Legal and Ethical Reponsibilities DHO Chapter 5 Vocabulary

Legal and Ethical Reponsibilities DHO Chapter 5

Vocabulary • • Criminal Law Civil Law Tort Malpractice Negligence Assault and Battery Informed Consent • • Invasion of Privacy False Imprisonment Abuse Defamation Contract Implied Contract Expressed Contract • • Legal disability • • • HIPAA • Advance Directives Privileged Communications Confidentiality Patient’s Bill of Right’s • • Living Wills Durable Power of Attorney

Legal Responsbilities • Laws are created to protect you and society • A law is a rule that must be followed and can be federal, state, or local • Health care professionals/workers are also required to know and follow the state laws that regulate their respective licenses or registrations or set standards for their respective professions

Types of Law • • Criminal law- crimes; wrongs against a person, property, or society • • • Practicing without a license Illegal possession of drugs Misuse of narcotics Theft Sexual assault Murder Civil law- the legal relationship between people and the protection of peoples rights • • Torts contracts

Types of law, cont’d. • Torts- a wrongful act that does not involve a contract • • A person is harmed or injured because a healthcare provider does not meet the established or expected standards of care Malpractice- “bad practice”; failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession, resulting in injury, loss, or damage to the person receiving care • • ie: a nurse performing minor surgery without training; a nursing student inserting a foley catheter without supervision Negligence- failure to give care that is normally expected of a person in a particular position, resulting in injury to another • ie: leaving side rails down and the patient falls out of bed, not turning the patient and they get bed sores

Types of law, cont’d. • Torts • • • Assault and battery- assault is the threat or attempt to injure and battery is the unlawful touching of another person without permission • ie: giving a patient a bath after they refused, tell a patient if you don’t take this medicine you’re going to die Invasion of privacy- unnecessarily exposing an individual or revealing personal information about an individual without the person’s consent • ie: uncovering the patient’s whole body while bathing, sending patient records without the patient’s consent False Imprisonment- restraining an individual or restricting an individual’s freedom without authorization • • ie: applying restrains without authorization AMA: Against Medical Advice; patient’s can leave the hospital against the recommendation of staff

Types of law, cont’d. • Torts • Abuse- an care that results in physical harm, pain, or mental anguish • Physical abuse- hitting, forcing people against their will, restraining movement, depriving people of food or water, or not providing physical care • Verbal abuse- speaking harshly, swearing or shouting, using inappropriate worse to describe the person’s race or nationality, and or writing threats or abusive statements • • • Psychological abuse- threatening harm; denying rights; belittiling, intimidating, or ridiculing a person Sexual abuse- any sexual touching or act using sexual gestures and/ or suggesting sexual behavior Signs of abuse: unexplained bruises/fracture/burns/injuries; irrational fears; aggressive or withdrawn behavior; patient statements that indicate abuse

Types of Law, Cont’d • Torts • Defamation- when false statements either cause a person to be ridiculed or damge the person’s reputation • • Slander- if the informiton is spoken Libel- if ittten is wria

Contracts • An agreement between two or more parties • Implied contracts- obligations that are understood without verbally expressed terms • Expressed contracts- stated in distinct and clear language, either orally or in writing

Privileged Communications • All information given to health care personnel by a patient • This information must be kept confidential and shared only with other members of the patient’s health care team. • Information can not be shared with persons not directly taking care of the patient without written consent • The consent should state what information is to be released and to whom it can be released

Privileged Communications, Cont’d. • Health care records- all are considered privileged communications • • • The patient has a right to obtain any information in their record Are a legal document in the court of law Errors- cross through with single line and write correct information with signature and date • • • 3. 0 m. L 2. 5 m. L- KM 10/14/14 Records must be kept confidential and should be shredded or burned when discarded Electronic medical records- the new normal

Privacy • Health Insurance Portability and Accountability Act (HIPAA)- requires every health care provider to inform patients about their health information is being used and must sign something stating they understand this • You must have patients consent to release medical records to any other individual or company • Examples p 102 and 103 • Confidentiality- information about the patient must remain private and can be shared only with other members of the patient’s health care team

Ethics • • A set of principles relating to what is morally right and wrong Put the saving of life and promotion of health above all else Make every effort to keep the patient as comfortable as possible Respect the patient’s choice to die peacefully and with dignity discussing all options with the patient and/or family Treat all patients equally Maintain a competent level of skill Stay informed and up to date and pursue continuing education

Patient’s Rights • The factors of care that patient’s can expect to receive • Bill of Right’s • P. 105

Advance Directive • AKA: legal directives • Legal documents that allow individuals to state what medical treatment they want or do not want in the even that they become incapacitated and are unable to express their wishes regarding medical care • 2 types: living will or durable power of attorney

Advance Directive, Cont’d • • Living wills- documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal • Must be signed when the patient is competent and witnessed by 2 adults who cannot benefit from death • DNR- Do Not Resuscitate- CPR is withheld Durable Power of Attorney (DOA)- a document that permits an individual to appoint another person to make decisions regarding health care if the person should become unable to make decisions.

What Is Expected of You? • • • 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 proper authorization before performing any procedure Identify the patient Obtain the 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 regardless of race, religion, social or economic status, gender, age, or nationality Accept no tips or bribes for the care you provide If any error occurs or you make a mistake, report it immediately to your supervisor Behave professionally in dress, language, manners, and actions

Assignments • Review Questions P. 112: # 1, 2, 7, 8, 10