Unit 4 Legal and Ethical Responsibilities. 4:1 Legal Responsibilities Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 2 Introduction.

Unit 4 Legal and Ethical Responsibilities

4:1 Legal Responsibilities

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

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IntroductionCivil lawsCriminal lawsTortsMalpracticeNegligence

Legal Responsibilities (continued)


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Assault and batteryInvasion of privacyFalse imprisonmentAbuseDefamationPrivileged communicationsHealth care records

Contracts


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Agreement between two or more partiesComponents of contract

Offer Acceptance Consideration

Implied or expressed

Contracts (continued)


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Legal disabilityBreach of contractNon-English speaking partyAgent

Summary


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Important aspect of health careAll states have set rules and regulationsMost health care agencies have specific

rules, regulations, and standardsStandards vary from state to state and

agency to agencyHealth care worker must know all legalities

of what is expected of them

4:2 Ethics


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Set principles dealing with what is morally right or wrong

Provide a standard of conduct or code of behavior

Help health care worker analyze information and make decisions

Ethical Dilemmas


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Frequently created by modern medicineEuthanasiaConfidentiality of AIDS diagnosisAborted fetuses and researchContinuing life supportExpensive treatments and payment

Ethical Dilemmas (continued)


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Transplant decisionsLegal issues and marijuanaAnimals and researchGenetic researchCloningStem cell research

Basic Rules of Ethics


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Save lives and promote healthPatient comfortRespect the patient’s right to die peacefully

and with dignityTreat all patients equallyProvide the best care possible

Basic Rules of Ethics (continued)


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Maintain competent skills and knowledgeMaintain confidentialityRefrain from immoral, unethical, and

illegal practicesShow loyalty to patients, co-workers,

and employersBe sincere, honest, and caring

Summary


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Study the code of ethics for the occupation you enter

Abide by the codeBecome a competent and ethical health care

workerEarns you the respect and confidence of

patients, co-workers, and employers

4:3 Patients’ Rights


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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

4:4 Advance Directives for Health Care


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Also known as legal directivesPurposeLegal documentTwo main directives

Living wills Durable Power of Attorney (POA)

Advance Directives for Health Care (continued)


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Patient Self-Determination Act (PSDA)Health care workers must be aware of the act

and honor itHealth care workers should give serious

consideration to preparing their own advance directives

Summary


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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


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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)


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Identify the patient and obtain their consent before performing any procedures

Observe all safety precautionsKeep all information confidentialThink before you speak and watch everything

you sayTreat all patients equally

Professional Standards (continued)


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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


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Know the legal and ethical implications for your particular health career

Ask questions or request written policiesContact state board of health or education to

obtain regulations and guidelinesFollow the basic standards listedProtect yourself, your employer, and your

patient for whom you provide health care

Unit 4 Legal and Ethical Responsibilities. 4:1 Legal Responsibilities Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED. 2 Introduction.

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