Legal and ethical responsibilities
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Legal and Ethical Responsibilities. Introduction Criminal law Civil law Tort Malpractice Negligence. Legal Responsibilities. ( continues ). Assault and battery Invasion of privacy False imprisonment Abuse Defamation. Legal Responsibilities ( continued ). ( continues ).

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Legal and Ethical Responsibilities

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Legal and ethical responsibilities

Legal and Ethical Responsibilities


Legal responsibilities

  • Introduction

  • Criminal law

  • Civil law

  • Tort

  • Malpractice

  • Negligence

Legal Responsibilities

(continues)


Legal responsibilities continued

  • Assault and battery

  • Invasion of privacy

  • False imprisonment

  • Abuse

  • Defamation

Legal Responsibilities(continued)

(continues)


Legal responsibilities continued1

  • Contract; an agreement between two or more parties

  • Components of contract

    • Offer

    • Acceptance

    • Consideration

  • Implied or expressed

Legal Responsibilities(continued)

(continues)


Legal responsibilities continued2

  • Legal disability

  • Breach of contract

  • Non-English speaking party

  • Agent

Legal Responsibilities(continued)

(continues)


Legal responsibilities continued3

  • Privileged communications; confidential information from a patient

  • Health care records

  • Privacy Act: HIPAA

  • Authorization to release health information

Legal Responsibilities(continued)


Summary

  • 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 must know all legalities of what is expected of them

Summary


Ethics

  • 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

Ethics


Ethical dilemmas

  • Frequently created by modern medicine

  • Euthanasia

  • Confidentiality of AIDS diagnosis

  • Aborted fetuses and research

  • Continuing life support

  • Expensive treatments and payment

Ethical Dilemmas

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Ethical dilemmas continued

  • Transplant decisions

  • Legal issues and marijuana

  • Animals and research

  • Genetic research

  • Cloning

  • Stem cell research

Ethical Dilemmas(continued)


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

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Basic rules of ethics continued

  • Maintain competent skills and knowledge

  • Respect rules of confidentiality

  • Refrain from immoral, unethical, and illegal practices

  • Show loyalty to patients, co-workers, and employers

  • Be sincere, honest, and caring

Basic Rules of Ethics(continued)


Summary1

  • 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

Summary


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

Patients’ Rights


Advance directives for health care

  • Also known as legal directives

  • Purpose

  • Legal document

  • Two main directives

    • Living wills

    • Durable Power of Attorney (POA)

Advance Directives for Health Care

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Advance directives for health care continued

  • Patient Self-Determination Act (PSDA)

  • Health care workers must be aware of the act and honor it

  • Health care workers should give serious consideration to preparing their own advance directives

Advance Directives for Health Care(continued)


Summary2

  • By observing patient 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

Summary


Professional standards

  • 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

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Professional standards continued

  • Identify the patient

  • Obtain patient’s consent

  • Observe safety precautions

  • Keep all information confidential

  • Think before you speak and watch everything you say

  • Treat all patients equally

Professional Standards(continued)

(continues)


Professional standards continued1

  • Accept no tips or bribes for care you provide

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

  • Behave professionally in dress, language, manners, and actions

  • Always carry liability insurance

Professional Standards(continued)


Summary3

  • Know the legal and ethical implications for your particular health care career

  • Ask questions

  • Request written policies

  • Contact your state board of health or education to obtain all the current regulations and guidelines

Summary

(continues)


Summary continued

  • Follow basic standards listed

  • Protect yourself, your employer, and your patient for whom you provide all the necessary health care

Summary(continued)


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