Legalities Outline Section 1 Read pg 381 383

Legalities Outline {

Section 1 Read pg. 381 -383

List 7 of the 13 qualities that a Health Care worker should possess: 1. Relaxed Attitude 2. Willingness to learn 3. Empathy 4. Trustworthiness 5. Responsible 6. Good communication and listening 7. Tact

Responsibilities to Employers What do you need to provide when applying for a job Accurate, honest information about your qualifications for the job. (education, work exp, specialized training) How does a worker stay current in their chosen field of work? Attend seminars, continuing ed, prof. journals, in house training

Health Care Team List 6 of the 10 possible health care team members: 1. Physicians 7. CNA 2. RN 8. ECG tech 3. Dietician 9. Med. Transcriptionist 4. PT / OT 10. LPN 5. Resp. Therapist 6. X-ray tech

Communication List 12 ways to be a good listener 1 Eye level 2 Relaxed body language 3 Eye contact 4 Open – ended questions 5 Don’t interrupt 6 Acknowledge clients feelings 7 Laugh or smile 8 Use humor if appropriate, but sparingly 9 Don’t side with client 10 Don’t give advice beyond your knowledge and training 11 Know when to refer for help 12 Close conversation appropriately

Section 2 Read pg. 385 - 395

Criminal vs. Civil Laws Defined: Concerned with private rights and remedies Causes of Civil Disputes: - contract violation - slander or libel - trespassing - product liability - auto accidents - family matters -Often require payment of money to injured person Criminal Laws Defined: Commission: a law forbidding act An offense against the local, state, or federal government Omission: violation of law requiring a certain act -Carry stricter laws than civil statutes.

Tort - defined: a civil wrong committed against a person or propert - unintentional tort = negligence Malpractice - Also known as negligence - Give an example of medical negligence

List the 3 things that the plaintiff must prove in a medical malpractice suit: (3 Ds) 1. Owed a duty to the plaintiff 2. Was derelict, or did not live up to obligation of caring for client 3. Committed a breach of duty of care that caused direct damages to the client or plaintiff

What are medical practice acts, what do they do, and who do they protect? State statute acts that govern medical practice. Cover requirements and methods for licensing, establish medical boards, list grounds for revoking licenses. Protect public from dishonest or unqualified people.

Morals & Ethics Law Ethics Moral Values Definition Set of governing rules Standards. of behavior that reflect moral values Concept of right and wrong Main Purpose To protect the public To raise standard of competence Serve as a guide for personal conduct Purpose To promote smooth To build values and functioning of ideals society Penalties/cons Upon conviction: equences fines, imprisonment, loss of license, other Suspension or eviction from prof. society membership Serve a basis forming ethics Difficulty in getting along with others

Compare and contrast Registration vs. Certification. Registration: A listing of a persons name in an official registry or record as having met the stds. for a certain health care occupation Certification: The state or act of being certified. Result of taking an exam. Who developed the Hippocratic Oath? Summarize what you think it says. Hippocrates (400 bc) : to do no harm

What are the 2 things that standard of care and scope of practice ensure? 1. Do not injure clients or put them at risk by performing procedures that beyond your ability 2. Will not be held liable for a std of care that is beyond your training, exp, and job description if a legal situation arises.

Informed Consent List the 6 things a client must be told to make an informed decision: - the proposed method of treatment - why the treatment is necessary - the risks involved in the proposed treatment - all available types of treatment - the risks of any alternative methods of treatment - the risks involved if treatment is refused Who cannot legally give informed consent? Minors Mentally incompetent individuals Speakers of a foreign language

Confidentiality What does keeping client medical information confidential mean? - not informing any unauthorized person about the info in a client’s medical records - not showing written information to an unauthorized third party - taking proper precautions when communicating such info over a computer, phone, or fax

Confidentiality List the guidelines to follow when accessing client information: - Do not decide whether info is confidential on the basis of if you approve or agree with the moral views of the pt. - Do not reveal financial info about a client. - On the phone: do not use a client’s name or other personal info that could be overheard - Do not let others overhear you on the phone, leave a message without giving away the nature of the call - Do not leave medical charts or insurance reports where clients or others can see them - If the client has not given written permission to release info, don’t. - Do not talk about clients in public places, like the cafeteria or elevator

Confidentiality Under what circumstances would client confidentiality be waived? 1. When a 3 rd party requests a medical exam 2. When a client sues a physician or other health care worker for malpractice 3. When a client signs a waiver allowing the release of info.

Section 3 Read pg. 396 - 400

Medical Records List why we keep medical records: - format for tracking, documenting, and maintaining a client’s health data - documentation of lifelong health care - a basis for managing client’s healthcare - background info in the event of a lawsuit - clinical data for education, research, statistical tracking, and assessing quality of health care

Medical Records An advanced directive is a legal document that makes known a persons wishes about life-support measures. What are four examples of advanced directives? 1. living wills 2. durable power of attorney 3. health care proxies 4. organ donor directives

Client Autonomy The Patients Bill of Rights guarantees the clients rights to: 1. receive considerate and respectful care 2. complete and current info conc. diag/tx/prog 3. know the identity of those involved in care 4. know costs of treatment 5. informed consent 6. have an advanced directive concerning tx 7. refuse tx to the extent of the law 8. receive consideration of privacy 9. be assured confidentiality 10. obtain responses to requests for services 11. obtain info. About medical record and have it be explained 12. know if tx is experimental 13. expect reasonable continuity of care 14. know of business relationships w/ hospital 15. know policies and practices to client care 16. informed of available resources for resolving disputes/grievances/conflicts 17. examine, be informed, and know payment methods for the bill

Client Responsibility Clients are responsible for: 1. Providing history relating to health status 2. Participate in decision making, ask for more info if they do not understand info and instructions 3. Provide a copy of written advance directive if they have one 4. Informing physicians if they anticipate problems following a treatment plan 5. Providing health care agencies with necessary information for insurance claims and paying fees