Transcript DHO_Chapter05.ppt

Chapter 5
Legal and Ethical
Responsibilities
© 2009 Delmar, Cengage Learning
5:1 Legal Responsibilities
•
•
•
•
•
•
Introduction
Criminal law
Civil law
Tort
Malpractice
Negligence
(continues)
© 2009 Delmar, Cengage Learning
Legal Responsibilities Cont.
• Criminal Law: focuses on behavior known
as crime; deals with the wrongs against a
person, property, or society
• Civil Law: focuses on legal relationships
between people and the protection of a
person’s rights
© 2009 Delmar, Cengage Learning
Legal Responsibilities Cont.
• Tort: a wrongful act that does not involve a
contract. A tort occurs when a person is harmed or
injured because a health care provider does not
meet the established or expected standards of care.
–
–
–
–
–
–
–
Malpractice
Negligence
Assault and Battery (treat vs. touching)
Invasion of Privacy
False Imprisonment (restricting or restraining freedom)
Abuse (physical harm, pain, or mental anguish)
Deformation (false statements)
© 2009 Delmar, Cengage Learning
Legal Responsibilities Cont.
• Malpractice: “bad practice”, the failure of a
professional to use the degree of skill and
learning commonly expected in that
individual’s 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.
© 2009 Delmar, Cengage Learning
Legal Responsibilities
(continued)
• Contract: an agreement between two or
more parties
• Components of contract
– Offer (competent individual offers to be a patient)
– Acceptance (health care provider examines/treats patient)
– Consideration (payment made by patient for services)
• Implied or expressed
(continues)
© 2009 Delmar, Cengage Learning
Legal Responsibilities
(continued)
• Legal disability  a person who has a legal
disability does not have the legal capacity to
form a contract (under age, under influence)
• Breach of contract
• Non-English speaking party (translator)
• Agent (when a person works under the
direction of another person, employer is
principal and person under employer is agent
(continues)
© 2009 Delmar, Cengage Learning
Legal Responsibilities
(continued)
• Privileged communications; confidential
information given to health care professional
from a patient
• Health care records
• Privacy Act: HIPAA
• Authorization to release health information
– Health care provider, attorney, insurance company,
patient’s family, etc.
© 2009 Delmar, Cengage Learning
Summary
• States have set rules and regulations
• Most health care agencies have specific
rules, regulations, and standards that vary
from state to state
• Health care worker must know all legalities
of what is expected of them
© 2009 Delmar, Cengage Learning
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
© 2009 Delmar, Cengage Learning
Ethical Dilemmas
•
•
•
•
•
•
Frequently created by modern medicine
Euthanasia
Confidentiality of AIDS diagnosis
Aborted fetuses and research
Continuing life support
Expensive treatments and payment
(continues)
© 2009 Delmar, Cengage Learning
Ethical Dilemmas
(continued)
•
•
•
•
•
•
Transplant decisions
Legal issues and marijuana
Animals and research
Genetic research
Cloning
Stem cell research
© 2009 Delmar, Cengage Learning
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)
© 2009 Delmar, Cengage Learning
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
© 2009 Delmar, Cengage Learning
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
© 2009 Delmar, Cengage Learning
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
© 2009 Delmar, Cengage Learning
5:4 Advance Directives for Health Care
• AKA Legal Directives
• Purpose  legal documents
that allow individuals to
state what medical
treatment they want or do
not want if they are unable
to express their wishes
regarding their medical care
• Legal document
• Two main directives
– Living wills
– Durable Power of
Attorney (POA)
© 2009 Delmar, Cengage Learning
Advance Directives for Health Care
(continued)
• Patient Self-Determination Act (PSDA)
– comply with specific requirements (pg. 115)
• 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
© 2009 Delmar, Cengage Learning
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
© 2009 Delmar, Cengage Learning
5:5 Professional Standards
• Professional Standards – by following
specific standards at all times, you protect
yourself, your employer and the patient.
– 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)
© 2009 Delmar, Cengage Learning
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
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
© 2009 Delmar, Cengage Learning
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)
© 2009 Delmar, Cengage Learning
Summary
(continued)
• Follow basic standards listed
• Protect yourself, your employer, and your
patient for whom you provide all the
necessary health care
© 2009 Delmar, Cengage Learning