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Unit F Unit F Legal And Ethical Legal And Ethical Perspectives Perspectives

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Page 1: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Unit FUnit F

Legal And Ethical PerspectivesLegal And Ethical Perspectives

Page 2: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

MalpracticeMalpractice

Any bad practice that is given by any Any bad practice that is given by any health care provider to a patient.health care provider to a patient.

Page 3: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

NegligenceNegligence

An example would be if a nurse forgets to An example would be if a nurse forgets to put the side rails up on the bed and the put the side rails up on the bed and the patient falls out of bed.patient falls out of bed.

Page 4: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Assault and BatteryAssault and Battery

An example of Assault would be a threat An example of Assault would be a threat or an attempt to injure a patient.or an attempt to injure a patient.

An example of Battery would be when a An example of Battery would be when a nurse is helping a patient walk and jerks nurse is helping a patient walk and jerks the patients arm causing a bruise.the patients arm causing a bruise.

Page 5: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Informed ConsentInformed Consent

Is permission granted voluntarily by a Is permission granted voluntarily by a person who is of sound mind after the person who is of sound mind after the procedure has been explained in terms procedure has been explained in terms that he/she can understand.that he/she can understand.

Page 6: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Invasion of PrivacyInvasion of Privacy

Unnecessarily exposing an individualUnnecessarily exposing an individual

Page 7: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

False ImprisonmentFalse Imprisonment

Keeping someone in the hospital against Keeping someone in the hospital against his/her own will.his/her own will.

Page 8: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

AbuseAbuse

Any form of hitting , forcing people against Any form of hitting , forcing people against his/her will. But it could also be verbal his/her will. But it could also be verbal such as speaking harshly and swearing, such as speaking harshly and swearing, and shouting at a patient.and shouting at a patient.

Page 9: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

DefamationDefamation

If a health care worker makes false If a health care worker makes false statements about a patient that cause the statements about a patient that cause the patient to be damaged or ridiculed.patient to be damaged or ridiculed.

Page 10: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

SlanderSlander

When someone says something about When someone says something about another person that is not true and another person that is not true and damages the victim’s reputation.damages the victim’s reputation.

Page 11: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

LibelLibel

If a laboratory technician sends an e-mails If a laboratory technician sends an e-mails to co-workers saying that a particular to co-workers saying that a particular physician is careless and killed a patient.physician is careless and killed a patient.

Page 12: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Written ConsentWritten Consent

Is written permission granted by a person Is written permission granted by a person who in sound of mind after the procedure who in sound of mind after the procedure has been explained to the point that the has been explained to the point that the patient understands what is going to take patient understands what is going to take place during that certain procedure.place during that certain procedure.

Page 13: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!!!Test Time!!!!!!

1. Mrs. Johannson, a hospital patient, 1. Mrs. Johannson, a hospital patient, asked her nurse for medication to relieve asked her nurse for medication to relieve her shoulder pain. After waiting 30 her shoulder pain. After waiting 30 minutes, Mrs. J ohannson asked again, minutes, Mrs. J ohannson asked again, but it was 2 hours before the medication but it was 2 hours before the medication was given. Her nurse has violated a:was given. Her nurse has violated a:

Patient’s right to have a reasonable Patient’s right to have a reasonable response to a request for service.response to a request for service.

Page 14: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!!!Test Time!!!!!!

Mr. Townsend is receiving hospice care Mr. Townsend is receiving hospice care for a terminal illness. He wants to make for a terminal illness. He wants to make sure his daughter is sure his daughter is allowed to make any decisions regarding allowed to make any decisions regarding his care should he become unable to do his care should he become unable to do so. What document would permit his so. What document would permit his daughter to do this?daughter to do this?

Durable Power of attorney Durable Power of attorney

Page 15: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!Test Time!!!!

1.1. A three-year-old car accident victim is A three-year-old car accident victim is brought to the emergency room in critical brought to the emergency room in critical condition. Her doctors tell the parents condition. Her doctors tell the parents that in order to save the child’s life, she that in order to save the child’s life, she must receive several blood transfusions. must receive several blood transfusions. Her parents refuse to give any Her parents refuse to give any permission citing religious reasons. This permission citing religious reasons. This is an example of what?is an example of what?

Ethical dilemmaEthical dilemma

Page 16: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

Mrs. Thompson is in the hospital for Mrs. Thompson is in the hospital for treatment of her pneumonia. Of the treatment of her pneumonia. Of the following people under normal following people under normal circumstances, who is entitled to review circumstances, who is entitled to review her confidential information?her confidential information?

Mrs. Thompson’s nurseMrs. Thompson’s nurse

Page 17: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

Mr. Smithson is scheduled to have hip Mr. Smithson is scheduled to have hip replacement surgery and needs to sign a replacement surgery and needs to sign a surgical permit. This permit is an example surgical permit. This permit is an example of a what?of a what?

Expressed contract Expressed contract 

Page 18: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

Which individual may Which individual may NOT NOT make an offer make an offer as part of a contract?as part of a contract?

  Fifth grade studentFifth grade student

Page 19: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

A nursing assistance could be charged A nursing assistance could be charged negligence if a patient is what?negligence if a patient is what?

Burned by bath water that is too hot.Burned by bath water that is too hot.

Page 20: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!!Test Time!!!!!

1.1. Usually, in dealing with ethical dilemmas Usually, in dealing with ethical dilemmas in health care, an employee of hospitals in health care, an employee of hospitals and other medical facilities must do and other medical facilities must do what?what?

Follow organizational and professional Follow organizational and professional codes, policies and protocols.codes, policies and protocols.

Page 21: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!Test Time!!!!

1.1. An x-ray technician arrives in a patient’s An x-ray technician arrives in a patient’s hospital room to do a portable chest x-hospital room to do a portable chest x-ray. According to professional standards, ray. According to professional standards, what is the correct way to identify the what is the correct way to identify the patient?patient?

Check the identification band and state Check the identification band and state the patient’s name clearly.the patient’s name clearly.

Page 22: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!Test Time!!!!

1.1. By law, where can a hospital patient find By law, where can a hospital patient find help in preparing advance directives? help in preparing advance directives?

The hospital is required to provide The hospital is required to provide information and assistanceinformation and assistance

Page 23: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!!Test Time!!!!!

1.1. At the local nursing home, Thomas joins At the local nursing home, Thomas joins his fellow employees in mandatory his fellow employees in mandatory training about the medical and legal training about the medical and legal issues of advance directives. By issues of advance directives. By providing this education to its employees providing this education to its employees the nursing home is complying with the nursing home is complying with what?what?

Federal law PSDA of 1990Federal law PSDA of 1990

Page 24: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!!Test Time!!!!!

1.1. Mr. Todd complains that he did not give Mr. Todd complains that he did not give informed consent for surgery. What informed consent for surgery. What BEST BEST describes what might have describes what might have happened to Mr. Todd?happened to Mr. Todd?

He signed the consent form after taking a He signed the consent form after taking a sleeping pill.sleeping pill.

Page 25: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

1.1. According to professional standards, if a According to professional standards, if a patient refuses to allow a health care patient refuses to allow a health care worker to perform a procedure, what worker to perform a procedure, what should be done first?should be done first?

Report all errors and mistakes immediately Report all errors and mistakes immediately to the supervisor.to the supervisor.

Page 26: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

1.1. According to professional standards, how According to professional standards, how should medical errors be handled?should medical errors be handled?

Report all errors and mistakes Report all errors and mistakes immediately to the supervisor. immediately to the supervisor.

Page 27: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

1.1. Which is an example of defamation?Which is an example of defamation? An EMT incorrectly assumes an accident An EMT incorrectly assumes an accident

victim is drunk and reports it to the victim is drunk and reports it to the media.media.

Page 28: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

1.1. Why should a health care worker adhere Why should a health care worker adhere to legal responsibilities, ethics and to legal responsibilities, ethics and patients’ rights?patients’ rights?

. These standards protect the employee, . These standards protect the employee, the employer and the patient.the employer and the patient.

Page 29: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!Test Time!!!!

Mr. Townsend, a terminal cancer patient, Mr. Townsend, a terminal cancer patient, has a “DNR” order on his chart. What has a “DNR” order on his chart. What legal document would indicate that this is legal document would indicate that this is Mr. Townsend’s request?Mr. Townsend’s request?

His living willHis living will

13. His living will

Page 30: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

1.1. Which situation violates an ethical code?Which situation violates an ethical code? Gossiping about a patient in one’s care Gossiping about a patient in one’s care

Page 31: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!Test Time!!!!

A nurse slaps the hand of a pediatric A nurse slaps the hand of a pediatric patient who keeps pulling at the tape on patient who keeps pulling at the tape on his/her bandage, causing the child to cry his/her bandage, causing the child to cry and be afraid of the nurse. The nurse and be afraid of the nurse. The nurse would be what?would be what?

Guilty of physical abuse.Guilty of physical abuse.

Page 32: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!!Test Time!!!!!

Kathy is a hospitalized movie star. A Kathy is a hospitalized movie star. A nursing assistance takes her picture nursing assistance takes her picture without permission and sells it to a local without permission and sells it to a local newspaper. The nursing assistant could newspaper. The nursing assistant could be guilty of what?be guilty of what?

Invasion of privacy.Invasion of privacy.

Page 33: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

While being bathed, Mrs. George’s While being bathed, Mrs. George’s clothes and blankets were removed and clothes and blankets were removed and her hospital room door was left open. her hospital room door was left open. Mrs. George’s caregiver could be guilty Mrs. George’s caregiver could be guilty of what?of what?

. Invasion of privacy.. Invasion of privacy.

Page 34: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

Steve is found guilty of assault. What did Steve is found guilty of assault. What did he do?he do?

Threatened to hit a patient if he/she didn’t Threatened to hit a patient if he/she didn’t cooperate. cooperate. 

Page 35: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

Andy was tired of putting a patient back in Andy was tired of putting a patient back in bed multiple times each night so he put a bed multiple times each night so he put a vest restraint on the patient without a vest restraint on the patient without a physician’s order. Andy could be found physician’s order. Andy could be found guilty of what?guilty of what?

  False imprisonmentFalse imprisonment

Page 36: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

A surgeon accidentally cuts his patient’s A surgeon accidentally cuts his patient’s bladder while attempting to remove the bladder while attempting to remove the appendix. The surgeon could be guilty of appendix. The surgeon could be guilty of what?what?

  MalpracticeMalpractice

Page 37: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

A physical therapist would be guilty of A physical therapist would be guilty of negligence if he/she did what?negligence if he/she did what?

  Left a hot pack in place too long and Left a hot pack in place too long and burned the patient.burned the patient.

Page 38: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

Lakesha is in the hospital and could sue Lakesha is in the hospital and could sue the hospital for false imprisonment if the the hospital for false imprisonment if the nurse did what?nurse did what?

  Keep her in the hospital against her will.Keep her in the hospital against her will.

Page 39: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!!Test Time!!!!

An EMT approaches an accident victim. An EMT approaches an accident victim. The victim says, “Don’t touch me!” The The victim says, “Don’t touch me!” The EMT says, you need help, but the victim EMT says, you need help, but the victim replies NO! don’t touch me. If the EMT replies NO! don’t touch me. If the EMT takes the victim by the arm and forces the takes the victim by the arm and forces the victim into the ambulance, the EMT could victim into the ambulance, the EMT could be guilty of:be guilty of:

BatteryBattery

Page 40: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

Mr. Ames has many family members that Mr. Ames has many family members that visit him in the hospital and are involved in visit him in the hospital and are involved in his care. Which family members can his care. Which family members can discuss Mr. Ames’ medical information discuss Mr. Ames’ medical information with the health care team?with the health care team?

Those given permissionThose given permission

Page 41: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

The federal legislation which requires the The federal legislation which requires the establishment of standards to protect establishment of standards to protect health information who?health information who?

HIPAAHIPAA

Page 42: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!Test Time!!

Patient care records and reports are which Patient care records and reports are which kind of communication?kind of communication?

PrivilegedPrivileged

Page 43: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

According to contract law, who is likely According to contract law, who is likely considered to be the principal in a dental considered to be the principal in a dental office?office?

  DentistDentist

Page 44: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!Test Time!!

What information is considered to be What information is considered to be exempt from privileged communications exempt from privileged communications laws?laws?

  Communicable diseasesCommunicable diseases

Page 45: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

To correct an error in a patient’s record To correct an error in a patient’s record you must do what?you must do what?

Cross out the error with a single lineCross out the error with a single line

Page 46: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

According to contract law, a nurse According to contract law, a nurse employed in a medical office is considered employed in a medical office is considered to be a what?to be a what?

AgentAgent

Page 47: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!!Test Time!!!

Which is an example of a breached Which is an example of a breached contract?contract?

The patient fails to pay his/her doctor’s billThe patient fails to pay his/her doctor’s bill

Page 48: Unit F Legal And Ethical Perspectives. Malpractice  Any bad practice that is given by any health care provider to a patient

Test Time!!Test Time!!

Healthcare employees who work to protect Healthcare employees who work to protect the interests of their employers are abiding the interests of their employers are abiding by what?by what?

Contract lawContract law