Legal and Ethical Issues in Legal and Ethical Issues in Health CareHealth Care

Legally Speaking…Legally Speaking…

• Malpractice: “professional negligence”• Defined as: failure of a professional to

use the degree of skill and learning commonly expected in that individuals profession.

• Example: nurse performing minor surgery without training.

Negligence:Negligence:• Defined: failure to give care that is

normally expected of a person in a particular position, resulting in injury to another person.

• Example: Falls, using defective equipment, infections as a result of nonsterile instruments or equipment, burns caused by improper use of heat or radiation treatments

Assault & BatteryAssault & Battery• Assault: a threat or attempt to

injure.• Battery: unlawful touching of

another person without consent.

Informed ConsentInformed Consent• Written consent• For procedures such as surgery,

diagnostic tests, experimental procedures, treatment of minors,

• Defined as: permission granted voluntarily by a person of sound mind, after the procedure and all risks have been explained in terms the person can understand.

Invasion of PrivacyInvasion of Privacy• unnecessarily exposing an

individual• revealing personal information

about an individual without the person’s consent.

False ImprisonmentFalse Imprisonment• Restraining an individual• Restricting an individual’s freedom• Examples: keeping a person

hospitalized against their will• Applying physical restraints without

proper authorization or justification.

AbuseAbuse• Any care that results in physical harm,

pain, or mental anguish.• Examples: denial of rights,

mistreatment, deprivation of services, mental intimidation, and unnecessary restraint.

DefamationDefamation• 2 types: Slander and Libel• Slander: spoken false statements that

cause a person’s reputation to be damaged.

• Libel: written false statements that cause a person’s reputation to be damaged

Legal DisabilitiesLegal Disabilities• One who does not have the legal

capacity to form a contract.• Ex: a minor, mentally incompetent,

persons under the influence of drugs that alter the mental state, semiconscious, or unconscious

• Parents, guardians, or others permitted by law must form the contract for the individual

Privileged CommunicationsPrivileged Communications• All information given to health care

personnel by a patient.• KEPT CONFIDENTIAL!!!!• Can’t be told to anyone else without the

written consent of the person. • Certain info is exempt by law and must

be reported: births, deaths, injuries caused by violence, drug abuse, communicable diseases, and STD’s.

Privileged CommunicationsPrivileged Communications• Health Care Records : belong to the

facility, the patient has the right to obtain a copy.

• Can be used as legal records in courts of law

• ERASURES are not permitted on records. Mark with a single line, correct, initial and date.