Download 1.04 Understand legal and ethical issues of the healthcare

1.04
Understand legal and
ethical issues of the
healthcare
professional
Importance for the healthcare
professional to understand legal
and ethical issues
1.
2.
3.
Knowledge of legal responsibilities
Limitations of practice
Implications of their actions
1.04 Understand legal and ethical
issues
2
Importance for the healthcare
professional to understand legal
and ethical issues
4.
Protection of
a.
b.
c.
d.
Healthcare professionals
Patients
Co-workers
Facility
1.04 Understand legal and ethical
issues
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Importance for the healthcare
professional to understand legal
and ethical issues
Ethical behavior ensures
5.
a.
b.
c.
Quality patient care
Positive work relationships
Well-managed workplace
1.04 Understand legal and ethical
issues
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Legal and ethical
dilemmas encountered
by healthcare
professionals
1.04 Understand legal and ethical
issues
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Legal and Ethical Dilemmas
Abortion

Termination of a pregnancy


Spontaneous
Induced
Abortion is legal.
What are the ethical issues?
1.04 Understand legal and ethical
issues
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Legal and Ethical Dilemmas
End of life
1.04 Understand legal and ethical
issues
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Legal and Ethical Dilemmas
Euthanasia
(mercy killing)
Assisted
The act of ending
the life of an
individual in a
painless manner.
Individual is usually
suffering from a
terminal illness.
Involuntary
Voluntary
1.04 Understand legal and ethical
issues
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Legal and Ethical Dilemmas
Advanced Directives

Legal documents that allow the patient to
state the end of life treatments they would
or would not want, in the event that they
become unable to make those decisions.
1.04 Understand legal and ethical
issues
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Legal and Ethical Dilemmas
Living Will

Patient’s document that states specific
measures to be taken or not taken to
prolong life.



Do Not Resuscitate (DNR)
Hydration
Medication
1.04 Understand legal and ethical
issues
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Legal and Ethical Issues
Power of Attorney

Document that names the person that will
make healthcare decisions for the patient
that is unable to do so.
1.04 Understand legal and ethical
issues
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Legal and Ethical Dilemmas
Organ Donation
The removal of healthy
tissues from one person
for the purpose of
transplanting them into
another person.
Donor can be living or
recently deceased.
1.04 Understand legal and ethical
issues
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Legal and Ethical Dilemmas
Research and
Experimental Treatment




Healthcare research seeks to develop treatments
for a disease process, or to establish new
knowledge for health and wellness maintenance.
AIDS
Stem Cell
Cancer Research
1.04 Understand legal and ethical
issues
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1.04
Contracts
-Contract

Agreement between two or more people.
Enforceable by law.
1.04 Understand legal and ethical
issues
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Elements of a Contract
-OfferA proposal by
one party to
another
indicating
willingness to
enter a contract.
1.04 Understand legal and ethical
issues
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Elements of a Contract
-OfferIn healthcare,
an individual
enters into a
relationship with
a healthcare
provider and
offers to be a
patient
1.04 Understand legal and ethical
issues
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Elements of a Contract
-Acceptance-
The willingness to go along with the offer.
1.04 Understand legal and ethical
issues
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Elements of a Contract
-Acceptance-
Healthcare provider gives an appointment,
examines, or treats the patient.
1.04 Understand legal and ethical
issues
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Elements of a Contract
-Genuine Agreement-
Valid offer is met by a valid agreement
1.04 Understand legal and ethical
issues
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Elements of a Contract
-Genuine Agreement-
Fraud, misrepresentation or undue influence can
destroy the genuine agreement.
1.04 Understand legal and ethical
issues
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Elements of a Contract
-CapacityThe legal ability to
enter a contract.
1.04 Understand legal and ethical
issues
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Elements of a Contract
-Capacity
Legal Disability
Individual who can
not legally enter
into a contract
1.04 Understand legal and ethical
issues
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Elements of a Contract
-Capacity
Legal Disability




Minors - younger than
18 years of age unless
married
Mentally incompetent
Under the influence of
drugs/alcohol
Semi-conscious/unconscious
1.04 Understand legal and ethical
issues
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Elements of a Contract
-Consideration

The thing of value
promised in
exchange for
something else of
value.
Payment is made by
the patient for the
services received.
1.04 Understand legal and ethical
issues
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Elements of a Contract
-Legality

Persons entering a
contract cannot
agree to do
something that is
illegal or forbidden by
law.
Ex: cannot agree to
sell a kidney
1.04 Understand legal and ethical
issues
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Types of Contracts


Implied contracts – non-verbal agreement
of understanding
Expressed contracts – state the terms of
the agreement in distinct and clear
language, either oral or written
1.04 Understand legal and ethical
issues
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Healthcare Contract
-Informed Consent

The patient or their healthcare
power of attorney gives written
permission for a treatment or
procedure, based on a clear
understanding of desired
outcomes and possible
complications.
Informed consent is an essential
component of a healthcare
contract.
1.04 Understand legal and ethical
issues
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1.04
Patient Rights
Legislation
Patient Rights Legislation

Patient’s Bill of Rights






The Health Care Consumer
Consumer Bill of Rights
Consumer Responsibilities
Omnibus Budget Reconciliation Act
Patient Self-Determination Act
Health Insurance Portability and
Accountability Act (HIPAA)
1.04 Understand legal and ethical
issues
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Patient Rights Legislation
Patient’s Bill of Rights (1973, revised 1992)
•
•
Statement of rights that patients are entitled
to while in the care of a physician or in the
hospital
Includes:
•
•
•
•
•
Choice of providers
Confidentiality
Information disclosure
Participation in treatment decisions
Respect
1.04 Understand legal and ethical
issues
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Patient Rights Legislation
The Healthcare Consumer
 March 1998, the Advisory Commission on
Consumer Protection and Quality in the Health
Care Industry outlined the Consumer Bill of
Rights and Responsibilities.
 Purpose



Build consumer confidence
Support the healthcare provider and patient-provider
relationship
Emphasize the role of the consumer with regard to
health improvement
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issues
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Patient Rights Legislation

Consumer Bill of Rights






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Information disclosure
Choice of providers
Access to emergency services
Participation in treatment decisions
Respect and nondiscrimination
Confidentiality of health information
Complaints and appeals
1.04 Understand legal and ethical
issues
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Patient Rights Legislation

Consumer Responsibilities









Healthy habits
Participate in healthcare decisions
Communicate relevant information to healthcare
provider
Avoid knowingly spreading disease
Recognize the risks and limits of medical care
Know about healthcare insurance plan
Show respect
Make effort to pay your bills
Report fraud or wrongdoing
1.04 Understand legal and ethical
issues
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Patient Rights Legislation


The Health Care Consumer Bill of Rights is
used to develop healthcare insurance
plans.
The Health Care Consumer must be
familiar with their rights and
responsibilities.
1.04 Understand legal and ethical
issues
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Patient Rights Legislation
Omnibus Budget Reconciliation Act (1987)
•
•
•
•
•
•
Regulates long term care and home health
Requires nurse aide training/certification for nursing
and geriatric assistants
States specific skills to be mastered
Requires continuing education, and work evaluations
Requires retraining and/or testing if unemployed for 2
or more years
Limits use of restraints
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issues
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Patient Rights Legislation
Nursing Home Reform Act (1990)

Patient must be fully evaluated upon
admission to a nursing home
Health
 Memories
 Habits
 Hobbies



A plan of care must be written and
maintained
Must have annual re-evaluation
1.04 Understand legal and ethical
issues
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Patient Rights Legislation
Patient Self-Determination Act (1990)
 Healthcare agency receiving Federal Aid
must inform a patient about advanced
directives at the time of admission
 Healthcare agency must provide
education for staff
1.04 Understand legal and ethical
issues
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Patient Rights Legislation

Health Insurance Portability and
Accountability Act (HIPAA) (1996)
Protects the individual medical information
of a patient and includes:




Name
Address
Diagnosis billing information
Provides for security of that
information
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issues
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Patient Rights Legislation
Health Insurance Portability and
Accountability Act (HIPAA)






Gives patient more control over their
health information
Sets boundaries on the use and release
of health records
Establishes safeguards to protect records
Punishes violators
Enables patients to make choices
Gives patients the right to obtain a copy of their records
1.04 Understand legal and ethical
issues
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Patient Rights Legislation
Health Insurance Portability and
Accountability Act (HIPAA)

Permits release of information
needed to protect public health


Prevent disease
Protect from injury or
disability
1.04 Understand legal and ethical
issues
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Patient Rights Legislation
Health Insurance Portability and
Accountability Act (HIPAA)
Exempt information:





Births
Deaths
Injuries caused by violence
Communicable diseases
Sexually transmitted diseases
1.04 Understand legal and ethical
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Patient Rights Legislation

Patient’s Bill of Rights






The Healthcare Consumer
Consumer Bill of Rights
Consumer Responsibilities
Omnibus Budget Reconciliation Act
Patient Self-Determination Act
Health Insurance Portability and
Accountability Act (HIPAA)
1.04 Understand legal and ethical
issues
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1.04
-THE LAWSystem of Rules
1.04 Understand legal and ethical
issues
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-Criminal
1.04 Understand legal and ethical
issues
Law-
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Criminal Law

Protects all people from those who:





pose a threat to society.
are a danger to the public.
Can result in being arrested.
Could prevent a person from being employed.
A felony is a serious crime punishable by
imprisonment or death.
1.04 Understand legal and ethical
issues
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Criminal Law
Assault

Any threat or
attempt to injure
another person
with the
apparent ability
to do so
1.04 Understand legal and ethical
issues
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Criminal Law
Battery

Unlawful
touching of
another person
without
consent
1.04 Understand legal and ethical
issues
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Criminal Law
Misuse of Narcotics

May relate to:


Personal use by
healthcare professionals
Patient use of
prescribed dosage
1.04 Understand legal and ethical
issues
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Criminal Law
Murder

Taking another
person’s life
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issues
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Criminal Law
Practicing Without a License

Individual providing
healthcare services
without a license
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issues
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Criminal Law
Sexual Assault


Rape
Forced sexual act by a male against a female
 Statutory rape: the victim is under age.
The consent of the under age person does not
matter.
 The age of the offender does not matter. A
minor can be charged with statutory rape.


Date rape
1.04 Understand legal and ethical
issues
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Criminal Law
Theft

Taking another
person’s possessions
1.04 Understand legal and ethical
issues
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-Civil
Law-
1.04 Understand legal and ethical
issues
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-Civil LawInvolves disputes between people or
organizations and protection of people’s
rights.
1.04 Understand legal and ethical
issues
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Civil Law
-TortsWrongful 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 entitled to
compensation for damages done.
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issues
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Civil Law
-Torts-
Physical Abuse

Depriving of nutrition

Hitting

Restraining a patient
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issues
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Civil Law
-Torts-
Sexual Abuse


Sexual harassment
Any unwanted sexual
touching or act
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issues
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Civil Law
-Torts-
Verbal Abuse

Swearing

Talking harshly

Teasing
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issues
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Civil Law
-TortsDefamation of Character

A statement that causes injury to a person’s
reputation


Libel
Slander
Libel
Slander
1.04 Understand legal and ethical
issues
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Civil Law
-Torts-
Defamation of
Character
Libel
Untrue written
statements that
cause injury to a
person’s reputation
1.04 Understand legal and ethical
issues
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Civil Law
-Torts-
Defamation of
Character
Slander
Untrue spoken
statements that
cause injury to a
person’s reputation
1.04 Understand legal and ethical
issues
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Civil Law
-Torts-
False Imprisonment
A person is confined or retained against his/her will
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issues
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Civil Law
-Torts-
Invasion of Privacy
Make personal
information public
without the
consent of the
patient
Unnecessary
physical exposure
of a patient
1.04 Understand legal and ethical
issues
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Civil Law
-Torts-
Malpractice


Providing bad care,
resulting in injury.
Act of Commission
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issues
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Civil Law
-Torts-
Negligence


Failure to provide care
that is normally expected,
resulting injury to the
patient.
Act of Omission
1.04 Understand legal and ethical
issues
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-Civil Law• Involves relationships between people
• Torts
1.04 Understand legal and ethical
issues
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Reasonable Care


The legal obligation of healthcare
professionals to provide care according to
the standards of practice expected within
their community for healthcare
professionals.
Ex. all physical therapists follow the same
guidelines for ROM exercises
1.04 Understand legal and ethical
issues
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1.04
Ethics
in healthcare
Healthcare professionals’
ethical obligations
Ethics
 Standard of conduct or code of behavior
for a person or group of people
 Involves:



Personal values
Professional standards expected of a
healthcare professional
Organizational standards expected of an
employee
1.04 Understand legal and ethical
issues
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Aspects of Ethics


Ability to determine
“right” from “wrong”
Commitment to do
what is right
1.04 Understand legal and ethical
issues
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Personal Ethics
Ethical Foundations:
 Personal values




Dependable
Honest
Responsible
Trustworthy
1.04 Understand legal and ethical
issues
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Professional Ethics
Code of Ethics


Specific for each healthcare career
Two components
1. Principles of Ethics

Standards of exemplary professional behavior for
all members of the association
2. Rules of Ethics

Mandatory, direct standards of minimally
acceptable professional conduct
1.04 Understand legal and ethical
issues
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Organizational Ethics


Moral values that guide the way
corporations make decisions
Governed by




Legislation/laws
Professional codes
Individual values
Never compromise your ability to perform
in the best interest of the organization
1.04 Understand legal and ethical
issues
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Healthcare professionals’
ethical obligations
Recognize Illegal and Unethical Behavior

Report any event that has adverse affects on
the health, safety or welfare of any person
within the healthcare agency

Healthcare professional must



Obey the law
Follow code of ethics for his/her job description
Treat everyone with respect
1.04 Understand legal and ethical
issues
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Healthcare professionals’
ethical obligations
Report Illegal and Unethical Behavior
 Ensures 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 Understand legal and ethical
issues
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1.04 Understand
legal and ethical issues
in healthcare
THE END