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LEGAL RESPONSIBILITIES Health Science Technology 2 5/5/2017 LEGAL RESPONSIBILITIES CIVIL LAW – DEALING WITH LEGAL RELATIONSHIPS BETWEEN PEOPLE CRIMINAL LAW – DEALING WITH WRONGS AGAINST A PERSON, PROPERTY, OR SOCIETY 5/5/2017 HEALTHCARE IS AFFECTED BY: CIVIL LAW – CONTRACTS – TORTS (wrongful act) CRIMINAL LAW – PRACTICING WITHOUT A LICENSE – MISUSE OF NARCOTICS – THEFT – MURDER 5/5/2017 HEALTHCARE PROFESSIONALS REQUIRED TO KNOW AND FOLLOW STATE LAWS THAT REGULATE THEIR LICENSE AND SET STANDARDS FOR THEIR PROFESSION. 5/5/2017 TORTS CONSIDERED A CIVIL WRONG Includes: negligence false imprisonment invasion of privacy abuse defamation assault and battery CAN LEAD TO LEGAL ACTIONS CRIMINAL LAWS CAN APPLY 5/5/2017 NEGLIGENCE FAILURE TO GIVE CARE THAT IS NORMALLY EXPECTED OF A PERSON IN A PARTICULAR POSITION, RESULTING IN INJURY OF ANOTHER PERSON – EXAMPLES 5/5/2017 • FALLS AND INJURIES THAT OCCUR WHEN SIDERAILS ARE LEFT DOWN OR WHEELCHAIRS WHEELS NOT LOCKED • USING DEFECTIVE EQUIPMENT • INFECTIONS CAUSED BY USE OF NON-STERILE INSTRUMENTS False Imprisonment Refers to restraining or restricting an individual’s freedom Examples: • Applying physical restraints without doctor’s permission or with no justification • Keeping a patient in the hospital against their will 5/5/2017 INVASION OF PRIVACY UNNECESSARY EXPOSURE OF AN INDIVIDUAL OR REVEALING PERSONAL INFORMATION ABOUT AN INDIVIDUAL WITHOUT CONSENT 5/5/2017 Invasion of Privacy – EXAMPLES: • IMPROPER DRAPING OR COVERING OF A PATIENT DURING A PROCEDURE • SENDING INFORMATION TO AN INSURANCE COMPANY WITHOUT THE PATIENT’S WRITTEN PERMISSION • TELLING THE NEWS MEDIA ABOUT PATIENT Healthcare workers must maintain confidentiality and keep all patient information private and share the information only with the patient’s healthcare team. 5/5/2017 MALPRACTICE “BAD PRACTICE” PROVIDING IMPROPER OR UNPROFESSIONAL TREATMENT OR CARE THAT RESULTS IN INJURY TO A PERSON CLOSELY RELATED TO NEGLIGENCE EXAMPLE: • MEDICATIONS ADMININSTERED BY A HEALTH CARE WORKER WHO HAS NO TRAINING/KNOWLEDGE OF MEDICATIONS (like Nursing Assistant giving medications instead of Nurse) 5/5/2017 ASSAULT & BATTERY ASSAULT – CAN INCLUDE A THREAT OR ATTEMPT TO INJURY “I will hurt you” BATTERY – UNLAWFUL TOUCHING OF ANOTHER PERSON WITHOUT CONSENT (fight someone) 5/5/2017 Abuse Improper care which results in physical harm, pain, or mental anguish 5/5/2017 Types of Abuse Physical Abuse hitting, forcing people against their will, restraining movement, depriving people of food or water, not providing physical care Verbal Abuse speaking harshly, swearing, shouting, using inappropriate words to describe a person’s race or nationality 5/5/2017 Types of Abuse Psychological Abuse threatening harm, denying rights, belittling, intimidating, or ridiculing, threats to reveal personal information Sexual Abuse unwanted sexual touching, using sexual gestures, or sexual behavior 5/5/2017 Abuse Abuse directed towards a child is known as Child Abuse Abuse directed towards an older person is known as Elder Abuse Healthcare Workers should be alert for signs of abuse such as: Unexplained Bruises, Fractures, or Burns Poor Personal Hygiene Aggressive or Withdrawn Behavior Irrational Fears Patient Statements 5/5/2017 Defamation Occurs when false statements cause one of the following: a. leads to a person being ridiculed b. damage to a person’s reputation Spoken Information is called Slander. Written Information is called Libel. 5/5/2017 Ethics Set of principles relating to what is morally right or wrong Examples of Ethical Dilemmas today: 1. Stem Cell Research 2. Animal Testing 3. Euthanasia 4. Marijuana Use in Healthcare 5/5/2017 Patient’s Rights Rights that are reviewed with the patient when admitted to a healthcare facility Includes: Rights about care Rights about information Rights about service Rights of refusal Rights of confidentiality 5/5/2017 HEALTHCARE CONSENTS WRITTEN (signed permission) VERBAL (phone permission) INFORMED (information given including risks) person must have a sound mind 5/5/2017 Advance Directives Known as legal directives that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care. 2 Types: • Living Will • Durable Power of Attorney 5/5/2017 Living Will Documents that allow individuals to state what measures should or should not be taken to prolong life when their condition is terminal (death expected). May include a DNR order. DNR means Do Not Resuscitate 5/5/2017 Durable Power of Attorney This document permits: individual (principal) to appoint another person (agent) to make any health care decisions for them if they are unable to make their own decisions. 5/5/2017