Health Care Laws and Ethics

Medical ethics

whether actions are right or wrong.

Medical law

whether actions are legal or illegal.

Ethics committees

healthcare facilities consider ethical problems that affect the care and treatment of

patients.

Values

are the concepts, ideas, and beliefs that are important and meaningful to a person.

Medical law

governs the legal conduct of members of medical professions.

Civil law,

any laws that enforce private rights, not criminal behavior.

Criminal law

deals with criminal behavior and pertains to crimes in which the guilty party is punished by incarceration (jail or prison), fines, or both.

contract.

When a patient and a doctor form a relationship, their relationship is considered a

physical invasion of privacy

occurs when a healthcare worker does not protect the modesty of a patient.

informational invasion of privacy

occurs when a worker reveals a patient’s personal information without

the patient’s consent

Patients’ Bill of Rights

a list of guarantees for those receiving medical care. It may take the form of a

law or a non binding declaration.

ombudsman

Ensures that patients are not abused and that their legal rights are protected.

Patient Self-Determination Act

requires healthcare institutions to inform patients of their rights:

Right to participate in and direct healthcare decisions

Right to accept or refuse medical or surgical treatment

Right to prepare an advance directive

Right to view information on the facility’s policies about

recognizing advance directives

Right to know how the facility educates its staff regarding

advance directives

advance directive

legal document in which a patient gives written instructions about healthcare decisions for when he/she is incapacitated.

do not resuscitate (DNR) document

states that CPR or other advanced cardiac life support should not be performed if a patient stops breathing or a patient’s heart stops.

durable power of attorney

grants another person the authority to make legal decisions for you.

guardian

a person appointed by a court to make decisions to protect the interests of a patient

who is mentally or physically incapacitated.

emancipated minor

is a person under 18 years of age who is financially and legally responsible for

herself or himself.

Duty of care

a legal obligation for healthcare personnel to take reasonable care to avoid causing

harm to a patient.

Negligence

refers to performing an act that a reasonable person would not have done, or not doing

something that a reasonable person would have done in the same or similar circumstance, resulting in harm to a patient.

Good Samaritan Laws

protect people from legal action after they have given free emergency medical

aid while using reasonable care.

Reasonable care

is legal protection for the healthcare worker if it can be proven

that the worker acted reasonably as compared to other members of the profession in a same or similar situation.

Arbitration

a method of resolving disputes outside the courtroom

Malpractice

any misconduct or lack of skill that results in patient injury.

Assault

occurs when your words or actions make another person fear that he may be harmed.

Battery

refers to touching a person without permission. Healthcare workers must be careful not to treat patients in a way that could be seen as assault or battery.

Defamation

the act of damaging someone’s good name or reputation.

slander

Verbal defamation is called

libel

Written defamation

Abuse

any action that results in physical or mental harm.

Physical abuse:

abuse: hitting, depriving someone of food and/or water, restraining a patient when it is not necessary, or refusing to administer physical care

Psychological abuse:

threats, intimidation, or making fun of someone in a cruel manner

Verbal abuse:

swearing, speaking harshly, and name calling

Sexual abuse:

sexual touching and acts, using sexual gestures, or suggesting sexual behavior

Domestic abuse:

one partner in an intimate relationship abuses the other

Child or elder abuse:

abuse is inflicted upon individuals of a particular age

Standard of Care

defined as reasonable and prudent care that a practitioner of similar qualifications would have performed in the same or similar situation

statute of limitations.

the amount of time during which legal action can be taken about a matter.

scope of practice

all of the skills that he/she is trained for and allowed to use.

Confidentiality

the practice of allowing only certain individuals the right to access information.

the Health Insurance Portability and Accountability Act (HIPAA)

established national standards to protect individuals’ medical records and other

personal health information.

informed consent

doctor must inform the patient of the benefits and risks of the procedure, using easily

understandable words, before permission is given. If the patient is willing to accept the risks involved, a consent form, is signed

Sexual harassment

unwanted sexual advances and other forms of offensive sexual behavior.

Discrimination

the act of unfairly treating a person or a group of people differently from others.