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Unit 4 Legal and Ethical Responsibilities
4:1 Legal Responsibilities
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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IntroductionCivil lawsCriminal lawsTortsMalpracticeNegligence
Legal Responsibilities (continued)
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Assault and batteryInvasion of privacyFalse imprisonmentAbuseDefamationPrivileged communicationsHealth care records
Contracts
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Agreement between two or more partiesComponents of contract
Offer Acceptance Consideration
Implied or expressed
Contracts (continued)
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Legal disabilityBreach of contractNon-English speaking partyAgent
Summary
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Important aspect of health careAll states have set rules and regulationsMost health care agencies have specific
rules, regulations, and standardsStandards vary from state to state and
agency to agencyHealth care worker must know all legalities
of what is expected of them
4:2 Ethics
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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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
Ethical Dilemmas
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Frequently created by modern medicineEuthanasiaConfidentiality of AIDS diagnosisAborted fetuses and researchContinuing life supportExpensive treatments and payment
Ethical Dilemmas (continued)
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Transplant decisionsLegal issues and marijuanaAnimals and researchGenetic researchCloningStem cell research
Basic Rules of Ethics
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Save lives and promote healthPatient comfortRespect the patient’s right to die peacefully
and with dignityTreat all patients equallyProvide the best care possible
Basic Rules of Ethics (continued)
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Maintain competent skills and knowledgeMaintain confidentialityRefrain from immoral, unethical, and
illegal practicesShow loyalty to patients, co-workers,
and employersBe sincere, honest, and caring
Summary
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Study the code of ethics for the occupation you enter
Abide by the codeBecome a competent and ethical health care
workerEarns you the respect and confidence of
patients, co-workers, and employers
4:3 Patients’ Rights
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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
4:4 Advance Directives for Health Care
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Also known as legal directivesPurposeLegal documentTwo main directives
Living wills Durable Power of Attorney (POA)
Advance Directives for Health Care (continued)
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Patient Self-Determination Act (PSDA)Health care workers must be aware of the act
and honor itHealth care workers should give serious
consideration to preparing their own advance directives
Summary
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Agencies, states, and organizations have created statements on patient’s rights
By observing 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
4:5 Professional Standards
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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
Professional Standards (continued)
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Identify the patient and obtain their consent before performing any procedures
Observe all safety precautionsKeep all information confidentialThink before you speak and watch everything
you sayTreat all patients equally
Professional Standards (continued)
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Accept no tips or bribes for care you provide
If an error occurs or you make a mistake, report it immediately to your supervisor
Behave professionally in dress, language, manners, and actions
Always carry liability insurance
Summary
Copyright © 2004 by Thomson Delmar Learning. ALL RIGHTS RESERVED.
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Know the legal and ethical implications for your particular health career
Ask questions or request written policiesContact state board of health or education to
obtain regulations and guidelinesFollow the basic standards listedProtect yourself, your employer, and your
patient for whom you provide health care