Legal

Unit 4 Legal and Ethical Responsibilities

Janet Nelson RN,CMA

Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 2

If you intend to become an effective and successful health care professional, you must be familiar with certain legal and ethical standards and follow them in performing your daily duties.

These standards will be your professional guidelines.

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4:1 Legal Responsibilities Civil laws: concerned with private rights

Criminal laws:protect members of society from certain harmful acts of others.

Torts: civil wrong committed against a person or property, excluding breach of contact. A tort may have caused physical injury, resulted in damage to someone’s property, or deprived someone of his or her personal liberty and freedom.


Malpractice: “Bad” practice.

Must prove that the health care professional:

1. Owed a duty to client,

2. Was derelict (did not live up to obligation)

3. Committed a breach of duty that was a direct cause of damages to client

Negligence: is the most common unintentional tort within the health care delivery system


Legal Responsibilities (continued)

Assault (verbal) and battery (physical) Invasion of privacy False imprisonment Abuse Defamation: Slander(spoken), Libel (written)

Privileged communications Health care records


DISEASES THAT MUST BE REPORTED TO OHIO HEALTH DEPT.

http://www.odh.ohio.gov/pdf/IDCM/intro1.pdf




Contracts

Agreement between two or more parties

Components of contract Offer

Acceptance

Consideration


Contracts cont.

Implied consent: n. consent when surrounding circumstances exist which would lead a reasonable person to believe that this consent had been given, although no direct, express or explicit words of agreement had been uttered. (Law.com)

Expressed consent: Either

written or oral consent is given.


Contracts cont. Legal disability

– Minors– Mentally incompetent– Influence of drugs or mind altering drugs

(legal or illegal)– Semiconscious or unconscious

Non-English speaking party need translator

Principal: employer Agent: employee


Summary

Important aspect of health care All states have set rules and regulations Most health care agencies have specific

rules, regulations, and standards Standards vary from state to state and

agency to agency Health care worker responsible to know all

legalities specific to their career.


4:2 Ethics

Morals are formed from your personal values- your concept of right and wrong.

Ethics are standards of behavior developed as a result of your moral values.

Provide a standard of conduct

or code of behavior


Ethics cont.

Help health care worker analyze information and make decisions

Ethics are not the same as laws. However ethics may govern behavior more strictly than laws do. EXAMPLE: It is not against the law to accept a tip from a patient but a person using good ethical behavior would refuse the tip.


Ethical Dilemmas

Ethical dilemmas are frequently created by modern medicine

Medical ethics - Wikipedia, the free encyclopedia

http://en.wikipedia.org/wiki/Medical_ethics

http://en.wikipedia.org/wiki/Medical_ethics


Basic Rules of Ethics

Save lives and promote health Patient comfort Respect the patient’s right to die

peacefully and with dignity Treat all patients equally Provide the best care possible


Basic Rules of Ethics (continued)

Maintain competent skills and knowledge Maintain confidentiality Refrain from immoral, unethical, and

illegal practices Show loyalty to patients, co-workers,

and employers Be sincere, honest, and caring


Summary

Study the code of ethics for the occupation you enter

Abide by the code Become a competent and ethical health

care worker Earns you the respect and confidence of

patients, co-workers, and employers


4:3 Patients’ 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

NIH Clinical Center: Patient Bill of Rights

http://clinicalcenter.nih.gov/participate/patientinfo/legal/bill_of_rights.shtml


4:4 Advance Directives for Health Care

Advanced Directive is a legal document that makes known a person’s wishes about life-support measures.AKA legal directive.

Examples of directives:– Living wills– Durable Power of Attorney (POA)– Health Care Proxies


LIVING WILL

Provides instructions directly to physicians, hospitals, and other health care providers involved in a client’s medical treatment.

Living Will Declaration - Free Legal Form

http://www.ilrg.com/forms/livingwill.html


DURABLE POWER OF ATTORNEY

Is not specifically a medical document. It gives one person, the authority to make

a variety of legal decisions on behalf of another person.

Ohio General Durable Power of Attorney for Property & Finances (Immediate) - Free Legal Form

http://www.ilrg.com/forms/powerofattorney-gd/us/oh




HEALTH CARE PROXY

AKA: Health care power of attorney. Specify end of life wishes and designates

an agent to make medical decisions for them in the event they cannot

.Ohio Durable Power of Attorney for Health Care - Free Legal Form

http://www.ilrg.com/forms/states/oh-powerofattorneyhealth-dur.html

http://www.ilrg.com/forms/states/oh-powerofattorneyhealth-dur.html


PSDA

Patient Self-Determination Act of 1990 Honor POA Honor Living Wills & Document on charts Provide information in preparing

either/both No discrimination or affect care Educate staff


Summary

Agencies, states, and organizations have created statements on patient’s rights

By observing 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


4:5 Professional Standards

Standard of care is the level of performance expected of a health care worker in carrying out his/her duties.

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


Professional Standards (continued)

Identify the patient and obtain their consent before performing any procedures

Observe all safety precautions Keep all information confidential Think before you speak and watch

everything you say Treat all patients equally


Professional Standards (continued)

Accept no tips or bribes for care you provide

If an error occurs or you make a mistake, report it immediately to your supervisor

Behave professionally in dress, language, manners, and actions

Always carry liability insurance


Summary

Know the legal and ethical implications for your particular health career

Ask questions or request written policies Contact state board of health or education

to obtain regulations and guidelines Follow the basic standards listed Protect yourself, your employer, and your

patient for whom you provide health care

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