example of an implied contract
A surgical permit is an example of an expressed contract

6. Misdemeanors/Tort
A less serious offense than a felony; may be punishable by a fine or sentencing to a local prison for less than one year
A wrongful or illegal act of civil law not involving a contract

7. Liable
To be legally responsible for failing to perform professional duties to meet the standards of care and/or causing harm or injury.

8. Malpractice/Negligent
Providing improper or unprofessional treatment or care that results in injury to another person
Examples of malpractice is the doctor cuts the patient’s bladder when he was trying to take out the appendix or removes the wrong kidney
Failure to give care that is normally expected, resulting in injury to another person
Example of negligence: a health care worker leaving a hot pack in place too long and burning the patient
If the bath water is too hot and the patient is burned by it the nursing assistant giving the bath could be charged with negligence

9. Slander/Libel
Spoken comment that causes a person ridicule or damages the person’s reputation
Example: saying very negative or untrue things about someone to other people.
False written statement that causes a person ridicule or damages the person’s reputation
Example: putting into writing very negative or untrue things about someone and sharing it with others
Together they are the tort defamation.

10. More Terms Breach of Contract: Duty of Care: Reasonable Care:
The breaking of a promise, agreement, or contract in which parties have agreed upon
Duty of Care:
What do you think it means?
Reasonable Care:
The legal obligation of a health care worker to provide competent care according to the expected standards of practice

11. MALPRACTICE/LIABILITY
Assault:
physical or verbal attack on another person; treatment or care given to a person without obtaining proper consent
Example: a person threatening another person
Battery:
unlawfully touching another person without that person’s consent
Example: touching someone without their permission or not getting an informed consent signed by patient before surgery
Conduct:
the manner in which a person displays his/her behavior

12. continued Consent: Felony: Illegal restraint (false imprisonment):
the manner in which a person displays his/her behavior
Example: Informed consent should be obtained before the patient is given a sleeping pill or any other kind of medication that might make them drowsy. They have to be of sound mind to make and informed consent.
Felony:
a more serious crime (definition listed earlier)
Illegal restraint (false imprisonment):
holding a person against his/her will by using a restrictive device or other means
Example: if the nurses kept a patient in the hospital against their will; putting a restraint on a patient without a doctor’s order

13. CONFIDENTIALITY Invasion of Privacy:
Revealing the person or personal information about an individual without his or her consent
Example: taking a picture of a patient and giving to a newspaper reporter without the patient’s permission; not providing privacy for a patient during a bath by leaving the door open

14. Privileged communications:
All personal information given to health personnel by a patient; must be kept confidential
Only health care workers working directly with a patient are entitled to review confidential information about the patient – health care records are privileged communication
Communicable diseases are considered to be exempt from privileged communications law
HIPPA is the federal legislation which requires the establishment of standards to protect health information

15. LEGAL DIRECTIVES Advanced directives:
A legal document designed to indicate a person’s wishes regarding care in case of a terminal illness or during the dying process
Two types: Living Will and Durable Power of Attorney
They become effective when the patient loses the ability to make personal decisions
The hospital is required to provide information and assistance to patients wanting to prepare advance directives.
Federal Law PSDA of 1990 states that all health care employees participate in mandatory training about the medical and legal issues of advance directives

16. Durable power of attorney:
Living will:
A legal document stating a person’s desires on what measure should or should not be taken to prolong life when his or her condition is terminal
Will include a “DNR” order within it
Durable power of attorney:
A legal document that designates another person to make health care decisions in the event that the person is mentally or physically incapable of making their own.