Legal and Ethical Legal and Ethical ResponsibilitiesResponsibilities

Chapter 5Chapter 5

Criminal vs Civil LawCriminal vs Civil Law

CriminalCriminal– ““crime”crime”– Focuses on Focuses on

wrongs against a wrongs against a person, property, person, property, or societyor society

CivilCivil– Focuses on legal Focuses on legal

relationships relationships between people between people protection of a protection of a person’s rightsperson’s rights

– Deals with torts Deals with torts and contractsand contracts

TortsTorts

Wrongful act that does not Wrongful act that does not involve a contractinvolve a contract

Occurs when a person is harmed Occurs when a person is harmed or injured because a health care or injured because a health care provider does not meet the provider does not meet the established or expected established or expected standards of carestandards of care

Question 1Question 1

Malpractice is also known as “bad Malpractice is also known as “bad practice”practice”– True or FalseTrue or False

MalpracticeMalpractice

““bad practice” or “professional bad practice” or “professional negligence”negligence”

Failure of a professional to use Failure of a professional to use the degree of skill and learning the degree of skill and learning commonly expected in that commonly expected in that individual’s professionindividual’s profession

Causes injury, loss, or damage to Causes injury, loss, or damage to the person receiving carethe person receiving care

Question 2Question 2

Negligence occurs when care is Negligence occurs when care is given that is normally expected?given that is normally expected?– True or FalseTrue or False

NegligenceNegligence

Failure to give care that is Failure to give care that is normally expected of a person in normally expected of a person in a particular positiona particular position

Results in injury to another Results in injury to another personperson

Assault and BatteryAssault and Battery

AssaultAssault– Threat or attempt Threat or attempt

to injureto injure

BatteryBattery– Unlawful touching Unlawful touching

of another person of another person without consentwithout consent

Question 3Question 3

Assault and battery are Assault and battery are commonly used together because commonly used together because they often occur at the same timethey often occur at the same time

True or FalseTrue or False

Assault and BatteryAssault and Battery

Closely related and often used Closely related and often used togethertogether

Patients Patients MUSTMUST give consent for give consent for any care and they have a right to any care and they have a right to refuse carerefuse care

Informed ConsentInformed Consent

Permission granted voluntarily by Permission granted voluntarily by a person who is of sound mind a person who is of sound mind after the procedure and all risks after the procedure and all risks involved have been explained in involved have been explained in terms the person can understandterms the person can understand

Question 4Question 4

Invasion of privacy can happen Invasion of privacy can happen when a person is unnecessarily when a person is unnecessarily exposedexposed– True or falseTrue or false

Invasion of PrivacyInvasion of Privacy

Can involve unnecessarily Can involve unnecessarily exposing an individualexposing an individual

Can also be caused by revealing Can also be caused by revealing personal information about an personal information about an individual without that person’s individual without that person’s consentconsent

False ImprisonmentFalse Imprisonment

Restraining an individual or Restraining an individual or restricting an individual’s freedomrestricting an individual’s freedom

Question 5Question 5

There are 5 types of abuseThere are 5 types of abuse– True or FalseTrue or False

AbuseAbuse

Any care that results in physical Any care that results in physical harm, pain or mental anguishharm, pain or mental anguish

TypesTypes– PhysicalPhysical– VerbalVerbal– PsychologicalPsychological– SexualSexual

Physical AbusePhysical Abuse

HittingHitting Forcing people against their willForcing people against their will Restraining movementRestraining movement Depriving people of food/waterDepriving people of food/water Not providing physical careNot providing physical care

Verbal AbuseVerbal Abuse

Speaking harshlySpeaking harshly Swearing or shoutingSwearing or shouting Using inappropriate words to Using inappropriate words to

describe a person’s race or describe a person’s race or nationalitynationality

Writing threats or abusive Writing threats or abusive statementsstatements

Psychological AbusePsychological Abuse

Threatening harmThreatening harm Denying rights Denying rights BelittlingBelittling IntimidatingIntimidating Ridiculing the personRidiculing the person Threatening to reveal information Threatening to reveal information

about the personabout the person

Sexual AbuseSexual Abuse

AnyAny unwanted sexual touching or unwanted sexual touching or actact

Using sexual gesturesUsing sexual gestures

Suggesting sexual behaviorSuggesting sexual behavior

Question 6Question 6

Liable and slander are two types Liable and slander are two types of defamationof defamation– True or falseTrue or false

DefamationDefamation

Occurs when false statements Occurs when false statements either cause a person to be either cause a person to be ridiculed or damage the person’s ridiculed or damage the person’s reputationreputation

Incorrect information given out in Incorrect information given out in error can result in defamationerror can result in defamation

LibelLibel SlanderSlander

Question 7Question 7

Slander occurs when false, Slander occurs when false, damaging statements are writtendamaging statements are written– True or falseTrue or false

Question 8Question 8

Libel happens when false, Libel happens when false, damaging statements are spoken.damaging statements are spoken.– True or falseTrue or false

Slander and LibelSlander and Libel

SlanderSlander– Occurs when the Occurs when the

information is information is spokenspoken

Libel Libel – Occurs when the Occurs when the

information is information is writtenwritten

ContractsContracts

Agreement Agreement between 2 or more between 2 or more partiesparties– Offer Offer – Acceptance Acceptance – ConsiderationConsideration

Implied contractImplied contract– Health professional Health professional

prepares a prepares a medication and the medication and the patient takes itpatient takes it

Expressed contractExpressed contract– Stated in clear, Stated in clear,

distinct language distinct language (writing or orally)(writing or orally)

– Surgery permitSurgery permit PrincipalPrincipal

– EmployerEmployer AgentAgent

– Person working Person working under the under the employeremployer

Question 9Question 9

HIPAA stands for Human HIPAA stands for Human Intelligence and Privacy Actions Intelligence and Privacy Actions AssociationAssociation– True or FalseTrue or False

HHealth ealth IInsurance nsurance PPortability and ortability and AAccountability ccountability AActct

Federal Law!!!!Federal Law!!!! Basically keeps all information Basically keeps all information

PRIVATEPRIVATE– Able to see and obtain copies of their Able to see and obtain copies of their

recordsrecords– Set limits on who and how much Set limits on who and how much

someone seessomeone sees– Other Other

Question 10Question 10

Ethics are a set of ______________ Ethics are a set of ______________ relating to what is morally right or relating to what is morally right or wrongwrong– A) progressionsA) progressions– B) policiesB) policies– C) principlesC) principles– D) possibilitiesD) possibilities

ConfidentialityConfidentiality

Keeping information PRIVATE!!!!!!Keeping information PRIVATE!!!!!!

Question 11Question 11

A legal violation can occur if a A legal violation can occur if a patient suffers personal or patient suffers personal or financial damage when financial damage when confidential information is shared confidential information is shared with otherswith others– True or falseTrue or false

Patient’s RightsPatient’s Rights

Known as factors of care that Known as factors of care that patients can expect to receivepatients can expect to receive– Agencies expect all personnel to Agencies expect all personnel to

respect and honor these rightsrespect and honor these rights

Patient’s Bill of RightsPatient’s Bill of Rights

Considerate and respectful careConsiderate and respectful care Obtain complete, current Obtain complete, current

information concerning dx, tx, information concerning dx, tx, and prognosisand prognosis

Receive info necessary to give Receive info necessary to give informed consent prior to the informed consent prior to the start of any procedure or txstart of any procedure or tx

Question 12Question 12

One of the PBOR is to get One of the PBOR is to get considerate and respectful careconsiderate and respectful care– True or falseTrue or false

Have advanced directives for Have advanced directives for health care and/or refuse health care and/or refuse treatment to the extent permitted treatment to the extent permitted under the lawunder the law

Privacy concerning a medical care Privacy concerning a medical care programprogram

Confidential tx of all Confidential tx of all communications and recordscommunications and records

Reasonable response to a request for Reasonable response to a request for servicesservices

Obtain information regarding any Obtain information regarding any relationship of the hospital and other relationship of the hospital and other healthcare and educational healthcare and educational institutionsinstitutions

Be advised of and have the right to Be advised of and have the right to refuse to participate in any research refuse to participate in any research projectproject

Question 13Question 13

Patients have a right to a Patients have a right to a reasonable response to a request reasonable response to a request for servicesfor services– True or falseTrue or false

Expect reasonable continuity of careExpect reasonable continuity of care Review medical records and Review medical records and

examine bills and receive an examine bills and receive an explanation of all care and chargesexplanation of all care and charges

Be informed of any hospital rules, Be informed of any hospital rules, regulations, and/or policies and the regulations, and/or policies and the resources available to resolve resources available to resolve disputes or grievencesdisputes or grievences

Resident’s Bill of Resident’s Bill of RightsRights OBRA OBRA

– Omnibus Budget Reconciliation Act Omnibus Budget Reconciliation Act of 1987of 1987

– Every LTCF must inform residents or Every LTCF must inform residents or their guardians of these rights and a their guardians of these rights and a copy must be posted in each facilitycopy must be posted in each facility

RBORRBOR

Free choice regarding physician, Free choice regarding physician, tx, care, and participation in tx, care, and participation in researchresearch

Freedom of abuse and chemical Freedom of abuse and chemical or physical restraintsor physical restraints

Privacy and confidentiality of Privacy and confidentiality of personal and clinical recordspersonal and clinical records

Accommodations of needs and Accommodations of needs and choice regarding activities, choice regarding activities, schedules, and healthcareschedules, and healthcare

Voice grievances w/o fear of Voice grievances w/o fear of retaliation or discriminationretaliation or discrimination

Organize and participate in Organize and participate in family/resident groups and in social, family/resident groups and in social, religious, and community activitiesreligious, and community activities

Info on medical benefits, medical Info on medical benefits, medical records, survey results, deficiencies records, survey results, deficiencies of the facility, and advocacy groupsof the facility, and advocacy groups

Manage personal funds and use Manage personal funds and use personal possessionspersonal possessions

Unlimited access to immediate family Unlimited access to immediate family or relatives and to share a room w/ or relatives and to share a room w/ his or her spouse, if both are his or her spouse, if both are residentsresidents

Remain in the facility and not be Remain in the facility and not be transferred or discharged except transferred or discharged except for medical reasons, the welfare for medical reasons, the welfare of the resident or others, failure of the resident or others, failure to pay, or if the facility either to pay, or if the facility either cannot meet the resident’s needs cannot meet the resident’s needs or ceases to operateor ceases to operate

Question 14Question 14

Residents have the right to Residents have the right to freedom from abuse and chemical freedom from abuse and chemical or physical restraintsor physical restraints– True or falseTrue or false

Question 15Question 15

Advanced directives are legal Advanced directives are legal documents that allow individuals to documents that allow individuals to state what medical treatment they state what medical treatment they want or do not want in the event want or do not want in the event that they become incapacitated that they become incapacitated and are unable to express their and are unable to express their wishes regarding medical carewishes regarding medical care– True or falseTrue or false

Advanced DirectivesAdvanced Directives

Living willsLiving wills– Allow individuals to state what Allow individuals to state what

measures should or should not be measures should or should not be taken to prolong life when their taken to prolong life when their condition is terminalcondition is terminal

Durable Power of AttorneyDurable Power of Attorney– Document that permits an individual Document that permits an individual

to appoint another person to make to appoint another person to make any decisions regarding health care if any decisions regarding health care if they are unable to make decisionsthey are unable to make decisions