Transcript Unit D - Images

Legal and Ethical Responsibilities
Unit-D
2H04. Apply appropriate legal & ethical
behaviors.
• Specific Objectives:
2H04.01 Analyze legal roles and
responsibilities.
2H04.02 Evaluate ethical behavior in a
health care setting.
2H04.03 Explore legal and ethical issues
related to death and dying.
2H04.01: Analyze legal roles &
responsibilities.
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Torts
Malpractice
Negligence
Assault and battery
Invasion of privacy
False imprisonment
Abuse
Defamation
TORTS
From the French word “wrong.”
A civil wrongful act
causing harm or injury
due to the healthcare
worker not performing
the standard of care.
Malpractice
Interpreted as “bad practice”
Includes providing improper
or unprofessional treatment
or care that results in
injury/harm to the patient.
Performing a procedure
on a patient that that the
health care worker is not
trained to perform is
malpractice.
Negligence
A person at fault failed to do what a reasonable &
Careful person would DO. Also can be defined as
failure to take reasonable precautions to protect
others from the risk of harm.
NO, NO! How many
times do I Have to tell
you, nurse? The
appendix is a small
pink thing about this
big…
Battery
The unlawful touching
of another that results in
injury. Battery, which is the
claim that the patient did not
give his/her consent prior to
initiating the treatment or
procedure (surgery) or
treatment in question.
Assault
Verbal aggravation
meant to cause
harm or offense.
False Imprisonment
• Restraining an individual or
restriction and individual’s
freedom.
Invasion of Privacy
• Unnecessary
exposure of an
individual or
revealing personal
information about
an individual
without consent.
Abuse
Abuse- any care that results in physical
harm, pain, or medical anguish.
Abuse can be classified as:
Sexual - any form of sexual contact
with a patient.
Physical -unwanted touching,
restraining & withholding food/ water.
Verbal- talking harshly, swearing
of shouting, teasing, ridiculing,
intimidating a person.
It is required that any type of abuse
must be reported
Defamation of
Character
• Any information that
damages a person’s name
and reputation by making
public statements that are
false and malicious.
There are 2 types:
Libel-It is written about
Someone.
Slander-It is spoken about
someone.
B. Contracts-Agreement between
to parties.
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Parts of a contract
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1. Offer - competent
individual enters
into a relationship with
health care providers and
offers to be a patient.
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2. Acceptance - health care
provider gives an
appointment or examines or
treats a patient.
3. Consideration - payment
made by patient for services
provided.
Types of Contracts:
1. Expressed Contract a contract are specifically
stated (offer, acceptance,
consideration), & the
terms are stated.
Types of Contracts:
• 2. Implied Contract - is a contract
that is implied (indirectly) when a
party knowingly accepts a benefit
from another party, in
circumstances where the benefit
cannot be considered a gift.
Therefore, the party accepting
the benefit is under a legal
obligation to give fair value for
the benefit received.
Contract Obligations
Agency an organization or
company that provides
some service for another.
Agent (employee)
Principal (employer)
wherein the employee
acts on behalf of the
principal while supervised
by the principal.
PRIVILEGED
COMMUNICATION
Covers all information given to health
personnel by a patient.
• Physician - Patient Information cannot
be told to anyone else without the written
consent of the patient.
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Written consent should state:
1. What information can be released.
2. Who can get the information.
3. Any time limits related to the release of
information.
Medical Information Exempt
by Law
1. Births and Deaths.
2. Injuries caused by
Violence. (abuse, etc.)
3. Drug Abuse.
4. Communicable
Diseases.
5. Sexually Transmitted
Diseases.
Legal Disabilities
1. Mentally incompetent
persons
2. Individuals under the
influence of drugs that
alter the mental state
3. Semi- or unconscious
people.
4. Minors- anyone under 18
or the age of majority, is
called “an infant” under
law.
Health Care Records
• Contains information on the
care that has been provided
to the patient.
• Medical records belong to
the health care provider but
the patient has the right to
obtain a copy.
• The medical record is a legal
document and may be
subpoenaed as evidence in
court.
Health Care Records (continued)
Records must be kept as
required by state law
(2-7 years).
When records are
destroyed, they should be
shredded or burned.
2H04.02
Evaluate ethical
behavior in a health care setting.
A. Ethical/Professional
Standards - are a set of
principles of : Right or
Good Conduct.
1.Competent care, with compassion &
respect for human dignity, & the 7 rights.
2. Professionalism, be honest.
3. Respect the law
I.e. Ethical or unethical
Selling organs for money.
Promoting health above all else.
Keeping views about religion, politics, or
abortion to ones self.
Gossiping or talking about others.
B. Confidentiality
Always keep what a
patient tells you in
Confidence unless it is
medical information
exempt by law.
C. Patient’s Bill of Rights
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A patient has the right to:
Considerate and respectful care.
Obtain complete, current
information concerning diagnosis,
treatment, and prognosis.
Receive information necessary to
give informed consent prior to the
start of any procedure or
treatment.
Refuse treatment to the extent
permitted under law.
Privacy concerning a medical-care
program.
Confidential treatment of all
communications and records.
Patient’s Bill of Rights
(continued)
• Reasonable response to a
request for services.
• Obtain information regarding
any relationship of the hospital
to other health care and
educational institutions.
• Be advised of and have the
right to refuse to participate in
any research project.
• Expect reasonable continuity
of care.
• Examine bills and receive an
explanation of all charges.
• Be informed of any hospital
rules of regulations.
D. OBRA- Omnibus Budget
Reconciliation
The Federal Nursing Home Reform was created in 1987. It set standards for
care and the Patients Bill of Rights. It is provided for people in long term
facilities for the right to freedom from abuse and chemical or physical restraints.
2H04.03
Explore legal and
ethical issues related to death
and dying.
A. Legal directives:
1. Living wills
2. Durable Power of
Attorney (POA)
3. Patient SelfDetermination Act
(PSDA)
Living Will
• Document that allow individuals
to state what measures should
or should not be taken to
prolong life when their condition
is terminal.
• Most states not have laws that
allow the withholding of lifesustaining procedures and
honor living wills.
• Frequently result in DNR (do not
resuscitate) orders for terminally
ill individuals. No CPR!
Durable Power of Attorney for
Health Care (POA)
• Document that
permits an individual to
appoint another person
to make any decision
regarding health care if
the patient is unable to
make the decisions.
(POA) cont…..
• Includes providing or
withholding specific medical
or surgical procedures, hiring
or dismissing health care
providers, spending or
withholding specific medical
or surgical procedure, hiring
or dismissing health care
providers, spending or
withholding funds for health
care, and having access to
medical records.
PSDA-Patient Self Determination
Act
• A federal law requires
that all health care
facilities receiving any
type of federal aid
provide patents with
information about
advanced directives.
B. Euthanasia
• The act or practice of
killing somebody who
has an incurable illness
or injury, or of assisting
that person to die.
Euthanasia is illegal in
most countries.
C. 5 Stages of Death &
Dying
Dr. Elizabeth Kubler-Ross
• Denial-you are in disbelief that its happening to you.
• Anger-you start blaming your loved ones for your
situation.
• Bargaining-many people turn to God for help or the
doctors to have more time.
• Depression- you become withdrawn, quiet and an
extreme sadness.
• Acceptance- you begin to put your affairs in order
and you spend the last part of your life with your
loved ones and help them cope with the upcoming
death.
D. Organ Procurement
Removal of the tissues of
The human body from a
person who has recently
died, or from a living donor,
for the purpose of
transplanting. Organs &
tissues are removed in
procedures similar to
surgery. People of all ages
may be organ & tissue
donors.
Should people be allowed to sell organs for
money?
HOSPICE
Hospice care is end –of-life care
provided by health professionals
& volunteers, with the goal of
allowing the patient to die with
dignity. They give medical,
psychological and spiritual
support. Hospice volunteers can
stay with patients while the family
leaves for short periods of time.
Patients are referred to hospice
when life expectancy is
approximately six months or less.
Terminal illness is non-curable and
results in death.
Informed Consent
The patient/client
understands the reason
for treatment.
They understand:
1) What will be done.
2) Who will do it.
3) How it will be done.
4) Expected outcomes