Understanding Legal and Ethical Responsibilities in Healthcare

1. Chapter 5 Legal and EthicalResponsibilities

2. 5:1 Legal Responsibilities • Introduction • Criminal law • Civil law • Tort • Malpractice • Negligence (continues)

3. Legal Responsibilities(continued) • Assault and battery • Invasion of privacy • False imprisonment • Abuse • Defamation (continues)

4. Legal Responsibilities(continued) • Contract; an agreement between two or more parties • Components of contract • Offer • Acceptance • Consideration • Implied or expressed (continues)

5. Legal Responsibilities(continued) • Legal disability • Breach of contract • Non-English speaking party • Agent (continues)

6. Legal Responsibilities(continued) • Privileged communications; confidential information from a patient • Health care records • Privacy Act: HIPAA • Authorization to release health information

7. Summary • States have set rules and regulations • Most health care agencies have specific rules, regulations, and standards • Standards vary from state to state and agency to agency • Health care worker must know all legalities of what is expected of them

8. 5:2 Ethics • Set principles dealing with what is morally right or wrong • Provide a standard of conduct or code of behavior • Help health care worker analyze information and make decisions

9. Ethical Dilemmas • Frequently created by modern medicine • Euthanasia • Confidentiality of AIDS diagnosis • Aborted fetuses and research • Continuing life support • Expensive treatments and payment (continues)

10. Ethical Dilemmas(continued) • Transplant decisions • Legal issues and marijuana • Animals and research • Genetic research • Cloning • Stem cell research

11. Basic Rules of Ethics • Save lives and promote health • Patient comfort • Respect the patient’s right to die peacefully and with dignity • Treat all patients equally • Provide the best care possible (continues)

12. Basic Rules of Ethics(continued) • Maintain competent skills and knowledge • Respect rules of confidentiality • Refrain from immoral, unethical, and illegal practices • Show loyalty to patients, co-workers, and employers • Be sincere, honest, and caring

13. Summary • Study the code of ethics for the occupation you enter • Abide by the code • Become a competent and ethical health care worker • Earns you the respect and confidence of patients, co-workers, and employers

14. 5:3 Patients’ Rights • Agencies must have written policies for patients’ rights • All personnel must respect and honor these rights • American Hospital Association has affirmed a Patient’s Bill of Rights • Long-term care facilities post Resident’s Bill of Rights

15. 5:4 Advance Directives for Health Care • Also known as legal directives • Purpose • Legal document • Two main directives • Living wills • Durable Power of Attorney (POA) (continues)

16. Advance Directives for Health Care(continued) • Patient Self-Determination Act (PSDA) • Health care workers must be aware of the act and honor it • Health care workers should give serious consideration to preparing their own advance directives

17. Summary • By observing patient rights, health care workers assure patient’s safety, privacy, and well-being, and provide quality care • Advance directives must be recognized and respected by health care workers

18. 5:5 Professional Standards • 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 correct authorization before performing any procedure (continues)

19. Professional Standards(continued) • Identify the patient • Obtain patient’s consent • Observe safety precautions • Keep all information confidential • Think before you speak and watch everything you say • Treat all patients equally (continues)

20. Professional Standards(continued) • Accept no tips or bribes for care you provide • If an error or a mistake occurs, report it immediately to your supervisor • Behave professionally in dress, language, manners, and actions • Always carry liability insurance

21. Summary • Know the legal and ethical implications for your particular health care career • Ask questions • Request written policies • Contact your state board of health or education to obtain all the current regulations and guidelines (continues)

22. Summary(continued) • Follow basic standards listed • Protect yourself, your employer, and your patient for whom you provide all the necessary health care