Transcript LEGAL AND ETHICAL RESPONSIBILITIES

LEGAL AND ETHICAL
RESPONSIBILITIES
LEGAL
RESPONSIBILITY
THOSE THAT ARE
AUTHORIZED OR BASED
ON LAW
CIVIL LAW
FOCUSES ON LEGAL
RELATIONSHIPS BETWEEN
PEOPLE AND PROTECTION OF A
PERSON’S RIGHTS
CRIMINAL LAW
FOCUSES ON WRONGS
AGAINST A PERSON,
PROPERTY, OR SOCIETY.
TORTS
WRONGFUL ACTS THAT DO
NOT INVOLVE CONTRACTS
MALPRACTICE
FAILURE OF A PROFESSIONAL
TO USE THE DEGREE OF
SKILL AND LEARNING
COMMONLY EXPECTED IN
THAT INDIVIDUALS
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
ASSAULT AND BATTERY
ASSAULT INCLUDES A
THREAT TO INJURE.
BATTERY INCLUDES THE
UNLAWFUL TOUCHING OF
ANOTHER PERSON
WITHOUT CONSENT.
INVASION OF PRIVACY
INCLUDES UNNECESSARILY
EXPOSING AN INDIVIDUAL
OR REVEALING PERSONAL
INFORMATION REGARDING A
PATIENT WITHOUT THE
PATIENT’S CONSENT
FALSE IMPRISONMENT
REFERS TO RESTRAINING AN
INDIVIDUAL OR
RESTRICTING AN
INDIVIDUALS FREEDOM
WITHOUT PROPER
JUSTIFICATION.
ABUSE
ANY CARE THAT RESULTS
IN PHYSICAL HARM, PAIN,
OR MENTAL ANGUISH
Possible signs of abuse



Poor personal hygiene
Aggressive or withdrawn behavior
Unexplained bruises, fractures, burns
or injuries
INFORMED CONSENT
PERMISSION GRANTED
VOLUNTARILY BY A PERSON
OF SOUND MIND AFTER THE
PROCEDURE AND ALL RISKS
INVOLVED ARE FULLY
EXPLAINED TO THE PATIENT
IN TERMS THAT THEY CAN
UNDERSTAND.
(LAYMEN TERMS)
If patient non-English speaking
must use translator
DEFAMATION
OCCURS WHEN FALSE
STATEMENTS EITHER CAUSE
A PERSON TO BE REDICULED
OR DAMAGE THE PERSON’S
REPUTATION.
DEFAMATION
 SLANDER
– INFORMATION
IS SPOKEN
 LIBEL – INFORMATION IS
WRITTEN
CONTRACTS – AN AGREEMENT MADE
BETWEEN TWO OR MORE PARTIES


IMPLIED CONTRACTS - ARE
THOSE OBLIGATIONS THAT ARE
UNDERSTOOD WITHOUT
VERBALLY EXPRESSED TERMS –
EX. PATIENT TAKES MED. FROM
NURSE
EXPRESSED CONTRACTS – ARE
STATED IN DISTEINT CLEAR
LANGUAGE, EITHER ORALLY OR
IN WRITING. EX. A SURGERY
PERMIT
LEGAL DISABILITY
SOMEONE THAT DOES NOT
HAVE THE LEGAL CAPACITY
TO FORM A CONTRACT. EX.UNDER AGE, MENTALLY
INCOMPETENT, UNDER
INFLUENCE OF A DRUG,
UNCONSCIOUS.
 ALL PARTIES ENTERING INTO
A CONTRACT MUST BE FREE

PRIVILEGED
COMMUNICATIONS
ALL INFORMATION GIVEN TO
HEALTH CARE PERSONNEL
BY A PATIENT.
PRIVILEGED
COMMUNICATIONS
BY LAW THIS INFORMATION
MUST BE KEPT CONFIDENTIAL
AND ONLY SHARED WITH
MEMBERS OF THE PATIENTS
HEALTH CARE TEAM.
 WRITTEN CONSENT MUST BE
GIVEN BY THE PATIENT IN
ORDER FOR THIS INFO. TO BE
GIVEN TO ANY ELSE.

EXEMPTIONS FROM
PRIVILEGED COMMUNICATION
BIRTHS
 DEATHS
 INJURIES OF VIOLENCE
 THINGS THAT CALL FOR
POLICE INVOLVEMENT
 DRUG ABUSE
 COMMUNICABLE DISEASES
 STD

HIPAA
HEALTH INSURANCE
PORTABILITY AND
ACCOUNTABILITY ACT
 FEDERAL GUIDELINES TO
PROTECT CONFIDENTIAL
HEALTH INFORMATION

HIPAA
INCREASED USE OF
COMPUTERS , STORAGE AND
SENDING OF PATIENT
INFORMATION BY COMPUTER
HASINCREASED THE NEED
FOR PRIVACY ISSUES TO
ARRISE
 COMPLIANCE WITH HIPAA

HEALTH CARE RECORD
PRIVILEGED
COMMUNICATION
 LEGAL DOCUMENT
 MUST BE KEPT FOR THE TIME
REQUIRED BY LAW
 BELONG TO THE HEALTH
CARE PROVIDER, HOWEVER
PATIENT HAS RIGHT TO
OBTAIN A COPY

ERRORS ON THE MEDICAL
RECORD
ANY ERROR MADE ON THE
MEDICAL RECORD SHOULD BE
CROSSED THROUGH WITH A
SINGLE LINE SO MATERIAL IS
STILL READABLE, AND
CORRECT INFORMATION
ADDED.
 ALL INFORMATION SHOULD

ETHICS
A SET OF PRINCIPLES
RELATING TO WHAT IS
MORALLY RIGHT OR
WRONG. PROVIDE A
STANDARD OF CONDUCT
OR CODE OF BEHAVIOR
CONFIDENTIALITY
INFORMATION ABOUT THE
PATIENT MUST BE KEPT
PRIVATE AND SHARE ONLY
WITH THE PATIENTS HEALTH
CARE TEAM
“PATIENTS BILL OF RIGHTS”
WRITTEN DOCUMENT
THAT OUTLINES THE
PATIENTS RIGHTS. THIS
IS RECOGNIZED BY
HEALTH CARE
FACILITIES.
OBRA
OMINUS BUDGET
RECONCILIATION ACT OF 1987
 RESIDENTS IN LONG TERM
CARE FACILITIES ARE
GUARANTEED CERTAIN
RIGHTS UNDER THIS ACT AND
THIS ACT MUST BE POSTED

ADVANCE DIRECTIVES
A LEGAL DOCUMENT THAT
ALLOWS INDIVIDUALS TO STATE
WHAT MEDICAL TREATMENTS
THEY WANT OR DO NOT WANT IN
THE CASE THAT THEY BECOME
INCAPACITATIED AND ARE
UNABLE TO MAKE THEIR WISHED
CLEAR.
LIVING WILL
DOCUMENTS THAT ALLOW
INDIVIDUALS TO STATE
WHAT MEASURES TAKEN TO
PROLONG LIFE WHEN
CONDITIONS ARE TERMINAL
DNR


DNR – DO NOT RESUSCITATE
Order must be written by doctor prior
to – in order to not perform cpr
DURABLE POWER OF
ATTORNEY
DOCUMENT THAT PERMITS AN
INDIVIDUAL TO APPOINT
ANOTHER PERSON TO MAKE
DECISIONS REGARDING HEALTH
CARE IS THEY BECOME UNABLE
TO MAKE DECISIONS
PATIENT SELFDETERMINATION ACT OF
1990 (PSDA)
FEDERAL LAW THAT REQUIRES
ALL HEALTH CARE FACILITIES
RECEIVING ANY TYPE OF FEDERAL
AID TO COMPLY WITH A VARIETY
OF GUIDELINES.