Download Medical Legal and Ethics

Medical Legal and
Ethics
Types of Law
• Civil
Law – focuses on legal relationships
between people and the protection of personal
rights
• Criminal
Law – focuses on wrongs against a
person, property or society
• Tort
– occurs when a person is harmed or injured
because a healthcare provider does not meet
established or expected standard of care
Torts
•
Malpractice
•
Negligence
•
Assault
•
Battery
•
Invasion of Privacy
•
False Imprisonment
•
Abuse
•
Defamation by slander or libel
Ethics
•
Standards of conduct that indicate how one should behave based on moral
duties and virtues, which are derived from the principles of right and wrong
•
Aspects of Ethics - The ability to discern right from wrong
•
Morals – beliefs, customs, and traditions that reflect personal convictions
about right and wrong
•
Values – core beliefs or desires that guide or motivate attitudes
Medical Code of Ethics
•
1. The health care worker’s primary goal is to promote optimal level of
wellness, preserve life and provide for a peaceful death when necessary
•
2. The health care worker respects the religious beliefs and cultural values
of all patients
•
3. The healthcare worker provides adequate and continuous care for all
patients regardless of age, gender, race, sexual orientation or nature of the
illness or injury
•
4. The health care worker knows the limits of practice for which he or she is
competent and stays within those limits
•
5. The health care worker maintains competence and current knowledge by
pursuing continuing education
Medical Code of Ethics
•
6. The health care worker practices jurisprudent behavior at all times by
avoiding unethical or illegal practices
•
7. The health care worker respects the dignity and rights of each patient by
maintaining confidentiality and a professional attitude regarding all
information relating to the client
•
8. The health care worker asks for clarification and assistance when unsure
of any aspect of care
•
9. The health care worker participates in professional activities and
organizations to provide better health care
•
10. The health care worker maintains a high standard of ethical and legal
behavior in his or her PRIVATE life as well as professional life
Making Ethical Decisions
•
1. Have a strong desire to do the right thing
•
2. Make sure you have all the facts. Do not make assumptions.
•
3. Have the capacity to develop multiple alternative solutions that minimize
ethical dilemmas
•
4. Predict the consequences of conduct and assess the likelihood that people
will be helped or harmed.
•
5. Perceive and eliminate all unethical options
•
6. Select the most ethical alternative.
Five Steps of Reasoning
•
1. Clarify – determine the decision to be made
•
2. Evaluate – Distinguish facts from beliefs and opinions
•
3. Decide – Make a judgement about what is real and right
•
4. Implement – Develop a plan on what to do that minimizes risks and
maximizes desired outcome
•
5. Monitor and Modify – few decisions in life are final. Make corrections as
necessary
Advanced Directives
•
Living Will
•
General Power of Attorney
•
Medical Power of Attorney
•
Revocation of Power of Attorney
•
Do Not Resuscitate Order
Legal Terms
•
Medical Director
•
Scope of Practice
•
Duty to Act
•
Reportable Items
•
Continuing Education
•
When to Identify
•
Punishment
Medical Standards of Behavior
•
1. Confidentiality
•
2. Accuracy
•
3. Honesty
•
4. Dependability