1. LEGAL AND ETHICAL RESPONSIBILITIES IN HEALTH CARE

2. Legal Responsibilities
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 contracual and torts
Criminal Law
Wrongs against a person, property or society
Examples of criminal law in health care- practicing without license, use of narcotics, theft, murder

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

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-threatening harm, denying rights, intimidating, belittling
Sexual touching, gestures, or suggestions that are unwanted

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

7. Informed Consent
Permission granted voluntarily by a person who is sound of mind after the procedure and all risks involved have been explained in terms the person can understand.

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

9. 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

10. Privileged Communications
All information given to health care personnel by a patient
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.

11. Health Care Records 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

12. 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..

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

14. 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

15. 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

16. 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

17. 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

18. Advanced Directives Patient Self-Determination Act
Inform every adult verbally and in writing of their right to make decisions about their care including right to refuse treatment and right to die
Document advance directiveson patient’s record

19. 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

20. 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