Legal and Ethical Outline

Define the term Scope of Practice

the procedures, processes and actions that health care provides are legally permitted to perform in keeping with the terms of their professional license or registration.

Define the term Standard of Care: (Professional Standards)

case providing by other health care workers under the same circumstances with similar training

What are laws? Who creates and enforces them?

Laws-rules that mast be followed. laws are created and enforces by the federal, state or local governments

Two main types of laws affect health care workers: criminal and civil laws. Explain both:

Criminal laws focuses on behavior known as crime; deals with the wrongs against a person, property or society

Civil Law: focuses on the legal relationships between people and the protection of people of a person's rights in heath care, civil law usually involves torts and contracts

What is a tort?

a wrongful act that does not involved a contract. called civil wrong occurs when a person is harmed or injured because of health provider

Define each type of tort:

Assault

includes a threat or attempt to injure

Define each type of tort:

Battery

includes the unlawful touching of another person without consent

Define each type of tort:

False Imprisonment

refers to restraining an individual or restricting on individuals freedom without authorization.

Define each type of tort:

Invasion of Privacy

Physical and informational, includes unnecessarily exposing an individual, while informational invasion of privacy refers to reveling personal information without absent.

Define each type of tort:

Defamation of Character

occurs when at false statements either cause a person to be ridiculed or damage the person's reputation

Define each type of tort:

Slander and Libel

Slander: if the information is spoken Libel: if it was is written

Define each type of tort:

Abuse

includes any care that results in physical ham, pain or mental anguish

Define each type of tort:

Malpractice

can be interpreted as “bad practice” and is commonly called "professional negligence" can be defied as the failure of a professional to use the degree of skill and learning commonly expected in that individual’s profession, resulting in injury, loss or damage to the person receiving care.

Define each type of tort:

Negligence

can be described as failure to give care that is normally expected of a person in a particular position, resulting in injury to another person

When does domestic abuse occur?

occurs when an intimate partner, uses threats, manipulation, aggression, or violent behavior to maintain power and control over another.

What is child abuse?

abuse directed towards a child

What is elder abuse?

abuse directed toward an older person

List the signs and symptoms that may indicate abuse:

1. unexplained bruises, fractures, bums, injuries

2. signs of neglect such as poor personal hygiene

3. irrational fears on change in personality on

4. aggressive or withdrawn abuse

5. patient statements that indicate abuse or neglect

What is informed consent?

permission granted voluntarily by a person who is of sound, mind and who has been

Contracts:

What is a contract?

an agreements between two or more parties

Contracts:

List and explain the 3 parts of a contract

Offer: a health care facility of provider has a treatment , or services they can offer to a patient; competent individual offers to be a patients

Acceptance: a patient makes an appointment the heath care facility or provider and accepts the treatment or services offered, the health care facility or provider accepts the individual as a patient

Consideration: the patient receives treatment or services; the health care facility or provider receives payment from the patient.

Contracts:

What is an implied contract

obligations that are understood without verbally expressed terms.

Contracts:

What is an expressed contract

stated in distinct and clear language either or ally or in writing

What is Privileged Communications?

compromise all information given to health care personnel by a patient

A. Explain what the law says about this type of communication

by law; this information must be kept confidential and shared only with other members of a patients’ health care team. It cannot be told to anyone else without the written consent of the patient.

Privileged communication cannot be told to anyone else without the written consent of the patient

A. What information should the consent state?

The consent should stale what information is to be released to where the information should be given, and entry any applicable time limit

Certain information is exempt by law and must be reported in accordance with facility policy.

A. List examples of exempt information

• Births and deaths

• Injures caused by violence (such as assault and battery, abuse, or stabbings) that may require police involvement

• Drug abuse

• Communicable diseases

- Sexually transmitted diseases

Who does the health care record belong to?

the health care providers

Can the patient see and obtain a copy of their health care record?

yes

Can health care records be used as legal records in a court of law?

Yes

List examples of these safeguards

• limiting the personnel who have access to such records

• requiring the use of iris scans or fingerprints to access access records

• using codes to prevent access to certain information

• requiring passwords its access specific information on records

• constantly monitoring and evaluating computer use

Privacy Act:

What does HIPAA stand for?

Health Insurance Portability and Acountability Act

Privacy Act:

What does HIPAA regulations in the Privacy Rule require?

regulations require every health care provider to inform patients

Privacy Act:

Why does the patients have to sign a consent form?

patients must sign a consent form acknowledging that they have received the information for diagnosis, treatment, billing, insurance claims, on qualify of care assessments.

Privacy Act:

What form that must be signed by the patient before a health care provider can release patient information to anyone?

an authorization form of information

aa. What information does this form need to contain?

must identity the purpose or need to the information, the extent of information, the date of authorization, and the signature of the person authorized to give consent.

bb. List examples of exempt information:

Births, deaths, injures, caused by violence that require police involvement; victims of abuse or neglect; communicate disease; sexually transmitted infections

Ethics:

Define the term

a set of principles relating to what is morally right or wrong

Ethics:

What do they provide?

Ethics provide a standard code of conduct or code of behavior

Ethics:

What is an ethical dilemma?

occurs when a person encounters conflicts among values, duties, rights, and obligations

What does the term confidentiality mean?

the information about the patient must remain private and can be shared only with the members of the patients’ heath care team

Omnibus Budget Reconciliation Act (OBRA) of 1987

Residents in long-term care facilities are guarantee certain rights under this act

Give a brief explanation of this act

OBRA act creates a set of national minimum set of standards of care and rights for people living in certified nursing facilities

Advance Directives also known as Legal Directives

A. What is the purpose of an Advance Directive for health care?

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

Advance Directives also known as Legal Directives

B. List the 2 main types of advance directives and give a brief explanation of each

Living will: documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal (death is expected) (must be signed) (when witnessed by who can't benefit)

To meet legal requirements what must be completed on a Durable Power of Attorney?

The PDA must be signed by the principal, agent, and one or two adult witnesses.

A. What does the acronym DNR mean?

Do Not Resuscitate

B. Explain what a DNR order means?

The DNR order means the cardiopulmonary resuscitation is not performed when she patient stops breaking

Patient Self-Determination Act (PSDA) of 1990:

What does this act ensure?

ensures that patients are informed at their rights and have the opportunity to determine the care they'll receive

Name the 4 types of abuse and give a few examples of each.

1. Physical abuse : hitting, forcing people against their will, restraining movement , depriving people of food or water, and not providing physical care.

   2.Verbal Abuse: speaking harshly, swearing and showing using inappropriate words to describe a person's race or nationality, and writing threats or abusive statements

2. Psychological Abuse: threatening harm, denying rights; betting, intimidating, or ridiculing the person; and threatening to reveal information about the person.

3. Sexual House: any sexual touching or act, using sexual gestures, and suggesting sexual behavior, even if the patient is wiling or tries to intimate it.