1.04 Understand legal and ethical issues in health care



|COURSE |7242 Health Science II |Unit A |Healthcare foundation standards, safety, and infection |

| | | |control |

|ESSENTIAL STANDARD |1.00 |B2 |29% |Understand healthcare foundation standards. |

|OBJECTIVE |1.04 |B2 |5% |Understand legal and ethical issues in healthcare. |

|ESSENTIAL QUESTIONS |Why is it important for healthcare professionals to understand legal issues? |

| |What are some legal and ethical dilemmas presented to healthcare professionals? |

| |What are criminal and civil laws? |

| |What are contracts and how do they relate to healthcare? |

| |What legislation regulates patient rights? |

| |What are the ethics of healthcare? |

Unpacked Content

Understand legal and ethical issues of the healthcare professional

1 Legal knowledge

2 Ethical behaviors

Legal and ethical dilemmas

1 Abortion

2 End of life

3 Euthanasia

1 Advanced directive

2 Living will

3 Power of attorney

4 Organ donation

5 Research and experimental treatment

The Law - System of Rules

1 Criminal Law

1 Assault

2 Battery

3 Misuse of narcotics

4 Murder

5 Practicing without a license

6 Sexual assault

7 Theft

2 Civil Law

1 Torts

a. Abuse

i) Physical

ii) Sexual

iii) Verbal

b. Defamation of character

i) Libel

ii) Slander

c. False imprisonment

d. Invasion of privacy

e. Malpractice

f. Negligence

2 Contracts

1 Offer

2 Acceptance

3 Genuine agreement

4 Capacity

5 Consideration

6 Legality

7 Types of contracts

8 Implied

9 Expressed

10 Informed consent

Patient rights legislation

1 Patient’s Bill of Rights

2 The Healthcare Consumer

1 Consumer Bill of Rights

2 Consumer Responsibilities

3 Omnibus Budget Reconciliation Act

4 Nursing Home Reform Act

5 Patient Self-Determination Act

6 Health Insurance Portability and Accountability Act (HIPAA)

Ethics in healthcare

1 Personal

2 Professional

3 Organizational

| | |RELEVANCY TO OBJECTIVE | |

| |ACTIVITIES | |RESOURCES |

|1 |Group Activity |Students will UNDERSTAND (B2) their knowledge |1.04 Understand legal and ethical |

| |Divide the students into groups of 3-4. |of legal and ethical issues that are |issues in healthcare - KWL Handout |

| |Distribute handout. |encountered by healthcare professionals. | |

| |Students will brainstorm and record: | | |

| |what they know and want to know about legal and ethical issues| | |

| |in healthcare. | | |

| |why this information is important to a healthcare professional| | |

| |Discuss students’ responses. | | |

| |Students will turn in their papers to the teacher. | | |

| |Allow 10 -15 minutes for this activity. | | |

|2 |Legal and ethical issues of the healthcare professional |Students will UNDERSTAND (B2) legal and ethical|1.04 Understand legal and ethical |

| |Distribute handout. |issues that are encountered by healthcare |issues of the healthcare |

| |Present PowerPoint Presentation. |professionals. |professional PowerPoint |

| |Students will record notes in their own words and class | |Presentation |

| |discussion on the handout. | | |

| |Facilitate discussion and have students record their responses| |1.04 Legal and ethical issues of |

| |to how a legal right can present an ethical issue. | |the healthcare professional |

| | | |Handout |

|3 |HOMEWORK: Criminal Law or Civil Law |Students will UNDERSTAND (B2) the healthcare |1.04 Criminal Law or Civil Law |

| |Distribute handout or present on a projector |professionals’ legal responsibilities and why |Handout |

| |Assign each student a topic as listed |it is important. |OR |

| |Students will search any available media (newspaper, Internet,| |Use projector to view the handout |

| |etc.) for a court case that is an example of the offense. | | |

| |Students should be prepared to share their information with | |Computer with Internet access |

| |the class during the presentation and discussion of the | | |

| |PowerPoint in Activity 4 and 5. | | |

| |Note: This assignment should be completed and reviewed by the | | |

| |teacher prior to the presentation of information on criminal | | |

| |and civil laws. | | |

|7 |Elements of a Contract |Students will UNDERSTAND (B2) the elements of |1.04 Contracts PowerPoint |

| |Distribute the handout. |contracts. |Presentation |

| |PowerPoint Presentation. | | |

| |Students will record notes in their own words and class | |1.04 Elements of a Contract Handout|

| |discussion on the handout. | | |

| |Facilitate discussion by asking the students: | | |

| |Have you ever had a contract? | | |

| |If yes, what type of contract? | | |

| |If no, remind students of contracts they may not be aware of. | | |

|8 |HOMEWORK |Students will UNDERSTAND (B2) the elements and |Computer with Internet access |

| |Assign students to research contracts on the internet. |terms of contracts. | |

| |Students should review contracts of various types, identifying| | |

| |the: | | |

| |Offer | | |

| |Acceptance | | |

| |Genuine agreement | | |

| |Capacity | | |

| |Consideration | | |

| |Legality | | |

| |Terms of the contract | | |

| |Note: any type of contract that contains the elements of a | | |

| |contract will be fine and may initiate interest by the | | |

| |students. | | |

| |Students will develop a simulated contract with a healthcare | | |

| |provider. | | |

| |The teacher will review and students will discuss and compare | | |

| |the elements of the contracts. | | |

|9 |Patient Rights Legislation |Students will UNDERSTAND (B2) patient rights |1.04 Patient Rights Legislation |

| |Distribute handout. |legislation. |PowerPoint Presentation |

| |Present PowerPoint Presentation. | | |

| |Facilitate discussion. | |1.04 Patient Rights Legislation |

| |The students will record classroom discussion on the handout. | |Handout |

|10 |Patient’s Rights Legislation Scenarios |Students will UNDERSTAND (B2) examples of |1.04 Patient’s Rights Legislation |

| |Distribute handout. |patient rights violations. |Scenarios Handout |

| |Students will read the scenarios and determine if there was a | | |

| |violation of a patient’s rights. | | |

| |If there was not a violation, the student will write “None” in| | |

| |the blank. | | |

| |If there was a violation, the student will write the patient | | |

| |rights legislation that was violated and how the violation | | |

| |could have been avoided. There may be more than one | | |

| |violation. | | |

| |Criminal Law |Students will UNDERSTAND (B2) the healthcare |1.04 THE LAW |

| |Distribute handout. |professional professionals legal |System of Rules |

| |Present the PowerPoint Presentation, slides 1-1. |responsibilities related to criminal law. |PowerPoint Presentation, slides |

| |Facilitate discussion of each legal term and allow students to| |1-10 |

| |present their research of cases as described above. | | |

| |Allow students to give additional examples of criminal law | |1.04 Key Terms –Criminal and Civil |

| |violations. | |Law Handout |

| |During the last ten minutes of class, students should write an| | |

| |example similar to, but not identical to the example given in | | |

| |class for three of the terms presented and discussed in the | | |

| |PowerPoint. These are to be given to the teacher before the | | |

| |students leave the class. | | |

| |Civil Law |Students will UNDERSTAND (B2) the healthcare |1.04 THE LAW |

| |Students will refer to handout from activity 8. |professional professionals’ legal |System of Rules PowerPoint |

| |Present PowerPoint Presentation, slides 11-25. |responsibilities related to civil law. |Presentation, |

| |Facilitate discussion of each legal term and allow students to| |slides 11-25 |

| |present their research of cases as described above. | | |

| |Allow students to give additional examples of criminal law | |1.04 Key Terms –Criminal and Civil |

| |violations. | |Law Handout |

| |During the last ten minutes of class, students should write an| | |

| |example similar to, but not identical to the example given in | | |

| |class for three of the terms presented and discussed in the | | |

| |PowerPoint. These are to be given to the teacher before the | | |

| |students leave the class. | | |

| |Student Activity |Students will UNDERSTAND (B2) criminal and |Post-It notes |

| |Post Flip Chart paper around the room. |civil law. | |

| |Students will use Post-It place examples of criminal and civil| |Flip Chart paper |

| |legal offenses on the Flip Chart paper. | | |

| |Students will: | | |

| |Identify the offense. | | |

| |Compare criminal and civil law. | | |

| |Facilitate discussion of the offenses and laws. | | |

|11 |Ethics in Healthcare |Students will UNDERSTAND (B2) ethical |1.04 Ethics in Healthcare |

| |Distribute handout. |responsibilities of the healthcare |PowerPoint Presentation |

| |Present PowerPoint Presentation. |professional. | |

| |Facilitate discussion by asking the students: | |1.04 Healthcare Professional |

| |Explain the difference between legal and ethical. | |Ethical Responsibilities |

| |Why are ethics important in our personal and professional | |Handout |

| |lives? | | |

| |Would you report an unethical behavior? Why or why not?. | | |

| |Students will record class discussion on the handout. | | |

|12 |WHERE DO I STAND? |Students will UNDERSTAND (B2) the difficulty of|1.04 WHERE DO I STAND? |

| |Have the students stand in a large circle. |making ethical decisions. |Teacher Resource |

| |Present the concepts on the 1.04 WHERE DO I STAND? | | |

| |Teacher Resource to the students and follow the directions. | | |

| |Discuss the reasons students made their decisions. | | |

| | | | |

| | | | |

1.04 Understand legal and ethical issues in health care KWL Names of group members:

Handout # 1 ________________________________

Date: ______________ ________________________________

________________________________

________________________________

|K (What I Know) |W (What I want to Know) |L (What I Learned) |

| | | |

| | | |

| | | |

1.04 Legal and ethical issues of the Name ________________ healthcare professional Handout Date ________________

Directions: Record notes in your own words and class discussion about the importance of understanding legal and ethical issues in healthcare.

Importance for the healthcare professional to understand

1. ______________________________

____________________________

____________________________

____________________________

a. __________________________

b. __________________________

c. __________________________

d. __________________________

____________________________

a. __________________________

b. __________________________

c. __________________________

Legal and ethical issues encountered by healthcare professionals

1. __________________________________________________________________________

a. Definition ____________________________________________________________

i._____________________________________________________________________

ii. ____________________________________________________________________

b. What are the ethical issues? ____________________________________________

_______________________________________________________________________ ______________________________________________________________________

2. __________________________________________________________________________

a. ____________________________________________________________________ b. Definition ____________________________________________________________ ______________________________________________________________________

i. ____________________________________________________________________

ii. ____________________________________________________________________

c. ____________________________________________________________________

d. ____________________________________________________________________

e. ____________________________________________________________________

f. What are the ethical issues? ____________________________________________

______________________________________________________________________ ______________________________________________________________________

3. __________________________________________________________________________

a. Definition ____________________________________________________________

______________________________________________________________________ b. What are the ethical issues? ____________________________________________

______________________________________________________________________ ______________________________________________________________________

4. __________________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

What are the ethical issues? ______________________________________________

______________________________________________________________________ ______________________________________________________________________

1.04 Legal and ethical issues of the Name ________________ healthcare professional Handout KEY Date ________________

Directions: Record notes in your own words and class discussion about the importance of understanding legal and ethical issues in healthcare.

Importance for the healthcare professional to understand

1. Knowledge of legal responsibilities

2. Limitations of practice__________

3. Implications of their actions______

4. Protects_____________________

a. Healthcare professional____

b. Patients_________________

c. Co-workers______________

d. Facility_________________

5. Ethical behavior ensures

a. Quality patient care

b. Positive work relationships

c. Well-managed workplace

Legal and ethical issues encountered by healthcare professionals

1. _Abortion____________________________________________________________

a. Definition ___termination of a pregnancy______________________________

i. __spontaneous__________________________________________________

ii. __induced______________________________________________________

b. What are the ethical issues? Why? _answers will vary___________________

________________________________________________________________

2. _End of life dilemmas__________________________________________________

a. euthanasia_____________________________________________________

b. Definition _the act of ending the life of an individual in a painless manner ____ Individual is usually suffering from a terminal illness_______________________

i. _assisted__________________________________________________

ii. _voluntary_________________________________________________ iii. _involuntary_______________________________________________

c. _advanced directives_____________________________________________

d. _living will______________________________________________________

e. _power of attorney_________________________________________

f. What are the ethical issues? Why? _answers will vary___________________

________________________________________________________________

3. _Organ donation______________________________________________________

a. Definition _the removal of health tissues from one person for the purpose of __ transplanting them into another person_________________________________

Donor can be living or recently deceased_______________________________

b. What are the ethical issues? Why? _answers will vary___________________

________________________________________________________________

4. _Research and experimental treatment_____________________________________

_healthcare research seeks to develop treatments for a disease process, or to__ establish new knowledge for health and wellness maintenance_______________

What are the ethical issues? Why? _answers will vary_____________________

________________________________________________________________________ __________________________________________________________________

1.04 Criminal Law or Civil Law Name ________________

Handout Date _________________

Directions: Select a topic from the list below. Search any available media (newspaper, Internet, etc.) for a court case that is an example of the topic chosen.

Prepare a paragraph that explains the case. Be prepared to share the case with the class during the presentation and discussion of the PowerPoint. This assignment should be completed and reviewed by the teacher prior to the presentation of information on criminal and civil laws.

Information to be included:

Name of the case

Date of the offense and trial (if there was a trial)

Healthcare professional involved (doctor, physical therapist, etc.)

What happened?

Who won?

What did they win?

Assault

Battery

Defamation of character

False imprisonment

Invasion of privacy

Libel

Malpractice

Misuse of narcotics

Murder

Negligence

Physical abuse

Practicing without a license

Reasonable care

Sexual abuse

Slander

Theft

Verbal abuse

1.04 Elements of a Contract Name __________________

Handout Date ___________________

Directions: Record notes in your own words and class discussion in your own words regarding the elements of a contract.

Contract ______________________________________________________________ ______________________________________________________________________

|Elements of a Contract |Define in your own words |Examples |

|Offer | | |

|Acceptance | | |

|Genuine agreement | | |

|Capacity | | |

|Consideration | | |

|Legality | | |

Types of contracts _____________________________________________________ ______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Informed Consent ______________________________________________________

____________________________________________________________________________________________________________________________________________

1.04 Patient Rights Legislation Class Discussion Name ________________

Handout Date _________________

|Directions: Record class discussion about Patient Rights Legislation. |

|Patient Rights Legislation |

| |

|Patient Bill of Rights |

|What is it? |

|Who passed it? |

|Why? |

|Who is covered? |

| |

| |

| |

| |

|Consumer Bill of Rights and Responsibilities |

|What is it? |

|Who passed it? |

|Why? |

|Who is covered? |

| |

| |

| |

| |

| |

|Omnibus Budget Reconciliation Act |

|What is it? |

|Who passed it? |

|Why? |

|Who is covered? |

| |

| |

| |

| |

| |

|Nursing Home Reform Act |

|What is it? |

|Who passed it? |

|Why? |

|Who is covered? |

| |

| |

| |

| |

| |

|Patient Self-Determination Act |

|What is it? |

|Who passed it? |

|Why? |

|Who is covered? |

| |

| |

| |

| |

1.04 Patient Rights Legislation Scenarios Name____________________ Handout Class____________________

Directions: Read the following scenarios. In each scenario, determine if there was of a violation of a patient’s rights. If there was not a violation, write “None” in the blank. If there was a violation, write the patient rights legislation that was violated and how the violation could have been avoided. There may be more than one violation.

1. Jean has been given information regarding the study of a new heart medicine. Jean does not want to participate in the study. She prefers to have an alternative treatment for her condition. Jean’s doctor prescribes another treatment.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

2. The nursing assistant told Joseph that he is scheduled for a cardiac catheterization. Joseph’s has not discussed this procedure with his doctor. Joseph has a puzzled look on his face.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

3. Mrs. Brown was transferred from the hospital to a rehabilitation center. Upon arrival to the rehabilitation center, Mrs. Brown completed her living will and named her healthcare power of attorney.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

4. The physical therapist took Mr. Beasley to the Physical Therapy department for his whirlpool treatment. The therapist placed Mr. Beasley in the whirlpool. While Mr. Beasley was in the whirlpool, the therapist talked to another therapist on the other side of the department area.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

5. Mrs. James is a patient in the surgical department. Nurse Fran from the orthopedic department came over and told Nurse Franks that Dr. Monroe needed to review Mrs. James’s record. Nurse Franks gave Nurse Fran the record.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

1.04 Patient Rights Legislation Scenarios Handout page 2

6. Mr. Bates has a living will. According to the hospital’s policy, this advanced directive will expire in two months. Mr. Bates has not been informed of this policy.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

7. Chuck received care of by a student nurse. Chuck did not know the nurse was student.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

8. Jackie has been discharged from the hospital. She was given her hospital bill but has some questions about a charge of $500.00 for medication. She does not get an answer to her questions.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

9. The nursing assistant enters Mrs. Byrd’s room and states, “Hi honey! How are you today? I heard you gave them a hard time last night.”

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

10. Paul’s doctor gave tissue samples from Paul’s biopsy to the director of the Cancer Research Center. The center is performing clinical trials on a new drug that has proven to cure Paul’s type of cancer. Paul is not aware of the clinical trial nor that his tissue sample was released.

Patient rights legislation violated ___________________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

1.04 Patient Rights Legislation Scenario Name____________________ Handout KEY Class____________________

Directions: Read the following scenarios. In each scenario, determine if there was of a violation of a patient’s rights. If there was not a violation, write “None” in the blank. If there was a violation, write the patient rights legislation that was violated and how the violation could have been avoided. There may be more than one violation.

1. Jean has been given information regarding the study of a new heart medicine. Jean does not want to participate in the study. She prefers to have an alternative treatment for her condition. Jean’s doctor prescribes another treatment.

Patient rights legislation violated _______NONE_______________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

2. The nursing assistant told Joseph that he is scheduled for a cardiac catheterization. Joseph’s has not discussed this procedure with his doctor. Joseph has a puzzled look on his face.

Patient rights legislation violated __right to receive information necessary to give______ informed consent________________________________________________________

How the violation could have been avoided __Joseph should have been given information about any procedure or treatment and information regarding available alternatives____________________________________________________________

3. Mrs. Brown was transferred from the hospital to a rehabilitation center. Upon arrival to the rehabilitation center, Mrs. Brown completed her living will and named her healthcare power of attorney.

Patient rights legislation violated ____NONE__________________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

4. The physical therapist took Mr. Beasley to the Physical Therapy department for his whirlpool treatment. The therapist placed Mr. Beasley in the whirlpool. While Mr. Beasley was in the whirlpool, the therapist talked to another therapist on the other side of the department area.

Patient rights legislation violated __Invasion of privacy___________________________

How the violation could have been avoided ___________________________________ ______________________________________________________________________

5. Mrs. James is a patient in the surgical department. Nurse Fran from the orthopedic department came over and told Nurse Franks that Dr. Monroe needed to review Mrs. James’s record. Nurse Franks gave Nurse Fran the record.

Patient rights legislation violated 1) confidential treatment of all records, 2) informed___ consent _______________________________________________________________

How the violation could have been avoided _ patient should have signed permission to released medical records to another department_______________________________

1.04 Patient Rights Legislation Scenarios Handout page 2

6. Mr. Bates has a living will. According to the hospital’s policy, this advanced directive will expire in two months. Mr. Bates has not been informed of this policy.

Patient rights legislation violated ___right to explanation of hospital rules, right to have an advanced directive____________________________________________________

How the violation could have been avoided __Someone should explain hospital rules to Mr. Bates and allow him to write another living will______________________________

7. Chuck received care of by a student nurse. Chuck did not know the nurse was student.

Patient rights legislation violated __right to choice of providers____________________

How the violation could have been avoided _hospital personnel should wear proper___ identification and Chuck should have had the opportunity to request another nurse____ _____________________________________________________________________

8. Jackie has been discharged from the hospital. She was given her hospital bill but has some questions about a charge of $500.00 for medication. She does not get an answer to her questions.

Patient rights legislation violated __right to examine bill and have it explained________

How the violation could have been avoided __Jackie should have been given a_______ complete explanation of the cost of services provided___________________________

9. The nursing assistant enters Mrs. Byrd’s room and states, “Hi honey! How are you today? I heard you gave them a hard time last night.”

Patient rights legislation violated __right to considerate and respectful care__________

How the violation could have been avoided __(answers will vary)__________________ ______________________________________________________________________

10. Paul’s doctor gave tissue samples from Paul’s biopsy to the director of the Cancer Research Center. The center is performing clinical trials on a new drug that has proven to cure Paul’s type of cancer. Paul is not aware of the clinical trial nor that his tissue sample was released.

Patient rights legislation violated __right to privacy, and confidentiality, right to be_____ informed of hospital plan to engage in research projects and the right to refuse such___ research projects________________________________________________________

How the violation could have been avoided __explanation of research projects and____ opportunity for signed consent______________________________________________

1.04 Key Terms – Criminal and Civil Law Name __________________

Handout Date ___________________

Criminal Law- protects all people from those who pose a threat to society.

|Legal/Ethical Term |Definition |Examples |

|Assault |Any threat or attempt to injure | |

| |another person with the apparent | |

| |ability to do so | |

|Battery |Unlawful touching of another person | |

| |without their consent | |

|Felony |A serious crime that carries a | |

| |penalty of at least one year of | |

| |imprisonment | |

|Misuse of narcotics |Using controlled drugs in a manner | |

| |other than intended | |

|Murder |Taking another person’s life | |

|Practicing without a license |Providing healthcare services without| |

| |a license | |

|Theft |Taking another person’s possessions | |

Civil Law- involves disputes between people or organization and the protection of people’s rights.

|Legal/Ethical Term |Definition |Examples |

|Abuse |Physical, sexual, or verbal | |

| |mistreatment | |

|Defamation of character |Statement that causes injury to a | |

| |person’s reputation | |

|False imprisonment |A person is confined or retained | |

| |against his/her will | |

|Invasion of privacy |-make personal information public | |

| |without the consent of the patient | |

| |-unnecessary physical exposure of a | |

| |patient | |

1.04 Key Terms – Criminal and Civil Law Handout page 2

|Libel |Untrue written statements that cause | |

| |injury to a person’s reputation | |

|Malpractice |Providing bad care, resulting in | |

| |injury. | |

| |Act of commission | |

|Negligence |Failure to provide care that is | |

| |normally expected, resulting in | |

| |injury to the patient. | |

| |Act of omission | |

|Reasonable care |Legal obligation of healthcare | |

| |professionals to provide care | |

| |according to the standards of | |

| |practice expected within their | |

| |community of healthcare professionals| |

|Slander |Untrue spoken statements that cause | |

| |injury to a person’s reputation | |

|Tort |Wrongful acts, not involving a | |

| |contract, that result in physical | |

| |injury, property damages, or damages | |

| |to a person’s reputation for which | |

| |the injured person is entitles to | |

| |compensation for damages done. | |

1.04 Healthcare professionals’ ethical responsibilities Name ________________

Handout Date _________________

Directions: Record class discussion about healthcare professionals’ ethical responsibilities.

Ethics ________________________________________________________________

______________________________________________________________________ [pic]

Recognize and report unethical behavior:

______________________________________________________________________

_________ ______ ________ ____________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

1.04 Healthcare professionals’ ethical responsibilities Name ________________

Handout KEY Date _________________

Directions: Record class discussion about healthcare professionals’ ethical responsibilities.

Ethics Standard of conduct or code of behavior for a person or group of people_______

the ability to determine right from wrong and the commitment to do what is right.______ [pic]

Recognize and report unethical behavior:

_ Recognize any event that has adverse affects on the health, safety or welfare of any person within the healthcare agency. The healthcare professional must: Obey the law

Follow code of ethics for his/her job description, Treat everyone with respect_________ Report illegal and unethical behavior to ensure health, safety and welfare of any______ person within the healthcare agency, follow employee handbook for reporting________ procedures, consult manager/supervisor, Contact human resources supervisor___ ____

1.04 WHERE DO I STAND?

Teacher Resource

Directions: The teacher will have the students stand in a large circle. Designate an area of the room for students to move into if they (1) agree, (2) disagree or (3) don’t know how I feel. The teacher will read a scenario from those given below. The teacher can develop others. The students will move according their feelings about the situation presented in the scenario. Discuss the reasons students made there decisions.

1. You have been offered money to be a surrogate mother and you need the money. You would do it.

2. The family of a patient with a terminal illness begs you to keep it from the patient. When the patient asks you, you tell the truth.

3. Parents have the right to withhold medication from their sick children.

4. A nurse has an offensive body odor. You will tell her.

5. Your best friend recently found out that she is pregnant. She wants to have an abortion. She asks you not to tell anyone. You would not tell.

6. Everyone deserves good healthcare. If a person cannot afford insurance, you are willing for your insurance to cover their bill.

7. Jack threw up in first period English class. He told the teacher that he ate something that made him sick. Jack looks really pale, his eyes are red, and he is shaking. You saw Jack and some other boys taking some medicine before school. He said it was cough medicine. You would not tell.

8. The most important thing for healthcare professionals is to be fair in all patient interactions.

9. Competent, consenting terminally ill patients should have the legal right to medically assisted suicide.

10. Physicians should be able to accept financial incentives from drug manufactures for switching patients to their drugs.

1.04 Prototype Assessment Items

Note: These items illustrate the types of items used in the item bank for this objective. All items have been written to match the cognitive process of the understand verb in the objective. Questions require students to interpret, summarize or explain legal and ethical issues in healthcare. These exact questions will not be used on the secured test, but questions in similar formats will be used.

These assessment items may be used as prototypes by teachers and students to generate similar items to comprise formative assessments for you classroom. This strategy is especially helpful during the field test year when classroom item banks are not available. Results of formative assessment should be used to diagnose levels of mastery, determine if re-teaching is needed, and guide further instruction.

1. The student observed a healthcare professional take an apple from a patient’s room when the patient was out of the room for an x-ray. The healthcare professional is guilty of:

a. assault.

b. battery.

c. murder.

d. theft.

Answer: D

2. If the healthcare professional threatens a patient, the healthcare professional is guilty of:

a. Murder.

b. Assault.

c. Battery.

d. Theft.

Answer: C

3. The patient was injured when she fell off the bed. The healthcare provider found that the side rails were not up. What legal standard was violated?

a. Defamation

b. Invasion of privacy

c. Malpractice

d. Negligence

Answer: D

4. A patient admitted to a facility for an elective procedure is offered the opportunity to establish a living will and health care power of attorney as a result of legislation related to

a. Health Insurance Portability and Accountability Act

b. Patient’s Bill of Rights

c. Patient Self-Determination Act

d. Omnibus Budget Reconciliation Act

Answer: C

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______________ ______________

_______________ _______________

________________________________________________

______________________________________________

__________________________________________________________________________________________________________________________________________________________________________________________

Ethics

________________________________________________________

Personal values

Professional standards

Organizational standards

Dependable

Honest

Responsible

Trustworthy

Specific to each health care career

- Principles

- Rules

Principles of Ethics- standards of exemplary professional behavior for all members of the association

Rules of Ethics- mandatory, direct standards of minimally acceptable professional conduct

Ethics

Moral values that guide the way corporations make decisions

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