Health Careers Today: Legal and Ethical Practices

confidential

confidential

private or secret

ethics

dealing with what is good or bad, determining moral duty and obligation

informatics

study of information processing, computer science

informed consent

agreement to surgical or medical treatment with knowledge of the facts and risks involved with the treatment and alternatives

jurisprudent

understanding the science or philosophy of law, especially pertaining to a particular industry

legal

deriving authority from or founded on law

liable

legally responsible

libel

communication something untruthful and harmful about another person IN WRITING

malpractice

failure of professional skill or learning that results in injury loss or damage

moral

relating to principles of right and wrong

negligence

failure to execute the care that a reasonable (prudent) person exercises

slander

VERBALLY communicating something untruthful and harmful about another person

telehealth

use of technology to deliver health-related services and information, including telemedicine

telemedicine

use of telecommunications technology to provide, improve, or make health care services faster

abandonment

neglecting a patient or client under and in need of immediate professional care, without making reasonable arrangements for the continuation of such care

assault

a threat or an attempt to injure another person in an illegal manner 

battery

unlawful touching of another person without consent, with or without injury

breach

breaking the law, an obligation, or the terms of a contract 

civil law

defines the legal relationships between individuals

common law

unwritten law; customs that may have authority or have been established by prior court decisions

conduct

behavior or a person’s actions

consent

permission granted by a person voluntarily and in sounds mind; written consent is most easily proved

crime

performing an act that is forbidden or omitting a duty required by public law, making the offender liable for the action

criminal law

defined the legal obligation between an individual and the state or society

duty of care

by law, health care workers must perform services in a manner that meets common standards of practice

ethics

standards of behavior and practice that are established by a professional organization for its members

felony

a serious crime for which the penalty is imprisonment for more than 1 year

ideal

standard of perfection or excellence

illegal restraint

holding or detaining a person against his or her will

invasion of privacy

unlawfully making known to the public any private or personal information without the consent of the wronged person

licensure

authorization by the state to perform the functions of an occupation for which educational and examination standards are specified

litigation

a lawful or legal action

misdemeanors

crimes that are less serious than felonies and result in imprisonment for less than 1 year

privileged communication

personal or private information relating to the care given by health care personnel

reasonable care

services given in a manner appropriate to the level of education and experience of the health care worker

statutory law

law established by the legislative branch of government that determines what is legal

tort

civil wrong

unethical

action that does not represent ideal behavior but might not be illegal

value system

ideals and thoughts that determine what is considered worthwhile or meaningful, right or wrong

will

written document that allows a person to distribute property after death

What is the most liable area for healthcare?

charting

What is a healthcare chart?

a legal record of care given to a client, must be precise, clear, and concise

What are some examples of advanced (legal) directives?

living will, organ donation, DNR, healthcare proxy, autopsy, power of attorney

What does the internal review board do?

review professional and ethical conduct in a facility to see if they stay in scope of practice

Informed consent includes:

• description of treatment

• description of alternatives

• risks, benefits, and unknown factors of alternatives

• patient questions

• assessment of patient understanding

• agreement by patient for procedure

What is the importance of HIPPA specific to this chapter?

• protect patient information

• federal law passed in 1996 by Congress

• reduce overhead cost to ensure a patient with preexisting condition is still covered if insurance changes

scope of practice

the limits set by each state of what each health care professional can do

Patient’s Bill of Right

1. the patient has a right to confidentiality and personal privacy

2. the patient has a right to quality care without mistreatment, neglect, or abuse

3. the patient has a right to voice grievances without fear of retaliation

4. the patient’s personal possessions must be cared for and kept secure while care is being given

healthcare proxy

legally binding document to allow you to appoint 2 people to speak on your medical behalf if you are unable to

What are some ways to demonstrate ethical behavior?

1. promote wellness

2. preserve life

3. provide adequate and continuous care for all patients

4. know and do not exceed the limits of practice

5. maintain competence by continuing education

6. practice jurisprudence

What are some ways to demonstrate unethical behavior?

1. disrespecting a patient’s religion

2. assault

3. libel

4. slander

5. malpractice