LEGAL AND ETHICAL
RESPONSIBILITIES IN
HEALTH CARE
Legal Responsibilities
• Civil Law
• Legal relationships
between people and the
protection of a persons
rights
• Torts- wrongful acts that
do not involve contracts
• Health care mainly
affected by civil law:
both contracual and torts
• Criminal Law
• Wrongs against a
person, property or
society
• Examples of criminal
law in health carepracticing without
license, use of
narcotics, theft,
murder
Torts
• Malpractice- “bad practice”
• Negligence- failure to give care that is normally
expected
• Assault-threat or attempt to injure
• Battery-unlawful touching of another person
without their consent
• Invasion of Privacy- includes unneccessary
exposure of an individual or revealing personal
information
Torts (cont.)
• False imprisonment-Restraining an
individual or restricting their freedom.
• Abuse-Any care that results in physical pain
or mental anguish
Forms of Abuse
• Physical- hitting, restraining, depriving of
food water or physical needs
• Verbal- can be spoken or written –
swearing, shouting, ethnic slurs
• Psychological-threatening harm, denying
rights, intimidating, belittling
• Sexual touching, gestures, or suggestions
that are unwanted
Torts (cont.)
• Defammation- false statements which cause
a person to be ridiculed or ruin their
reputation
• 1) Slander-spoken
• 2) Libel-written
Informed Consent
• Permission granted voluntarily by a person
who is sound of mind after the procedure
and all risks involved have been explained
in terms the person can understand.
Contracts
• Expressed Contracts
• Stated in distinct and
clear language either
orally or in writing.
• Implied Contracts
• Obligations
understood without
verbally expressed
terms
• Ex. Surgical permit
• Ex. Giving
medication to a patient
Legal Disability
• A person who does not have the legal
capacity to form a contract.
• Minors
• Mentally incompetent individuals
• Someone under the influence of drugs
• Someone who does not understand the
language
• EMPLOYER
• EMPLOYEE
• Principle
• Agent
Privileged Communications
All information given to health care personnel by a
patient
• Must be kept confidential and shared only by
members of patient’s health care team
• Must receive written release to give information to
others (exceptions: births and deaths, injuries
caused by violence, drug abuse, communicable
diseases and sexually transmitted diseases.
Health Care Records
•
•
•
•
An example of privileged communications
Patient may obtain a copy
Can be used as legal records
Errors crossed out with a single line and
initialed, and dated
• Must be kept for amount of time required
by law then burned or shredded
Ethics
• Set of principals relating to what is morally
right or wrong.
• Provide a standard of conduct or code of
behavior.
• Issues: Euthansia, Stem Cell Research,
marijuana legalization, animal in research,
denying treatment on religious grounds etc..
Confidentiality
• Information about the patient must remain
private and can be shared only with other
members of the patient’s health care team.
Patients Rights
• Patient’s Bill of Rights by AHA
• Considerate respectful care
• Obtain complete current info about
diagnosis etc…
• Receive info to give informed consent
• Have advanced directives- can refuse
treatment
Patients’ Rights
• Privacy
• Confidentialty
• Reasonable response to a request for
services
• Receive info about relationships between
doctors and medical facilities etc…
• Be informed of right to refuse being
involved in research
Patients’ Rights
• Reasonable continuity of care
• Right to review medical records and
examine bills
• Be informed of hospital rules, regulations,
and resources to settle greivances
Advanced Directives
• Living Wills- Documents that allow
individuals to state what measures should or
should not be taken to prolong life when
their conditions are terminal
• Durable Power of Attorney- Document
which allows another individual to make
their medical decisions for them if they
become unable to
Advanced Directives
• Patient Self-Determination Act
• Inform every adult verbally and in writing
of their right to make decisions about their
care including right to refuse treatment and
right to die
• Document advance directiveson patient’s
record
Professional Standards
• Only perform procedures you have been
trained and are legally permitted to do.
• Use only approved, correct procedures
• Obtain proper authorization before
performing any procedure
• Identify patient and receive their consent
before performing procedure
Professional Standards
•
•
•
•
•
•
Observe all Safety Precautions
Keep all information confidential
Think before you speak
Treat all patients equally
Accept no tips or bribes
If any mistakes or errors occur report them
immediately to your supervisor
• Behave professionally in dress, language, manners
and actions