Legal and Ethical Legal and Ethical ResponsibilitiesResponsibilities
Legal ResponsibilitiesLegal Responsibilities
IntroductionCriminal lawCivil lawTortMalpracticeNegligence
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Legal ResponsibilitiesLegal Responsibilities((continuedcontinued))
Assault and batteryInvasion of privacyFalse imprisonmentAbuseDefamation
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Legal ResponsibilitiesLegal Responsibilities((continuedcontinued))
Contract; an agreement between two or
more partiesComponents of contract
◦Offer◦Acceptance◦Consideration
Implied or expressed
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Legal ResponsibilitiesLegal Responsibilities((continuedcontinued))
Legal disabilityBreach of contractNon-English speaking partyAgent
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Legal ResponsibilitiesLegal Responsibilities((continuedcontinued))
Privileged communications; confidential information from a patient
Health care recordsPrivacy Act: HIPAAAuthorization to release health
information
SummarySummary
States have set rules and regulations Most health care agencies have specific
rules, regulations, and standardsStandards vary from state to state and
agency to agencyHealth care worker must know all
legalities of what is expected of them
EthicsEthics
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
Ethical DilemmasEthical Dilemmas
Frequently created by modern medicineEuthanasiaConfidentiality of AIDS diagnosisAborted fetuses and researchContinuing life supportExpensive treatments and payment
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Ethical DilemmasEthical Dilemmas((continuedcontinued))
Transplant decisionsLegal issues and marijuanaAnimals and researchGenetic researchCloningStem cell research
Basic Rules of EthicsBasic Rules of Ethics
Save lives and promote healthPatient comfortRespect the patient’s right to die
peacefully and with dignityTreat all patients equallyProvide the best care possible
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Basic Rules of EthicsBasic Rules of Ethics((continuedcontinued))
Maintain competent skills and knowledge
Respect rules of confidentialityRefrain from immoral, unethical, and
illegal practicesShow loyalty to patients, co-workers,
and employersBe sincere, honest, and caring
SummarySummary
Study the code of ethics for the occupation you enter
Abide by the codeBecome a competent and ethical health
care workerEarns you the respect and confidence of
patients, co-workers, and employers
Patients’ RightsPatients’ 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
Advance Directives for Health Advance Directives for Health CareCare
Also known as legal directivesPurposeLegal documentTwo main directives
◦Living wills◦Durable Power of Attorney (POA)
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Advance Directives for Health Advance Directives for Health CareCare((continuedcontinued))
Patient Self-Determination Act (PSDA)Health care workers must be aware of
the act and honor itHealth care workers should give serious
consideration to preparing their own advance directives
SummarySummary
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
Professional StandardsProfessional 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
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Professional StandardsProfessional Standards((continuedcontinued))
Identify the patientObtain patient’s consent Observe safety precautionsKeep all information confidentialThink before you speak and watch
everything you sayTreat all patients equally
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Professional StandardsProfessional Standards((continuedcontinued))
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
SummarySummary
Know the legal and ethical implications for your particular health care career
Ask questions Request written policiesContact your state board of health or
education to obtain all the current regulations and guidelines
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SummarySummary((continuedcontinued))
Follow basic standards listedProtect yourself, your employer, and
your patient for whom you provide all the necessary health care