Transcript LEGAL RESPONSIBILITIES

LEGAL
RESPONSIBILITIES
Health Science Technology 2
4/11/2017
LEGAL RESPONSIBILITIES
CIVIL LAW
– DEALING WITH LEGAL
RELATIONSHIPS BETWEEN PEOPLE
CRIMINAL LAW
– DEALING WITH WRONGS AGAINST A
PERSON, PROPERTY, OR SOCIETY
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HEALTHCARE IS AFFECTED BY:
CIVIL LAW
– CONTRACTS
– TORTS (wrongful act)
CRIMINAL LAW
– PRACTICING WITHOUT A LICENSE
– MISUSE OF NARCOTICS
– THEFT
– MURDER
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HEALTHCARE
PROFESSIONALS
REQUIRED TO KNOW AND
FOLLOW STATE LAWS THAT
REGULATE THEIR LICENSE
AND SET STANDARDS
FOR THEIR
PROFESSION.
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TORTS
 CONSIDERED A CIVIL WRONG
Includes:
 negligence
 false imprisonment
 invasion of privacy
 abuse
 defamation
 assault and battery
 CAN LEAD TO LEGAL ACTIONS
 CRIMINAL LAWS CAN APPLY
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NEGLIGENCE
FAILURE TO GIVE CARE
THAT IS NORMALLY
EXPECTED OF A
PERSON IN A PARTICULAR
POSITION, RESULTING IN
INJURY OF ANOTHER PERSON
– EXAMPLES
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• FALLS AND INJURIES THAT OCCUR
WHEN SIDERAILS ARE LEFT DOWN
OR WHEELCHAIRS WHEELS NOT
LOCKED
• USING DEFECTIVE EQUIPMENT
• INFECTIONS CAUSED BY USE OF
NON-STERILE INSTRUMENTS
False Imprisonment
 Refers to restraining or restricting an
individual’s freedom
Examples:
• Applying physical
restraints without
doctor’s permission
or with no justification
• Keeping a patient in the
hospital against their will
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INVASION OF PRIVACY
 UNNECESSARY
EXPOSURE OF AN
INDIVIDUAL OR
REVEALING
PERSONAL
INFORMATION
ABOUT AN INDIVIDUAL
WITHOUT CONSENT
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Invasion of Privacy
– EXAMPLES:
• IMPROPER DRAPING OR COVERING OF
A PATIENT DURING A PROCEDURE
• SENDING INFORMATION TO AN
INSURANCE COMPANY WITHOUT THE
PATIENT’S WRITTEN PERMISSION
• TELLING THE NEWS MEDIA ABOUT
PATIENT
Healthcare workers must maintain
confidentiality and keep all patient
information private and share the
information only with the patient’s
healthcare team.
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MALPRACTICE
 “BAD PRACTICE”
 PROVIDING IMPROPER OR UNPROFESSIONAL
TREATMENT OR CARE THAT RESULTS IN
INJURY TO A PERSON
 CLOSELY RELATED TO NEGLIGENCE
EXAMPLE:
• MEDICATIONS ADMININSTERED BY A
HEALTH CARE WORKER WHO HAS NO
TRAINING/KNOWLEDGE OF MEDICATIONS
(like Nursing Assistant giving medications
instead of Nurse)
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ASSAULT & BATTERY
ASSAULT
– CAN INCLUDE A THREAT OR
ATTEMPT TO INJURY
“I will hurt you”
BATTERY
– UNLAWFUL TOUCHING OF ANOTHER
PERSON WITHOUT CONSENT
(fight someone)
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Abuse
Improper care which results in
physical harm, pain, or mental
anguish
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Types of Abuse
 Physical Abuse
hitting, forcing people against their will,
restraining movement, depriving people
of food or water, not providing physical
care
 Verbal Abuse
speaking harshly, swearing, shouting,
using inappropriate words to describe a
person’s race or nationality
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Types of Abuse
Psychological Abuse
threatening harm, denying rights,
belittling, intimidating, or ridiculing,
threats to reveal personal
information
Sexual Abuse
unwanted sexual touching, using
sexual gestures, or sexual behavior
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Abuse
 Abuse directed towards a child is known as
Child Abuse
 Abuse directed towards an older person is
known as Elder Abuse
Healthcare Workers should be alert for signs of
abuse such as:
 Unexplained Bruises, Fractures, or Burns
 Poor Personal Hygiene
 Aggressive or Withdrawn Behavior
 Irrational Fears
 Patient Statements
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Defamation
Occurs when false statements
cause one of the following:
a. leads to a person being ridiculed
b. damage to a person’s reputation
Spoken Information is called Slander.
Written Information is called Libel.
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Ethics
 Set of principles relating to what is
morally right or wrong
Examples of Ethical Dilemmas today:
1. Stem Cell Research
2. Animal Testing
3. Euthanasia
4. Marijuana Use in Healthcare
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Patient’s Rights
Rights that are reviewed with
the patient when admitted to a
healthcare facility
Includes:
Rights about care
Rights about information
Rights about service
Rights of refusal
Rights of confidentiality
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HEALTHCARE CONSENTS
WRITTEN
(signed permission)
VERBAL
(phone permission)
INFORMED
(information given including risks)
person must have a sound mind
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Advance Directives
 Known as legal directives that
allow individuals to state what
medical treatment they want or
do not want in the event that
they become incapacitated and
are unable to express their
wishes regarding medical care.
2 Types:
•
Living Will
•
Durable Power of Attorney
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Living Will
Documents that allow individuals to state what measures
should or should not be taken to prolong life when their
condition is terminal (death expected).
May include a DNR order.
DNR means Do Not Resuscitate
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Durable Power of Attorney
This document permits:
individual (principal)
to appoint
another person
(agent) to make any
health care decisions
for them if they are
unable to make their
own decisions.
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