Chapter 11 Law Ethics and Professionalism in Health

Law • Types of Law – Public: government vs. citizens • Criminal • Constitutional

Law (cont’d) • Public vs. civil law Copyright © 2013 Wolters Kluwer Health |

Law (cont’d) • Types of Law (cont’d) – Common • Traditional civil law of

Law (cont’d) • Types of Law (cont’d) – Tort • Wrongful act causing harm

Law (cont’d) • Kinds of torts Copyright © 2013 Wolters Kluwer Health | Lippincott

Law (cont’d) • Types of Law (cont’d) – Assault: threat or attempt to touch

Law (cont’d) • Liability and Negligence – Negligence: careless or senseless behavior resulting in

Law (cont’d) • Protecting Patients’ Rights – Advocacy: supporting best interests of all patients

Law (cont’d) • Confidentiality and HIPAA – Patient’s right to privacy – Privacy rule

Law (cont’d) • Right to Die – Living will – Durable power of attorney

Ethics • Ethical Principles – Autonomy – Justice – Nonmaleficence (do no harm) –

Ethics (cont’d) • Joint Commission – Mission: improve safety & quality of care to

Ethics (cont’d) • Ethics Committees – Multidisciplinary teams for ethical decision-making – Required by

Ethics (cont’d) • Professional Codes of Ethics: Common Factors – Quality of care –

Ethics (cont’d) • Ethical Decision-Making – Rational & systematic – Based on ethical principles,

Ethics (cont’d) • Systematic approach for ethical decision-making Copyright © 2013 Wolters Kluwer Health

Ethics (cont’d) • Ethical Dilemmas – Genetic testing – Stem cell research – Cloning

Professionalism • Definition and Characteristics of Professionalism – A set of values, behaviors, and

Professionalism (cont’d) • Competence – Lifelong learning – Continuing education units – Membership in

Professionalism (cont’d) • Professional Associations: Benefits – Continuing education classes – Subscriptions to professional

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Law • Types of Law – Public: government vs. citizens • Criminal • Constitutional • Administrative – Civil: private citizen vs. private citizen Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Law (cont’d) • Types of Law (cont’d) – Common • Traditional civil law of area or region • Based on judge’s rulings of cases – Statutory • Enacted by legislatures • Enforced by courts Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Law (cont’d) • Types of Law (cont’d) – Assault: threat or attempt to touch a person without consent – Battery: touching a person without consent – Invasion of privacy – False imprisonment – Defamation of character • Libel • Slander Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Law (cont’d) • Liability and Negligence – Negligence: careless or senseless behavior resulting in harm – Malpractice • Illegal, unethical, negligent, or immoral behavior • Results in failure of duties or responsibility – Reporting abuse Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Law (cont’d) • Confidentiality and HIPAA – Patient’s right to privacy – Privacy rule – Protection of patient’s personal health information – Exceptions Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Ethics • Ethical Principles – Autonomy – Justice – Nonmaleficence (do no harm) – Beneficence (do good) – Veracity (honesty) – Fidelity (keep promises) – Confidentiality Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Ethics (cont’d) • Joint Commission – Mission: improve safety & quality of care to public – Accredits health care facilities – Supports performance improvement – Established standards of care related to ethics Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Ethics (cont’d) • Ethics Committees – Multidisciplinary teams for ethical decision-making – Required by Joint Commission for all health care institutions Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Ethics (cont’d) • Professional Codes of Ethics: Common Factors – Quality of care – Primary commitment to patient – Education – Collegiality – Ethics – Collaboration – Research – Resource utilization – Confidentiality Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Ethics (cont’d) • Ethical Decision-Making – Rational & systematic – Based on ethical principles, not emotions or intuition – Serves patient’s best interest – Preserves integrity of all involved Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Professionalism • Definition and Characteristics of Professionalism – A set of values, behaviors, and relationships that form a foundation on which patient and colleague trust is formed – Self-regulation – Adherence to legal & ethical guidelines Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Professionalism (cont’d) • Competence – Lifelong learning – Continuing education units – Membership in peer association or professional organization – Humility & willingness to give & receive constructive criticism Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins

Professionalism (cont’d) • Professional Associations: Benefits – Continuing education classes – Subscriptions to professional publications – Access to online resources – Professional conferences, conventions, & workshops – Networking opportunities – Information on new technologies – Management tools – Ethics guidelines – Patient educational materials Copyright © 2013 Wolters Kluwer Health | Lippincott Williams & Wilkins