Legality and Ethics Unit Five Mrs Opland Health

Legality and Ethics Unit Five Mrs. Opland - Health Careers

Information b Civil law • legal relationships between people & the protection of a person’s rights b Criminal law • focuses on wrongs against a person b Torts • failure to meet your legal responsibilities ( no agreement)

Torts b Malpractice • failure of a professional to use the skill and learning commonly expected in that profession b Negligence • failure to give care that is normally expected & results in injury to another person

b Assault and Battery • a threat or attempt to injure or the unlawful touching of another person without their consent b False Imprisonment • restraining of an individual or restricting an individual’s freedom

b Invasion of privacy • unnecessary exposure of an individual or revealing personal information about an individual without consent b Abuse • any care that results in physical harm, pain, or mental anguish – physical, verbal, mental, sexual

b Defamation • false statements either cause a person to be ridiculed or damage the person’s reputation. – Slander = information that is spoken – Libel = information that is written

Contracts b Contract: an agreement between two or more people • Implied: understood without verbal expression • Expressed: stated in clear and distinct language

b Legal disability: all parties entering into a contract must be free of a legal disability • • minor mentally incompetent under influence of drugs or alcohol Mental state of semiconsciousness or unconsciousness

Contract law b Principal • the employer - responsible for the actions of the employee b Agent • the person working under the employer

Privileged Communications b Privileged communications • all information given to health care personnel by a patient b Confidentiality • information can NOT be given to anyone else with out the consent of that person.

b Consent • must be in writing or verbal with two witnesses • exempt informaiton = – births - deaths – injuries caused by violence that may require police involvement – communicable diseases – sexually transmitted diseases (all but AIDS)

b Health Care Records • are considered privileged communication • belong to health care provider • patient has a right to a copy • are used as legal records in a court of law

Ethics b Definition • a set of principles relating to what is morally right or wrong (provides for a standard of conduct/ a code of behavior)

b Basic rule for health care personnel • • • saving a life and promotion of health treat all patients equally maintain competent level of skill confidentiality do not do anything immoral or illegal practices

Patient Rights b Factors of care that a patient can expect to receive b See note sheet

Legal Directives for Health Care b Living Wills • Documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal

b Durable Power of Attorney • Documentation that permits an individual to appoint another person to make any medical decisions in case the individual should become unable to make decisions for him/herself.

Professional Standards b Legal responsibilities, ethics, patients’ rights, and legal directives all help determine the type of care provided by health care workers. By following certain standards at all times, you can protect yourself, your employer, and the patient