Sei sulla pagina 1di 75

1.

04 Understand legal and ethical issues in health care

Importance for the health care professional to understand legal and ethical issues
1.

2.
3.

Knowledge of legal responsibilities Limitations of practice Implications of their actions

1.04 Understand legal and ethical issues

Importance for the health care professional to understand legal and ethical issues
4.

Protection of
a. b. c. d.

Health care professionals Patients Co-workers Facility

1.04 Understand legal and ethical issues

Importance for the health care professional to understand legal and ethical issues
5.
a. b. c.

Ethical behavior ensures


Quality patient care Positive work relationships Well-managed workplace

1.04 Understand legal and ethical issues

Legal and ethical issues encountered by health care professionals

1.04 Understand legal and ethical issues

Legal and Ethical Issues -Abortion

Termination of a pregnancy

Spontaneous Induced

Abortion is legal. What are the ethical issues?

1.04 Understand legal and ethical issues

Legal and Ethical Issues -End of life dilemmas-

1.04 Understand legal and ethical issues

Legal and Ethical Issues -Euthanasia(mercy killing)


Assisted

The act of ending the life of an individual in a painless manner. Individual is usually suffering from a terminal illness.
Involuntary Voluntary
1.04 Understand legal and ethical issues

Legal and Ethical Issues -Advanced Directives

Legal documents that allow the patient to state the end of life treatments they would or would not want, in the event that they become unable to make those decisions.

1.04 Understand legal and ethical issues

Legal and Ethical Issues -Living Will

Patients document that states specific measures to be taken or not taken to prolong life.

Do Not Resuscitate (DNR) Hydration Medication

1.04 Understand legal and ethical issues

Legal and Ethical Issues -Durable Power of Attorney

Document that names the person that will make health care decisions for the patient that is unable to do so.

1.04 Understand legal and ethical issues

Legal and Ethical Issues -Organ DonationThe removal of healthy tissues from one person for the purpose of transplanting them into another person. Donor can be living or recently deceased.
1.04 Understand legal and ethical issues

Legal and Ethical Issues


-Research & Experimental Treatment-

Health care research seeks to develop treatments for a disease process, or to establish new knowledge for health and wellness maintenance.

AIDS Stem Cell Cancer Research


1.04 Understand legal and ethical issues

Health care professionals legal obligations

-THE LAWSystem of Rules

1.04 Understand legal and ethical issues

Health care professionals legal obligations -Criminal

Law-

1.04 Understand legal and ethical issues

Criminal Law

Criminal Law

1.04 Understand legal and ethical issues

Health care professionals legal obligations

Criminal Law

Protects all people from those who pose a threat to society. Danger to the public, can result in being arrested. Criminal actions can result in a felony charge which could prevent a person from being employed. A felony is a serious crime that carries penalty of at least one year of imprisonment.
1.04 Understand legal and ethical issues

Health care professionals legal obligations

Criminal Law Assault

Any threat or attempt to injure another person with the apparent ability to do so
1.04 Understand legal and ethical issues

Health care professionals legal obligations

Criminal Law Battery

Unlawful touching of another person without consent


1.04 Understand legal and ethical issues

Health care professionals legal obligations

Criminal Law Misuse of Narcotics

May relate to:

Personal use by health care professionals Patient use of prescribed dosage Doctor prescription for right amount of medicine

1.04 Understand legal and ethical issues

Health care professionals legal obligations

Criminal Law Murder

Taking another persons life

1.04 Understand legal and ethical issues

Health care professionals legal obligations

Criminal Law Practicing Without a License

Individual providing health care services without a license

1.04 Understand legal and ethical issues

Health care professionals legal obligations

Criminal Law Theft

Taking another
persons possessions

1.04 Understand legal and ethical issues

Criminal Law
Assault

Theft
Criminal Law

Battery

Practicing without a license

Invasion of privacy Misuse of narcotics

Murder

1.04 Understand legal and ethical issues

Health care professionals legal obligations

Criminal Law

Danger to the public, can result in being arrested. Criminal actions can result in a felony charge which could prevent a person from being employed. A felony is a serious crime that carries penalty of at least one year of imprisonment.
1.04 Understand legal and ethical issues

Health care professionals legal obligations -Civil

Law-

1.04 Understand legal and ethical issues

Civil Law

Torts

1.04 Understand legal and ethical issues

Health care professionals legal obligations -Civil LawInvolves disputes between people or organizations and protection of peoples rights.

1.04 Understand legal and ethical issues

Civil Law -TortsWrongful acts, not involving a contract, that result in physical injury, property damages, or damages to a persons reputation for which the injured person is entitled to compensation for damages done.

1.04 Understand legal and ethical issues

Reasonable Care

Is a legal obligation of health care workers to provide care according to the standards of practice expected within their community for health care professionals. Ex. all physical therapists follow the same guidelines for ROM exercises

1.04 Understand legal and ethical issues

Civil Law -Torts-

Physical Abuse

Depriving of food, water Forcing person against their will Hitting Not providing physical care Restraining movements
1.04 Understand legal and ethical issues

Civil Law -Torts-

Sexual Abuse

Any unwanted sexual touching or act

1.04 Understand legal and ethical issues

Civil Law -Torts-

Verbal Abuse

Intimidating a person Ridiculing Swearing Shouting Talking harshly Teasing


1.04 Understand legal and ethical issues

Civil Law -TortsDefamation of Character

A statement that causes injury to a persons reputation

Libel Slander

Libel

Slander
1.04 Understand legal and ethical issues

Civil Law -Torts-

Defamation of Character
Libel
Untrue written statements that cause injury to a persons reputation

1.04 Understand legal and ethical issues

Civil Law -Torts-

Defamation of Character
Slander
Untrue spoken statements that cause injury to a persons reputation

1.04 Understand legal and ethical issues

Civil Law -Torts-

False Imprisonment

A person is confined or retained against his/her will


1.04 Understand legal and ethical issues

Civil Law -Torts-

Invasion of Privacy
Make personal information public without the consent of the patient Unnecessary physical exposure of a patient

1.04 Understand legal and ethical issues

Civil Law -Torts-

Malpractice

Providing bad care, resulting in injury. Act of Commission

1.04 Understand legal and ethical issues

Civil Law -Torts-

Negligence

Failure to provide care that is normally expected, resulting injury to the patient.

Act of Omission

1.04 Understand legal and ethical issues

Defamation of Character

Malpractice

False Imprisonment

Negligence

Torts

Invasion of Privacy

Sexual Abuse Physical Abuse

Verbal Abuse

1.04 Understand legal and ethical issues

Health care professionals legal obligations -Civil Law Involves relationships between people Torts as reviewed

1.04 Understand legal and ethical issues

Health care professionals legal obligations -Contracts

Knowledge of contracts

Elements Types Legal disabilities

1.04 Understand legal and ethical issues

Health care professionals legal obligations -Contracts

Agreement between two or more people. Enforceable by law.

1.04 Understand legal and ethical issues

Elements of a Contract

1.04 Understand legal and ethical issues

Elements of a Contract -Offer

Competent individual enters into a relationship with a health care provider and offers to be a patient

1.04 Understand legal and ethical issues

Elements of a Contract -Acceptance-

Health care provider gives an appointment, examines, or treats the patient.


1.04 Understand legal and ethical issues

Elements of a Contract -Consideration

Payment is made by the patient for the services received

1.04 Understand legal and ethical issues

Types of Contracts

Implied contracts non-verbal agreement of understanding Expressed contracts state the terms of the agreement in distinct and clear language, either oral or written

1.04 Understand legal and ethical issues

Elements of a Contract
Offer Acceptance Consideration

Types of Contracts Implied


1.04 Understand legal and ethical issues

Expressed
(oral or written)

Contracts

Legal Disability
Individual who can not legally enter into a contract

1.04 Understand legal and ethical issues

Contracts Legal Disability

Minors - younger than 18 years of age unless married Mentally incompetent Under the influence of drugs/alcohol Semi-conscious/unconscious
1.04 Understand legal and ethical issues

Health Care Contract -Informed Consent

The patient or their health care power of attorney gives written permission for a treatment or procedure, based on a clear understanding of desired outcomes and possible complications. Informed consent is an essential component of a health care contract.

1.04 Understand legal and ethical issues

Patient Rights Legislation

Patients Bill of Rights

The Health Care Consumer Consumer Bill of Rights Consumer Responsibilities

Omnibus Budget Reconciliation Act Patient Self-Determination Act Health Insurance Portability and Accountability Act (HIPAA)
1.04 Understand legal and ethical issues

Patient Rights Legislation


Patients Bill of Rights (1973, revised 1992)

Statement of rights that patients are entitled to while in the care of a physician or in the hospital Includes:

Choice of providers Confidentiality Information disclosure Participation in treatment decisions Respect


1.04 Understand legal and ethical issues

Patient Rights Legislation


The Health Care Consumer March 1998, the Advisory Commission on Consumer Protection and Quality in the Health Care Industry outlined the Consumer Bill of Rights and Responsibilities. Purpose

Build consumer confidence Support the health care provider and patient-provider relationship Emphasize the role of the consumer with regard to health improvement
1.04 Understand legal and ethical issues

Patient Rights Legislation

Consumer Bill of Rights


Information disclosure Choice of providers Access to emergency services Participation in treatment decisions Respect and nondiscrimination Confidentiality of health information Complaints and appeals
1.04 Understand legal and ethical issues

Patient Rights Legislation

Consumer Responsibilities

Healthy habits Participate in health care decisions Communicate relevant information to health care provider Avoid knowingly spreading disease Recognize the risks and limits of medical care Know about health care insurance plan Show respect Make effort to pay your bills Report fraud or wrongdoing
1.04 Understand legal and ethical issues

Patient Rights Legislation

The Health Care Consumer Bill of Rights is used to develop health care insurance plans. The Health Care Consumer must be familiar with their rights and responsibilities.

1.04 Understand legal and ethical issues

Patient Rights Legislation


Omnibus Budget Reconciliation Act

(1987)

Regulates long term care and home health Requires nurse aide training/certification for nursing and geriatric assistants States specific skills to be mastered Requires continuing education, and work evaluations Requires retraining and/or testing if unemployed for 2 or more years Limits use of restraints

1.04 Understand legal and ethical issues

Patient Rights Legislation


Nursing Home Reform Act (1990)

Patient must be fully evaluated upon admission to a nursing home


Health Memories Habits Hobbies

A plan of care must be written and maintained Must have annual re-evaluation
1.04 Understand legal and ethical issues

Patient Rights Legislation


Patient Self-Determination Act (1990) Health care agency receiving Federal Aid must inform a patient about advanced directives at the time of admission Health care agency must provide education for staff

1.04 Understand legal and ethical issues

Patient Rights Legislation


Health Insurance Portability and Accountability Act (HIPAA) (1996) Protects the individual medical information of a patient and includes:

Name Address Diagnosis billing information

Provides for security of that information


1.04 Understand legal and ethical issues

Patient Rights Legislation


Health Insurance Portability and Accountability Act (HIPAA)

Gives patient more control over their health information Sets boundaries on the use and release of health records Establishes safeguards to protect records Punishes violators Enables patients to make choices Gives patients the right to obtain a copy of their records
1.04 Understand legal and ethical issues

Patient Rights Legislation


Health Insurance Portability and Accountability Act (HIPAA)

Permits release of information needed to protect public health

Prevent disease Protect from injury or disability


1.04 Understand legal and ethical issues

Patient Rights Legislation


Health Insurance Portability and Accountability Act (HIPAA) Exempt information:

Births Deaths Injuries caused by violence Communicable diseases Sexually transmitted diseases
1.04 Understand legal and ethical issues

Patient Rights Legislation

Patients Bill of Rights

The Health Care Consumer Consumer Bill of Rights Consumer Responsibilities

Omnibus Budget Reconciliation Act Patient Self-Determination Act Health Insurance Portability and Accountability Act (HIPAA)
1.04 Understand legal and ethical issues

Health care professionals ethical obligations


Ethics Standard of conduct or code of behavior for a person or group of people Involves:

Personal values Professional standards expected of a health care professional Organizational standards expected of an employee
1.04 Understand legal and ethical issues

Aspects of Ethics
Ability to determine right from wrong Commitment to do what is right

1.04 Understand legal and ethical issues

Personal Ethics
Ethical Foundations: Personal values

Dependable Honest Responsible Trustworthy


1.04 Understand legal and ethical issues

Professional Ethics
Code of Ethics

Specific for each health care career Two components


1. Principles of Ethics

Standards of exemplary professional behavior for all members of the association Mandatory, direct standards of minimally acceptable professional conduct

2. Rules of Ethics

1.04 Understand legal and ethical issues

Organizational Ethics

Moral values that guide the way corporations make decisions Governed by

Legislation/laws Professional codes Individual values

Never compromise your ability to perform in the best interest of the organization
1.04 Understand legal and ethical issues

Health care professionals ethical obligations


Recognize Illegal and Unethical Behavior Report any event that has adverse affects on the health, safety or welfare of any person within the health care agency Health care professional must

Obey the law Follow code of ethics for his/her job description Treat everyone with respect
1.04 Understand legal and ethical issues

Health care professionals ethical obligations


Report Illegal and Unethical Behavior Ensures health, safety and welfare of any person within the health care agency

Follow employee handbook for reporting procedures Consult manager/supervisor Contact human resources supervisor
1.04 Understand legal and ethical issues

1.04 Understand legal and ethical issues in health care

THE END