Legal and Ethical Responsibilities

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Bell Work 9/24/12
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Recall the three types of leadership we discussed
last week.
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When playing our game on Friday did you see any of
those leadership styles at work?
Please answer in one or two sentences.
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Keep this paper and turn in tomorrow.
Legal and Ethical
Responsibilities
Unit 4
4:1Legal Responsibilities
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In every aspect of life, there are certain laws
and legal responsibilities to protect you and
society
Civil laws – focuses on legal relationships
between people and protection of a person’s
rights. Healthcare is mainly affected by civil
law
Criminal laws – focuses on wrongs against a
person, property, or society
Torts
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Torts – is defined as a personal injury; or as "a
civil action other than a breach of contract."
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In healthcare a tort occurs when a person is harmed or
injured because a health care provider does not meet the
established or expected standards of care
Common torts
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Malpractice – professional negligence. The
failure of a professional to use the degree of
skill and learning commonly expected in that
profession
Negligence – failure to give care that is
normally expected of a person in a particular
position, resulting in injury to another person
Common Torts
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Assault and battery – Assault includes a
threat or attempt to injure, and battery
includes the unlawful touching of another
person without consent.
Invasion of privacy – Unnecessarily
exposing of an individual or revealing
personal information about an individual
without that person’s consent
Common Torts
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False imprisonment – refers to restraining an
individual or restricting an individual’s freedom
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Abuse – any care that results in physical harm,
pain, or mental anguish. Abuse can be physical,
verbal, psychological, and sexual
Common Torts
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Defamation – false statements either cause a
person to be ridiculed or damage the person’s
reputation
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Slander information that is spoken
Libel information that is written
Privileged Communications
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Information that must be kept confidential and
shared only with other members of the
patient’s health care team.
Consent should state what information can
be given and who it can be shared with.
Certain information is exempt by law and
must be reported. Births, death, injuries
caused by violence, drug abuse, STD’s,
communicable diseases, etc.
Privileged communications
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Health care records are also considered
privileged communications.
Patients have a right to their health care
records, but the records belong to the health
care provider.
Health records can be used as legal
documents.
Computerized records create a dilemma in
maintaining confidentiality.
Bell Work 9/25
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What are ethics?
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Why do we study ethics in this class?
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Also, if you had a choice would you rather debate
an issue or write a statement about an issue?
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Write this down on your paper too.
4:2 Ethics
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Set principles dealing with what is morally
right or wrong
Most sane people live by some code of ethics
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Society as a whole has a code of ethics
Criminals and gangs have a code of ethics
Personal code of ethics
Culture or religious codes of ethics
Heath care professional code
of ethics
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As a professional in the medical community
you must follow a very strict code of medical
ethics.
Despite personal values, organizational
values, religious values, cultural values, and
medical ethics, you can be faced with an
ethical dilemma that may cause you to
question or even break your on code of ethics
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
Ethical Dilemmas (continued)
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Transplant decisions
Legal issues and marijuana
Animals and research
Genetic research
Cloning
Stem cell research
Bell Work 9/27,28

On a piece of paper
write down your
favorite movie or book
on the slip of paper at
your desk.
Basic Rules of Ethics
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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
Basic Rules of Ethics (continued)
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Maintain competent skills and knowledge
Maintain confidentiality
Refrain from immoral, unethical, and
illegal practices
Show loyalty to patients, co-workers,
and employers
Be sincere, honest, and caring
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