1. Unit 4 Legal and Ethical Responsibilities

2. 4:1 Legal Responsibilities Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 2 Introduction Civil laws Criminal laws Torts Malpractice Negligence

3. Legal Responsibilities (continued) Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 3 Assault and battery Invasion of privacy False imprisonment Abuse Defamation Privileged communications Health care records

4. Contracts Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 4 Agreement between two or more parties Components of contract  Offer  Acceptance  Consideration Implied or expressed

5. Contracts (continued) Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 5 Legal disability Breach of contract Non-English speaking party Agent

6. Summary Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 6 Important aspect of health care All 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

7. 4:2 Ethics Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 7 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

8. Ethical Dilemmas Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 8 Frequently created by modern medicine Euthanasia Confidentiality of AIDS diagnosis Aborted fetuses and research Continuing life support Expensive treatments and payment

9. Ethical Dilemmas (continued) Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 9 Transplant decisions Legal issues and marijuana Animals and research Genetic research Cloning Stem cell research

10. Basic Rules of Ethics Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 10 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

11. Basic Rules of Ethics (continued) Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 11 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

12. Summary Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 12 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

13. 4:3 Patients’ Rights Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 13 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

14. 4:4 Advance Directives for Health Care Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 14 Also known as legal directives Purpose Legal document Two main directives  Living wills  Durable Power of Attorney (POA)

15. Advance Directives for Health Care (continued) Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 15 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

16. Summary Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 16 Agencies, states, and organizations have created statements on patient’s rights By observing 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

17. 4:5 Professional Standards Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 17 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

18. Professional Standards (continued) Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 18 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

19. Professional Standards (continued) Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 19 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

20. Summary Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 20 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