Chapter 5 Legal and Ethical Issues Legal Responsibilities

Chapter 5 Legal and Ethical Issues

Legal Responsibilities § Those that are authorized or based on law § Enforced by federal, state and local government § Criminal Law – focuses on behavior known as a crime; wrongs against a person, property or society § Civil Law – focuses on the legal relationships between people and the protection of a person’s rights.

Tort § Wrongful act that does not involve a contract § § § 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 consent” Invasion of Privacy “unnecessarily revealing personal information” § False Imprisonment “restraining or restricting freedom” § Abuse § § Physical Verbal Psychological Sexual

Defamation § False statements that cause a person to be ridiculed or damage the person’s reputation § Slander - spoken § Libel - written

Privileged Communication § All information given to health care personnel by a patient; § By law, this information must be kept confidential and shared only with other members of the patient’s health care team § Example: Health care records

Privacy Act § HIPAA

Ethics § Set of principles relating to what is morally right or wrong § Standard of conduct or code of behavior § See pg. 111 for basic principles of ethical codes

Patients’ Rights § Factors of care that patients can expect to receive § Patient’s Bill of Rights (see pg. 112) § Resident’s Bill of Rights (see pg. 112113)

Advanced Directives for Health Care § Living Wills – documents that allow individuals to state what measure should or should not be taken to prolong life when their conditions are terminal. § Durable Power of Attorney – permits an individual to appoint another person to make any decisions regarding health care if the patient should become unable to make decisions

Professional Standards § Perform only procedures which you have been trained and are legally permitted to § Use only approved methods while performing any procedure § Obtain proper authorization before performing any procedure § Identify the patient § Obtain patient’s consent before performing any procedure § Observe all safety precautions § Keep all information confidential § Think before you speak and carefully consider everything you say § Treat all patients equally § Accept no tips or bribes § If you make a mistake, report it immediately § Behave professionally in dress, language, manners and actions