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Legal and Ethical Responsibilities
Chapter 4 Intro HST
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Legal Responsibilities – Unit 1
• Authorized or based on law • Created and enforced by federal,
state, & local government • Failure to meet legal responsibilities =
legal actions • Two types
• Criminal law • Civil law
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CRIMINAL LAW • Criminal law protects all citizens from people who pose a threat
to society.
• Criminal law includes minor to serious offenses.
• These offenses may result in the following punishments: ▫ Community service ▫ Fines ▫ Loss of license ▫ Probation ▫ Imprisonment ▫ Execution
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CIVIL LAW
• Civil law focuses on disputes between people.
• When a civil law is broken, the person who claims harm, or plaintiff, brings charges against the alleged offender, or defendant.
• Two types of civil laws are torts and contracts.
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Tort ~ wrongful act; Ø involve a contract • Examples:
• Malpractice • Negligence • Assault &
battery • Invasion of
privacy
• False imprisonment
• Abuse • Defamation
• Slander • Libel
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Contracts • 3 Parts
• Offer • Acceptance • Consideration
• Implied vs. expressed
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IMPLIED VS. EXPRESSED
IMPLIED • An implied contract is
an agreement that is understood without being stated in words or writing.
EXPRESSED • An expressed contract
is an agreement that is specifically and clearly stated.
• The agreement may be made either in words or writing.
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LEGAL DISABILITY
• Legal disability • Minors • Mentally incompetent • Under influence of drugs • Semiconscious or unconscious
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• Breach of contract • Contract not performed according to
agreement • Can lead to legal action
• ASSISTANCE: • Translator: may be needed to assist
patients with a language barrier • Agent
• Works under direction of another person
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INFORMED CONSENT • Many health care procedures and tests require informed
consent.
• Informed consent has two parts: ▫ A clear explanation of a procedure or test ▫ The permission given to perform the procedure or test by a
competent and voluntary patient
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Privileged Communications
• All information given to HC personnel by pt
• CONFIDENTIAL ~ shared only with other members of health care team
• Must have written consent to share information with others: HIPAA • What is to be released • To whom the information can be released • Time limits
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• Exempt by law: • Births & deaths • Injuries caused by violence • Drug abuse • Communicable diseases • STD’s
• Guidelines for HC records • Ø erasers or white out • Cross out info with single line, insert correct
info, initial & date • Keep secure • After legal time for holding, destroy properly
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• Privacy Act • Health Insurance Portability and Accountability
Act (HIPAA) – 1996 • Privacy Rules – 2003
• Federal standards • Pt able to see and obtain records • Receive info about how records used • Set limits on how info used • Right to state who has access to info • Complaints
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FOUR MAIN PURPOSES OF HIPAA
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Ethics – Unit 2
• Set of principles relating to what is morally right or wrong
• Modern health care = ethical dilemmas • Euthanasia • Abortion • Organ donation • Medical marijuana • Animal testing • Cloning • Stem-cell research
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• Ethical code of conduct (general) • Promote health • Keep pt as comfortable as possible • Preserve life when possible • Respect pt choice to die • Treat all pt equally, regardless of… • Provide care to best of your ability • Maintain competent level of skill • Maintain confidentiality • Show loyalty to pt, co-workers, and employers • Be sincere, honest, & caring
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Patient Rights – Unit 3
• Required by federal & state law • American Hospital Association
1 - considerate & respectful care 2 - obtain info RE: dx, tx, px 3 - receive info to give informed consent
prior to treatment 4 - advance directives 5 - consideration of privacy
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6 - confidential records 7 - reasonable response to request for services 8 - receive info related to business or
educational connection with facility 9 - refuse to participate in any research project 10 - reasonable continuity of care 11 - review medical records, receive
explanation of charges 12 - informed of hospital rules, policies, and/or regulations
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Advance Directives for Health Care – Unit 4
• Legal documents ~ ensure the right to accept or refuse medical care
• Living will • for or against extraordinary measures that could
prolong life • Often = DNR
• Durable Power of Attorney (POA) for health care • Allows an authorized person to make health
care decisions
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PATIENT SELF DETERMINATION ACT
• Health care providers must: ▫ Tell adult patients of their rights to make decisions regarding their health
care and to have advance directives ▫ Assist in preparing advance directives ▫ Document patients’ decisions regarding health care and any advance
directives in their medical record ▫ Implement patients’ decisions regarding health care and any advance
directives ▫ Never discriminate against patients based on whether or not they have
advance directives ▫ Educate staff and the community on advance directives
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Professional Standards – Unit 5 • Perform only procedures you have been trained
and legally permitted to do • Use proper technique for all procedures • Obtain consent • Correctly identify pt • Observe safety precautions • Maintain confidentiality • Think before you speak • Treat all pt equally • Do not accept tips or bribes • Report mistakes promptly • Maintain professionalism
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LIABILITY • Liability refers to being legally responsible for causing harm. • Personal liability refers to health care workers being
responsible for causing harm. • Supervisory liability refers to supervisors of health care
workers being responsible for workers causing harm. • Employer liability refers to employers of health care workers
being responsible for workers causing harm.
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REDUCING LIABILITY
• Follow policies and procedures
• Keep proper documentation
• File event reports and keep anecdotal records: personal account of events
• Use problem solving skills
• Apply risk management