LEGAL AND ETHICAL RESPONSIBILITIES LEGAL RESPONSIBILITY THOSE THAT

LEGAL AND ETHICAL RESPONSIBILITIES

LEGAL RESPONSIBILITY THOSE THAT ARE AUTHORIZED OR BASED ON LAW

CIVIL LAW FOCUSES ON LEGAL RELATIONSHIPS BETWEEN PEOPLE AND PROTECTION OF A PERSON’S RIGHTS

CRIMINAL LAW FOCUSES ON WRONGS AGAINST A PERSON, PROPERTY, OR SOCIETY.

TORTS WRONGFUL ACTS THAT DO NOT INVOLVE CONTRACTS

MALPRACTICE FAILURE OF A PROFESSIONAL TO USE THE DEGREE OF SKILL AND LEARNING COMMONLY EXPECTED IN THAT INDIVIDUALS PROFESSION: RESULTING IN INJURY, LOSS, OR DAMAGE TO THE PERSON RECEIVING CARE

NEGLIGENCE FAILURE TO GIVE CARE THAT IS NORMALLY EXPECTED OF A PERSON IN A PARTICULAR POSITION, RESULTING IN INJURY TO ANOTHER PERSON

ASSAULT AND BATTERY ASSAULT INCLUDES A THREAT TO INJURE. BATTERY INCLUDES THE UNLAWFUL TOUCHING OF ANOTHER PERSON WITHOUT CONSENT.

INVASION OF PRIVACY INCLUDES UNNECESSARILY EXPOSING AN INDIVIDUAL OR REVEALING PERSONAL INFORMATION REGARDING A PATIENT WITHOUT THE PATIENT’S CONSENT

FALSE IMPRISONMENT REFERS TO RESTRAINING AN INDIVIDUAL OR RESTRICTING AN INDIVIDUALS FREEDOM WITHOUT PROPER JUSTIFICATION.

ABUSE ANY CARE THAT RESULTS IN PHYSICAL HARM, PAIN, OR MENTAL ANGUISH

Possible signs of abuse Poor personal hygiene n Aggressive or withdrawn behavior n Unexplained bruises, fractures, burns or injuries n

INFORMED CONSENT PERMISSION GRANTED VOLUNTARILY BY A PERSON OF SOUND MIND AFTER THE PROCEDURE AND ALL RISKS INVOLVED ARE FULLY EXPLAINED TO THE PATIENT IN TERMS THAT THEY CAN UNDERSTAND. (LAYMEN TERMS) If patient non-English speaking must use translator

DEFAMATION OCCURS WHEN FALSE STATEMENTS EITHER CAUSE A PERSON TO BE REDICULED OR DAMAGE THE PERSON’S REPUTATION.

DEFAMATION n SLANDER – INFORMATION IS SPOKEN n LIBEL – INFORMATION IS WRITTEN

CONTRACTS – AN AGREEMENT MADE BETWEEN TWO OR MORE PARTIES IMPLIED CONTRACTS - ARE THOSE OBLIGATIONS THAT ARE UNDERSTOOD WITHOUT VERBALLY EXPRESSED TERMS – EX. PATIENT TAKES MED. FROM NURSE n EXPRESSED CONTRACTS – ARE STATED IN DISTEINT CLEAR LANGUAGE, EITHER ORALLY OR IN WRITING. EX. A SURGERY PERMIT n

LEGAL DISABILITY n SOMEONE THAT DOES NOT HAVE THE LEGAL CAPACITY TO FORM A CONTRACT. EX. UNDER AGE, MENTALLY INCOMPETENT, UNDER INFLUENCE OF A DRUG, UNCONSCIOUS. n ALL PARTIES ENTERING INTO A CONTRACT MUST BE FREE OF

PRIVILEGED COMMUNICATIONS ALL INFORMATION GIVEN TO HEALTH CARE PERSONNEL BY A PATIENT.

PRIVILEGED COMMUNICATIONS n BY LAW THIS INFORMATION MUST BE KEPT CONFIDENTIAL AND ONLY SHARED WITH MEMBERS OF THE PATIENTS HEALTH CARE TEAM. n WRITTEN CONSENT MUST BE GIVEN BY THE PATIENT IN ORDER FOR THIS INFO. TO BE GIVEN TO ANY ELSE.

EXEMPTIONS FROM PRIVILEGED COMMUNICATION n BIRTHS n DEATHS n INJURIES OF VIOLENCE THINGS THAT CALL FOR POLICE INVOLVEMENT n DRUG ABUSE n COMMUNICABLE DISEASES n STD n

HIPAA n HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT n FEDERAL GUIDELINES TO PROTECT CONFIDENTIAL HEALTH INFORMATION

HIPAA n INCREASED USE OF COMPUTERS , STORAGE AND SENDING OF PATIENT INFORMATION BY COMPUTER HASINCREASED THE NEED FOR PRIVACY ISSUES TO ARRISE n COMPLIANCE WITH HIPAA MANDATORY

HEALTH CARE RECORD n PRIVILEGED COMMUNICATION n LEGAL DOCUMENT n MUST BE KEPT FOR THE TIME REQUIRED BY LAW n BELONG TO THE HEALTH CARE PROVIDER, HOWEVER PATIENT HAS RIGHT TO OBTAIN A COPY n MUST BE KEPT PROPERLY MAINTAINED, CONFIDENTIAL

ERRORS ON THE MEDICAL RECORD n ANY ERROR MADE ON THE MEDICAL RECORD SHOULD BE CROSSED THROUGH WITH A SINGLE LINE SO MATERIAL IS STILL READABLE, AND CORRECT INFORMATION ADDED. n ALL INFORMATION SHOULD BE

ETHICS A SET OF PRINCIPLES RELATING TO WHAT IS MORALLY RIGHT OR WRONG. PROVIDE A STANDARD OF CONDUCT OR CODE OF BEHAVIOR

CONFIDENTIALITY INFORMATION ABOUT THE PATIENT MUST BE KEPT PRIVATE AND SHARE ONLY WITH THE PATIENTS HEALTH CARE TEAM

“PATIENTS BILL OF RIGHTS” WRITTEN DOCUMENT THAT OUTLINES THE PATIENTS RIGHTS. THIS IS RECOGNIZED BY HEALTH CARE FACILITIES.

OBRA n OMINUS BUDGET RECONCILIATION ACT OF 1987 n RESIDENTS IN LONG TERM CARE FACILITIES ARE GUARANTEED CERTAIN RIGHTS UNDER THIS ACT AND THIS ACT MUST BE POSTED

ADVANCE DIRECTIVES A LEGAL DOCUMENT THAT ALLOWS INDIVIDUALS TO STATE WHAT MEDICAL TREATMENTS THEY WANT OR DO NOT WANT IN THE CASE THAT THEY BECOME INCAPACITATIED AND ARE UNABLE TO MAKE THEIR WISHED CLEAR.

LIVING WILL DOCUMENTS THAT ALLOW INDIVIDUALS TO STATE WHAT MEASURES TAKEN TO PROLONG LIFE WHEN CONDITIONS ARE TERMINAL

DNR – DO NOT RESUSCITATE n Order must be written by doctor prior to – in order to not perform cpr n

DURABLE POWER OF ATTORNEY DOCUMENT THAT PERMITS AN INDIVIDUAL TO APPOINT ANOTHER PERSON TO MAKE DECISIONS REGARDING HEALTH CARE IS THEY BECOME UNABLE TO MAKE DECISIONS

PATIENT SELF-DETERMINATION ACT OF 1990 (PSDA) FEDERAL LAW THAT REQUIRES ALL HEALTH CARE FACILITIES RECEIVING ANY TYPE OF FEDERAL AID TO COMPLY WITH A VARIETY OF GUIDELINES.