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Legal and Ethical Issues in Health Care 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: • 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 & Battery • Assault: a threat or attempt to injure. • Battery: unlawful touching of another person without consent. Informed 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 Privacy • unnecessarily exposing an individual • revealing personal information about an individual without the person’s consent. False 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. Abuse • Any care that results in physical harm, pain, or mental anguish. • Examples: denial of rights, mistreatment, deprivation of services, mental intimidation, and unnecessary restraint. Defamation • 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 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 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 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.