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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