LEGAL AND ETHICAL RESPONSIBILITIES IN HEALTH CARE In

LEGAL AND ETHICAL RESPONSIBILITIES IN HEALTH CARE In every aspect of life, there are certain laws & legal responsibilities formulated to protect you & society

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 carepracticing without license, use of narcotics, theft, murder

Torts • Malpractice- “bad practice” – Ex: a physician not administering a tetanus injection when a patient has a puncture wound • Negligence- failure to give care that is normally expected – Ex: Falls & injuries that occur when side rails are left down • Assault-threat or attempt to injure • Battery-unlawful touching of another person without their consent – Ex: Surgery of treatment to minors • Invasion of Privacy- includes unneccessary exposure of an individual or revealing personal information – Ex: Improperly draping or covering a patient

Torts (cont. ) • False imprisonment-Restraining an individual or restricting their freedom. – Applying physical restraints • Abuse-Any care that results in physical pain or mental anguish – Ex: Physical, verbal, psychological, or sexual abuse • Defamation: occurs when false statements either cause a person to be ridiculed or damage the person’s reputation – Slander: spoken defamation – Libel: written defamation

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

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

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.

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

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

• EMPLOYER • EMPLOYEE • Principle • Agent

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.

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

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. .

Code of Ethics by the HC Worker • The Health Care Worker’s Primary Goals: – To promote optimal wellness, preserve life, & provide for a peaceful death – To respect religious beliefs & cultural values of client – To provide adequate & continuous care for all clients despite differences (age, race, gender, etc) – To know limits of practice for which he/she is competent – To maintain competence & current knowledge – To practice jurisprudent behavior at all times

Code of Ethics Cont. • To respect dignity & rights of each client by maintaining confidentiality & a professional attitude regarding info • To ask for clarification & asst when unsure • To participate in professional activities & organizations to provide better health care • To maintain high standards of ethical & legal behavior, and to state current on all certifications, licenses, etc

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

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

Patients’ Rights • Privacy • Confidentialty - HIPPA • 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

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

Advanced Directives • Grey’s Anatomy – DNR – “Do Not Resuscitate” – https: //www. youtube. com/watch? v=x. Eh. Ky 3 dh. Qec – Legal doc that states that a person should NOT be revived if he/she suffers from cardiac or resp arrest. • Living Wills– Documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal • General or Specific Power of Attorney– Authorizes your Agent to act on your behalf in a variety of general or specific situations. • Durable Power of Attorney– Document which allows another individual to make their medical decisions for them if they become unable to

Advanced Directives Cont. • 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

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

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