Transcript Medical Legal and Ethics

Medical Legal and
Ethics
Types of Law
• Civil
Law – focuses on legal relationships
between people and the protection of personal
rights
• Criminal
Law – focuses on wrongs against a
person, property or society
• Tort
– occurs when a person is harmed or injured
because a healthcare provider does not meet
established or expected standard of care
Torts
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Malpractice
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Negligence
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Assault
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Battery
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Invasion of Privacy
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False Imprisonment
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Abuse
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Defamation by slander or libel
Ethics
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Standards of conduct that indicate how one should behave based on moral
duties and virtues, which are derived from the principles of right and wrong
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Aspects of Ethics - The ability to discern right from wrong
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Morals – beliefs, customs, and traditions that reflect personal convictions
about right and wrong
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Values – core beliefs or desires that guide or motivate attitudes
Medical Code of Ethics
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1. The health care worker’s primary goal is to promote optimal level of
wellness, preserve life and provide for a peaceful death when necessary
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2. The health care worker respects the religious beliefs and cultural values
of all patients
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3. The healthcare worker provides adequate and continuous care for all
patients regardless of age, gender, race, sexual orientation or nature of the
illness or injury
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4. The health care worker knows the limits of practice for which he or she is
competent and stays within those limits
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5. The health care worker maintains competence and current knowledge by
pursuing continuing education
Medical Code of Ethics
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6. The health care worker practices jurisprudent behavior at all times by
avoiding unethical or illegal practices
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7. The health care worker respects the dignity and rights of each patient by
maintaining confidentiality and a professional attitude regarding all
information relating to the client
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8. The health care worker asks for clarification and assistance when unsure
of any aspect of care
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9. The health care worker participates in professional activities and
organizations to provide better health care
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10. The health care worker maintains a high standard of ethical and legal
behavior in his or her PRIVATE life as well as professional life
Making Ethical Decisions
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1. Have a strong desire to do the right thing
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2. Make sure you have all the facts. Do not make assumptions.
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3. Have the capacity to develop multiple alternative solutions that minimize
ethical dilemmas
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4. Predict the consequences of conduct and assess the likelihood that people
will be helped or harmed.
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5. Perceive and eliminate all unethical options
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6. Select the most ethical alternative.
Five Steps of Reasoning
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1. Clarify – determine the decision to be made
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2. Evaluate – Distinguish facts from beliefs and opinions
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3. Decide – Make a judgement about what is real and right
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4. Implement – Develop a plan on what to do that minimizes risks and
maximizes desired outcome
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5. Monitor and Modify – few decisions in life are final. Make corrections as
necessary
Advanced Directives
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Living Will
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General Power of Attorney
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Medical Power of Attorney
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Revocation of Power of Attorney
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Do Not Resuscitate Order
Legal Terms
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Medical Director
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Scope of Practice
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Duty to Act
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Reportable Items
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Continuing Education
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When to Identify
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Punishment
Medical Standards of Behavior
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1. Confidentiality
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2. Accuracy
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3. Honesty
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4. Dependability