Download Legal and Ethical Issues in Health Care

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.