Chapter 5
Legal and Ethical
Responsibilities
© 2009 Delmar, Cengage Learning
5:1 Legal Responsibilities
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Introduction
Criminal law
Civil law
Tort
Malpractice
Negligence
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© 2009 Delmar, Cengage Learning
Legal Responsibilities
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Assault and battery
Invasion of privacy
False imprisonment
Abuse
Defamation
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© 2009 Delmar, Cengage Learning
Legal Responsibilities
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• Contract; an agreement between two or
more parties
• Components of contract
– Offer
– Acceptance
– Consideration
• Implied or expressed
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Legal Responsibilities
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Legal disability
Breach of contract
Non-English speaking party
Agent
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Legal Responsibilities
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• Privileged communications; confidential
information from a patient
• Health care records
• Privacy Act: HIPAA
• Authorization to release health information
© 2009 Delmar, Cengage Learning
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
© 2009 Delmar, Cengage Learning
5:2 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
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Ethical Dilemmas
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Frequently created by modern medicine
Euthanasia
Confidentiality of AIDS diagnosis
Aborted fetuses and research
Continuing life support
Expensive treatments and payment
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© 2009 Delmar, Cengage Learning
Ethical Dilemmas
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Transplant decisions
Legal issues and marijuana
Animals and research
Genetic research
Cloning
Stem cell research
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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
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© 2009 Delmar, Cengage Learning
Basic Rules of Ethics
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• 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
© 2009 Delmar, Cengage Learning
Summary
• 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
© 2009 Delmar, Cengage Learning
5:3 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
© 2009 Delmar, Cengage Learning
5:4 Advance Directives for Health Care
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Also known as legal directives
Purpose
Legal document
Two main directives
– Living wills
– Durable Power of Attorney (POA)
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© 2009 Delmar, Cengage Learning
Advance Directives for Health Care
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• 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
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Summary
• 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
© 2009 Delmar, Cengage Learning
5:5 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
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© 2009 Delmar, Cengage Learning
Professional Standards
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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
(continues)
© 2009 Delmar, Cengage Learning
Professional Standards
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• 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
© 2009 Delmar, Cengage Learning
Summary
• 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
(continues)
© 2009 Delmar, Cengage Learning
Summary
(continued)
• Follow basic standards listed
• Protect yourself, your employer, and your
patient for whom you provide all the
necessary health care
© 2009 Delmar, Cengage Learning