Toddtcchs.ss8.sharpschool.com



Chapter 5 OutlineLegal and Ethical ResponsibilitiesLegal ResponsibilitiesIntroductionBeing aware of and following legal regulations is important for your own protection, the protection of your employer, and the safety and well-being of the patient.Legal responsibilities are those that are authorized or based on law. Laws are created and enforced by the federal, state, or local government.Health care professional are also required to know and follow the state laws that regulate their respective licenses or registrations or set standard for their respective professions. Failure can result in legal action against you and your employer.Two types:Criminal law – deals with the wrongs against a person, property, or society. (no medical license)Civil law – focuses on the legal relationships between people and the protection of a persons rights (torts and contracts)TortWrongful act that does not involve a contract. It is called a civil wrong instead of a crime. Occurs when a person is harmed or injured because a health care provider does not meet the established or expected standards of care.Malpractice – the failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession, resulting in injury. Loss, or damage to the person receiving care. (no tetanus)Negligence – failure to give care that is normally expected of a person in a particular position, resulting in injury to another person. (hospital fall)Assault – threat or attempt to injure (refuse consent)Battery – unlawful touching of another person without consentInformed consent – permission granted voluntarily by a person who is of sound mind after the procedure and all risks involved have been explained in terms the person can understand. A PERSON HAS THE RIGHT TO WITHDRAW CONSENT AT ANY TIME!Invasion of privacy – unnecessarily exposing an individual or revealing personal information about an individual without that person’s consent.False imprisonment – restraining an individual or restricting an individual’s freedom. Patients due have the right to leave hospital at any time (against medical advice)Abuse – any care that results in physical harm, pain, or mental anguish. Used to maintain power and control over another person. If it is against the law, it must be reported.Physical abuseVerbal abuseSexual abusePsychological abuseDefamation – occurs when false statements cause a person to be ridiculed or damage the person’s reputation.Slander – spokenLibel – written (letter)Contracts – agreement between two or more partiesThree partsOfferAcceptanceConsideration (payment)Implied contracts – those obligations that are understood without verbally expressed terms. (administer medication)Expressed contracts – stated in distinct and clear language, either orally or in writing. (surgery permit)Legal disability – does not have the legal capacity to form a contractMinorsMentally incompetent personsInfluence of mental altering drugsSemiconscious or unconscious personsIf the contract is not performed according to agreement, the contract is breached. (failure to provide, failure to pay)To comply with legal mandates, an interpreter must be used.Privileged Communications – all information given to health care personnel by a patient; by law, this information must be kept confidential and shared only with other members of the patient’s health care team. It cannot be told to anyone else without the WRITTEN consent of the patient.EXEMPT INFORMATION: births and deaths; injuries caused by violence (assault/battery, abuse, stabbings) that require police involvement; drug abuse; communicable diseases; and sexually transmitted diseases.Health care records are considered privileged communications.Although records belong to the health care provider, the patient has a right to obtain a copy of any information in the record.YOU CANNOT ERASE ANYTHING ON A MEDICAL RECORD. Errors should be crossed out with a single line so material is still readable. Correct information should be inserted, initialed, and puterized records have created a dilemma in maintaining confidentiality.Privacy Act Health Insurance Portability and Accountability Act (HIPAA 1996) – congress required the establishment of standards to protect health information. The result was published as the Privacy Rule (2003). These standards provide federal protection for privacy of health information in all states.HIPAA regulations in the Privacy Rule require every health care provider to inform patients about how their health information is used. Patients must sign a consent form ascertaining that they have received the information before any health care provider can use the health information for diagnosis, treatment, billing, insurance claims, or quality care assessments.Patients must also sign authorization for the release of any medical information.Other requirements:Able to see and obtain copies of their medical recordsGiven information by health care providers about how they use medical informationAllowed to set limits on how personal health information is usedPermitted to request that health care providers take reasonable care to keep communications confidentialGives the right to state who has access to their information, and even limit providing information to their familyProvided with information on how to file a complaint against a health care provider who violates the privacy actIT IS YOUR RESPONSIBILITY TO LEARN EXACTLY WHAT YOU ARE LEGALLY PERMITTED TO DO, AND TO FAMILIARIZE YOURSELF WITH YOUR EXACT RESPONSIBILITIES!!EthicsEthics are a set of principles relating to what is morally right or wrong. They provide a standard of conduct or code of behavior.Ethical Principles in medicinePut the saving of life and the promotion of health above all elseMake every effort to keep the patient as comfortable as possible and to preserve life whenever possibleRespect the patient’s choice to die peacefully and with dignity when all options have been discussed with the patient and family and /or predetermined by advance directivesTreat all patients equally, regardless of race, religion, social or economic status, sex, or nationalityProvide care for all individuals to the best of your abilityMaintain a competent level of skill consistent with your particular occupationStay informed and up to date, and pursue continuing education as necessary. Maintain confidentialityRefrain from immoral, unethical, and illegal practices. If you observe others taking part in illegal actions, report such actions to the proper authoritiesShow loyalty to patients, co-workers, and employersBe sincere, honest, and caring. Treat others the way you want to be treated.Patients’ RightsFederal and state legislation requires health care agencies to have written policies concerning patients’ rights, or the factors of care that patients can expect to receive.The patient has the right to:Considerate and respectful careObtain complete, current information concerning diagnosis, treatment, and prognosisReceive information necessary to give informed consent prior to the start of any procedure or treatmentHave advance directives for health care and/or refuse treatment to the extent permitted under lawPrivacy concerning a medical care programConfidential treatment of all communications and recordsReasonable response to a request for servicesObtain information regarding any relationship of the hospital to other health care and educational institutionsBe advised of and have the right to refuse to participate in any research projectExpect reasonable continuity of careReview medical records and examine bills and receive an explanation of all care and chargesBe informed of any hospital rules, regulations, and/or policies and the resources available to resolve disputes or grievancesResident’s Bill of RightsResidents in long term care facilities are guaranteed certain rights under the Omnibus Budget Reconciliation Act (OBRA 1987)Residents have the right to:Free choice regarding physician, treatment, care, and participation in researchFreedom from abuse and chemical or physical restraintsPrivacy and confidentiality of personal and clinical recordsAccommodation of needs and choice regarding activities, schedules, and health careVoice grievances without fear of retaliation or discriminationOrganize and participate in family/resident groups and in social, religious, and community activitiesInformation on medical benefits, medical records, survey results, deficiencies of the facility, and advocacy groups including the ombudsman program (state representative)Manage personal funds and use personal possessionsUnlimited access to immediate family or relatives and to share a room with spouseRemain in the facility and not be transferred or discharged except for medical reasons, the welfare of the resident or others, failure to pay, or if the facility either cannot meet the resident’s needs or ceases to operateAdvance Directives for Health CareLegal documents that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated.Living Wills – documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminalDocument must be signed when the individual is competent and witnessed by two adults who can not benefit from the death.DNR (do not resuscitate)Durable Power of Attorney (POA)Document that permits an individual to appoint another person to make any decisions regarding health care if the principal should become unable to make decisionsThis includes providing or withholding specific medical or surgical procedures, hiring or dismissing health care providers, spending or withholding funds for health care, and having access to medical records.Patient Self-Determination Act (PSDA) of 1990: Federal LawMandates all health care facilities receiving any type of federal aid comply with the following requirementsInform every adult, both orally and written of their right under state law to make decisions concerning medical care, including the right to refuse treatment and right-to-die optionsProvide information and assistance in preparing advance directivesDocument any advance directives on the patient’s recordProvide written statements to implement the patient’s rights in the decision-making processAffirm that there will be no discrimination or effect on care because of advance directivesEducate the staff on the medical and legal issues of advance directivesProfessional StandardsPerform only those procedures for which you have been trained and are legally permitted to do.Use approved, correct methods while performing any procedureObtain proper authorization before performing any procedure.Identify the patientObtain the patient’s consent before performing any procedureObserve all safety precautionsKeep all information confidentialThink before you speak and carefully consider everything you say.Treat all patient equally regardless of race, religion, social or economic status, sex or nationality.Accept not tips or bribes for the care you provide.If any error occurs or you make a mistake, report it immediately to your supervisor.Behave professionally in dress, language, manners, and actions.Liability InsuranceMistakes do happenInsurance companies offer policies (at a cost) for health care workers.This insurance is to help a health care worker with legal bills if the worker is sued. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download