Legal & Ethical Responsibilities

Morals

Formed by your personal values and reflect your concept of right and wrong.

Ethics

Guidelines/Standards of behavior developed alongside morals, established by a society.

Laws

Set of governing rules. A rule of conduct or action, which are enacted (made) and enforced by a controlling authority.

What is the main purpose of laws?

To protect the public and to promote smooth functioning of society.

What is the main purpose of ethics?

To raise standard of competence and to build values and ideals.

What is the main purpose of morals?

To serve as a guide for personal conduct and to serve as a basis for forming personal code of ethics.

What are the consequences of ethics?

Suspension or eviction from professional membership, as decided by peers.

What are the consequences of ethics?

Suspension or eviction from professional membership, as decided by peers.

What are the consequences of morals?

Difficulty in getting along with others.

Criminal Law

Focuses on wrongs against a person, property, or society.

Civil Law

Focuses on legal relationships between people and protection of personal rights.

Torts

A wrongful act that doesn’t involve a contract.

Types of Torts

Malpractice, negligence, assault and battery, invasion of privacy, false imprisonment, abuse, and defamation (Slander & Libel)

Malpractice

Failure to use degree of skill/learning leads to injury loss damage.

Negligence

Practitioner fails to exercise ordinary, or expected care and patient is injured or sustains damages as a result.

Assault

A threat or attempt to injure

Battery

The unlawful touching of another person without consent

Physical invasion of privacy

Unnecessarily exposing an individual.

Informational invasion of privacy

Revealing personal info about an individual without person‘s consent

False imprisonment

Physically restraining and preventing movement of a patient without proper authorization or justification.

Abuse

Care result in physical harm pain or mental anguish.

Defamation

False statements, either cause a person to be ridiculed or damage to the person’s reputation.

Slander

Information is spoke

Libel

If info is written

Patients Rights

The right to privacy, confidentiality, informed consent, refuse treatment, access medical records, respect and dignity, quality care, know their care plan, ask questions, make complaints, emergency care, choose a healthcare provider.

Client Autonomy

The freedom over one’s own moral & legal affairs

Law of Agency

Legal doctrine says an employer is responsible/liable for actions of employees

Informed Consent

Permission granted by a person who is of sound mind, has been instructed on situation, & understands all the risks involved. (Must be documented)

Implied Consent

When children and teens are seen in an emergency department without their parents or legal guardians, emergency department physicians wrestle with a host of legal and ethical concerns. If an emergency medical condition (EMC) Is identified on the exam then implied to consent is given to treat this condition but if no EMC is identified then all non-urgent treatment should be delayed until parental consent is obtained.

Clients Responsibilities

Providing info on past illnesses, hospitalization’s meds, etc., related to health status informed decision-making by asking questions if not fully understanding copy of written advance directives if any Important physicians and caregivers about anticipated problem of procedure, following physicians orders for treatment and providing necessary insurance Information and claim forms.

Living Will

Provide instructions directly to healthcare providers involved in clients medical treatment. May include treatments and medication to suspend, at what stage of illness to suspend treatment and medications and a DNR

Durable Power of Attorney

Give one person, designee the authority to make a variety of legal decisions on behalf of another grantor. Usually, when the Grant cannot make decisions for example of a coma, mental incompetence or other restrictive reason. It may include specific Instructions regarding Grant’s medical preferences and limitations of the designee

Health insurance, portability, and accountability act (HIPAA)

Provider/faculty gives Patient a copy of laws protecting their PHI. The right to notice of privacy practices, The right to limit or request restriction on their PHI, the right to confidential communications, The right to inspect an obtain copy of PHI, the right to request an amendment of PHI, the right to know if PHI has been disclosed and why.

PHI

Protected health information which is stored in the patient’s medical record or chart.

IIHI

Individual identifiable health information. The health insurance number, Social Security number, etc.

Confidentiality

Legal and ethical right to have personal medical information kept private.

Bill of Rights

The basic rights that protects patients

Standard of Care

Legal doctrine says a standard must be met or else you’re held liable for any harm done to patient.

Scope of Practice

Performance of duties must fall into their scope or job description level of training and qualifications.