Legal and Ethical Notes

Legal and Ethical Responsibilities in Healthcare

Legal/Ethical Terms Review

  • mal-: bad, abnormal

  • geront/o: elderly

  • CA: cancer

  • DOA: dead on arrival

  • CPR: cardiopulmonary resuscitation

  • DNR: Do Not Resuscitate

Legal Responsibilities

  • Legal responsibilities refer to norms or duties that are recognized and enforced by law.

  • These responsibilities include both civil and criminal laws:

    • Civil Laws: Concern relationships between individuals and the protection of personal rights.

    • Criminal Laws: Focus on wrongs against individuals, property, or society.

    • Example: Practicing medicine without a license, murder.

Legal Responsibilities: Criminal Law

  • Criminal law pertains to actions that violate societal laws meant to protect individuals and maintain order.

  • Examples:

    • Practicing medicine without a license.

    • Committing murder.

Legal Responsibilities: Civil Law

  • Civil law involves the legal relationships and personal rights among individuals.

  • Torts: Legal wrongs committed against a person that do not involve a breach of contract.

    • Occurs when a healthcare provider’s negligent act causes harm to a patient in their care.

Common Torts

Malpractice
  • Definition: Bad practice; a failure of a professional to adhere to the expected standard of care resulting in injury, loss, or damage to the patient.

    • Example: A doctor fails to administer a tetanus shot to a patient with a puncture wound, leading to infection.

Negligence
  • Definition: The failure to provide care that is expected of a person in a certain position, leading to unintended injury to another.

  • Examples:

    • Not reporting defective equipment.

    • Delayed treatment or surgery.

Assault and Battery
  • Assault: A threat or attempt to inflict injury on another person.

  • Battery: Unlawful physical contact with another person without consent.

    • To Avoid Charges of Battery: Always explain procedures, obtain informed consent when applicable.

    • Informed Consent: Voluntary permission granted by a patient of sound mind after all risks and procedures have been explained in a comprehensible manner.

Invasion of Privacy
  • Definition: Unnecessarily exposing or revealing a person's private information without consent.

False Imprisonment
  • Definition: Restraining an individual or restricting their freedom without legal justification.

Abuse
  • Definition: Any care that inflicts physical harm, pain, or mental suffering.

  • Types of Abuse:

    • Physical Abuse

    • Verbal Abuse

    • Psychological Abuse

    • Sexual Abuse

Defamation
  • Definition: False statements that harm a person's reputation, leading to ridicule.

  • Types of Defamation:

    • Libel: Written defamatory statements.

    • Slander: Spoken defamatory statements.

Protection Against Lawsuits

  • Medical Malpractice Insurance: Essential for healthcare workers to shield against malpractice claims.

    • Average Cost: Approximately $40,000 per year.

    • Higher Rates: Certain specialties like OB/GYN and Surgeons may incur costs ranging between $100,000 and $200,000 per year.

Contracts

  • Definition: Legal agreements between two or more parties.

Parts of a Contract
  1. Offer: A competent individual proposes to receive care from a healthcare provider.

  2. Acceptance: The healthcare provider agrees to treat the individual.

  3. Consideration: The patient compensates for the provided services.

Types of Contracts

  • Implied Contracts: Obligations are understood without being explicitly stated.

    • Example: A qualified professional prepares medication which a patient takes without verbal agreement.

  • Expressed Contracts: Clearly articulated agreements, either orally or in writing.

    • Example: A signed surgical permit.

  • Breach of Contract: Occurs when a contract is not fulfilled according to its terms, which may lead to legal action.

Who May Not Enter into a Legal Contract

  • Individuals with legal disabilities cannot form binding contracts, including:

    • Minors (under 18).

    • Mentally incompetent individuals.

    • Persons who are semiconscious or unconscious.

    • Individuals under the influence of mind-altering drugs.

Principal/Agent Relationship

  • Definition: The principal (patient) appoints an agent (healthcare provider) to make treatment decisions on their behalf.

  • This relationship forms a type of contract.

  • Most medical malpractice cases result from:

    • A healthcare provider's breach of duty to a patient that results in injury.

    • Dissatisfaction from patients arising from inadequate relationships with healthcare providers.

Privileged Communication

  • Definition: All information shared by a patient with healthcare personnel must remain confidential and is only shared among healthcare team members.

  • Written Consent: Required for the release of information to individuals outside the healthcare team.

Exemptions from Privileged Communication Rules

  • Information may be shared without consent in specific circumstances such as:

    • Births and deaths.

    • Injuries resulting from violent acts that necessitate police involvement.

    • Instances of drug abuse.

    • Communicable diseases.

    • Sexually Transmitted Diseases (STDs).

HIPAA (Health Insurance Portability and Accountability Act of 1996)

  • Purpose: Sets federal regulations for the protection of healthcare information.

Key Components
  1. Privacy Rule: Governs the usage and sharing of identifiable healthcare information.

  2. Security Rule: Enforces protective measures for electronic healthcare information.

  • Applies to health insurance firms, billing companies, and healthcare providers.

  • Consequences for Non-compliance: Can incur criminal or civil penalties.

Additional Information

  • Patients can specify methods for appointment reminders and treatment discussions.

  • Healthcare providers must manage voicemail messages carefully to avoid unauthorized access to private information.

  • Medical records should be protected from unauthorized viewing and handled according to facility protocols.

Medical Documentation

  • Definition: Written notes and documents in a medical record, outlining patient care and information.

  • Medical Record: A chronological collection of documents providing a comprehensive health history of a patient.

    • Also known as a medical chart or patient record.

General Rules for Medical Documentation
  1. Use black or blue ink for any entries in a patient record.

  2. For corrections, strike through the mistake with a single line, make the correction, and initial it.

  3. Adhere to facility policies regarding medical terminology and abbreviation use.

Purpose of Medical Documentation

  • Promotes continuity and coordination of care.

  • Reinforces decision-making capabilities among healthcare providers.

  • Ensures accountability among staff members.

  • Highlights the rule: "If it is not documented, it did not happen!"

  • Aids in retaining information accuracy.

  • Provides legal protection.

  • Ensures compliance with regulatory agencies like JCAHO (Joint Commission on Accreditation of Healthcare Organizations).

  • Enhances cost-containment by preventing unnecessary procedures.

  • Lessens the chances of insurance claim denials.

  • Supplies data for investigations.

Patient’s Bill of Rights

  • Defined by the American Hospital Association, detailing what patients can expect in their care:

    • Considerate and respectful treatment.

    • Access to complete and current information about diagnosis, treatment, and prognosis.

    • Information needed to give informed consent.

    • Right to refuse treatment within the law’s limits.

    • Assurance of confidentiality.

    • Timely responses to service requests.

    • Knowledge of relationships between hospitals and other institutions.

    • Right to refuse participation in research.

    • Expectation of continuity of care.

    • Right to review medical bills.

    • Awareness of hospital rules and methods for grievance resolution.

Final Reminder

  • It is the responsibility of healthcare workers to know their job duties, the scope of their responsibilities, and the rights belonging to their patients.

  • Defense of ignorance (“I did not know”) will not suffice.

Ethics

  • Definition: A compilation of principles concerning what is deemed morally right or wrong.

  • Difference from Laws: Laws are enforced mandates, whereas ethics suggest a moral framework for action.

Discussion Points

Influences on Understanding of Morality
  • Reflect on individuals who significantly influenced your comprehension of right and wrong.

Personal Values
  • What do you value most in life, and why?

    • Options may include:

    • Security, Creativity, Learning, Honesty, Integrity, Empathy, Tolerance, Success, Love, Courage, etc.

Basic Ethical Principles in Health Care

  1. Place the greatest importance on saving lives and promoting health.

  2. Treat all patients equitably.

  3. Maintain competence in professional skills.

  4. Uphold confidentiality.

  5. Avoid unethical, illegal, or immoral practices.

  6. Show loyalty to patients, colleagues, and employers.

  7. Interact with others with the same dignity and respect expected for oneself.

Discussion Points

Qualities of Professional Integrity
  • Identify three essential qualities necessary for maintaining professional integrity within healthcare.

Benchmarks for Moral Decisions
  • Discuss the benchmarks used for moral decision-making and their origins.

ADVANCED DIRECTIVES

  • Definition: Legal directives known as advance directives allow individuals to specify their preferences for medical treatment in case they are incapacitated and cannot communicate their wishes.

  • Types:

    • Living Will

    • Durable Power of Attorney (POA)

    • DNR (Do Not Resuscitate)

    • FAL (Some other legal form)

ADVANCE DIRECTIVES FOR HEALTH CARE

  • Purpose: These legal documents facilitate clear communication of medical treatment preferences when a person cannot convey wishes due to incapacitation.

  • Main Directives:

    • Living Wills

    • Durable Power of Attorney (POA)

LIVING WILL

  • Definition: A living will is a document expressing wishes regarding medical interventions to prolong life when facing a terminal illness.

  • Key Features:

    • Specifies measures to be taken or not taken to prolong life under terminal conditions.

    • Must be signed by the individual while competent and witnessed by two adults who cannot benefit from the death.

    • Frequently results in a DNR order: CPR is not performed, allowing the patient to die naturally.

    • Can be challenging for health professionals to honor due to ethical and emotional dilemmas.

  • Legal Terminology:

    • Also recognized as an advanced directive, health care directive, or physician’s directive.

    • Important to note: Often confused with a living trust.

    • Acts as a voice in medical situations when the individual is unable to communicate.

REQUIREMENTS FOR LIVING WILL

  • Content: Should clearly indicate desired and undesired treatments in cases of terminal illness or permanent vegetative state.

  • Activation: Becomes effective only when the individual is incapacitated; until then, they can still express treatment preferences.

LIVING WILL (CONTINUED)

  • Procedural Requirements:

    • May require confirmation from at least two doctors that the individual is terminally ill or permanently unconscious for it to take effect.

    • Example: In the event of a heart attack, the individual will be resuscitated despite not wanting life-prolonging measures stated in their living will, until the conditions for activation are met.

  • Use Case: A living will is invoked only when hope for recovery is nil.

POWER OF ATTORNEY

  • Definition: A legal document allowing the appointment of another individual to manage affairs when the individual is incapacitated.

  • Types of POA:

    • General Power of Attorney

    • Special Power of Attorney

    • Health Care Power of Attorney

    • Durable Power of Attorney

    • Revocation of Power of Attorney

DURABLE POWER OF ATTORNEY (POA)

  • Function: Grants permission for one person to make health care-related decisions on behalf of another who is unable to do so.

  • Common Designations: Typically assigned to spouses or adult children, but can be given to any qualified adult.

  • Signatures Needed: Must be signed by both the principal (the person granting the power) and one or two adult witnesses.

HEALTH CARE POWER OF ATTORNEY

  • Usage: Relevant in instances where the individual is incapacitated and cannot articulate wishes, but their situation doesn't necessitate a living will.

  • Alternate Terms: Often referred to as a health care proxy.

  • Authority Granted: Empowers another person to make health care decisions if the principal becomes incapacitated.

  • Consideration: The designated person should take into account what the principal would prefer in health care scenarios.

  • Communication: Discussing preferences with the appointed proxy eases decision-making burdens during challenging times.

PATIENT SELF-DETERMINATION ACT (PSDA)

  • Overview: A federal law mandating health care facilities to fulfill certain responsibilities regarding advance directives.

    • Obligations:

    • Inform every adult about their rights related to medical directives.

    • Offer assistance in preparing advanced directives and ensure documentation in medical records.

    • Confirm that no discrimination occurs based on the existence of an advance directive.

    • Provide education for staff regarding the PSDA and advance directives.

  • Implication: Health care professionals must understand and honor the PSDA.

DNR (DO NOT RESUSCITATE)

  • Definition: A legally binding document delineating that resuscitation efforts should not be attempted in cases of cardiac or respiratory arrest.

  • Issuance: Can originate from an individual’s advance directive or through a decision-maker who holds authority on their behalf.

  • Texas Protocol: In Texas, a DNR is established when the patient, family, and physician concur that resuscitation would result in unacceptable quality of life.

ADVANCED DIRECTIVES (GENERAL)

  • Awareness: These documents are ineffective if their existence is unknown.

    • Recommendation: Communicate with both healthcare providers and the designated health care proxy about these documents.

RIGHT TO DIE

  • Concepts:

    • Euthanasia: The active process of causing death deliberately.

    • Physician-assisted death: Conducted solely to relieve suffering when imminent death is a certainty.

  • Legal Status: This practice is permitted in only eight states currently.

Legal Responsibilities

Overview of Legal Responsibilities

  • Definition: Legal responsibilities are actions that are authorized or mandated by law.

  • Types of Law:

    • Civil Laws: Laws concerning disputes between individuals and the protection of individual rights.

    • Criminal Laws: Laws regarding actions considered harmful to society as a whole.

Criminal Law

  • Focus: Addresses wrongs against individuals, property, or society.

  • Examples:

    • Practicing without a license.

    • Murder.

Civil Law

  • Focus: Governs legal relationships between individuals and ensures the protection of a person’s rights.

  • Key Concepts:

    • Torts: Wrongful acts that do not involve contracts. Examples include failure to adhere to the expected standards of care leading to harm.

Common Torts

  • Malpractice: The failure of a professional to meet the expected standard of skill and knowledge in their field, resulting in harm to a patient.

    • Example: Not providing a tetanus shot to a patient with a puncture wound.

  • Negligence: The failure to provide care that a reasonable individual in a similar position would provide, ultimately leading to harm to another person.

    • Example: Not reporting defective medical equipment.

  • Assault: Making threats or attempts to cause harm.

  • Battery: Unlawful physical contact with another person without consent.

    • Important: To avoid charges of battery, healthcare providers must obtain informed consent, which is permission granted voluntarily by the patient, after the procedure and all associated risks have been explained clearly.

Additional Legal Terms and Situations

  • Invasion of Privacy: Exposing an individual or disclosing personal information without consent.

  • False Imprisonment: Unjustly restraining someone’s freedom.

  • Abuse: Any form of care that leads to physical harm, pain, or mental anguish. It can take many forms, including:

    • Physical Abuse

    • Verbal Abuse

    • Psychological Abuse

    • Sexual Abuse

  • Defamation: Making false statements that harm an individual's reputation.

    • Types:

      • Libel: Written statements.

      • Slander: Spoken statements.

Legal Protections for Healthcare Workers

Medical Malpractice Insurance

  • Purpose: Protects healthcare professionals from lawsuits.

  • Average cost: Approximately $40,000 annually.

  • Higher rates for specific specialties such as:

    • OB/GYN: $100,000 - $200,000 per year.

Contracts in Healthcare

  • Definition: Agreements between two or more parties.

  • Key Components of a Contract:

    1. Offer: Competent individual offers to engage with a healthcare provider as a patient.

    2. Acceptance: The provider agrees to treat the patient.

    3. Consideration: The patient pays for the services provided.

  • Types of Contracts:

    • Implied Contracts: Obligations understood without explicit terms.

    • Example: When a qualified professional prepares medication and the patient consumes it.

    • Expressed Contracts: Clearly stated agreements, either orally or in writing.

    • Example: Surgical permits.

  • Contract Breaches: Failure to perform according to the agreement can cause legal action.

Legal Capacity to Contract

Individuals Who Cannot Enter into Contracts:
  • Persons with legal disabilities:

    • Minors (under 18)

    • Mentally incompetent individuals

    • Person under the influence of drugs that affect mental state

    • Semiconscious/unconscious individuals.

Liability for Breached Contracts

  • Agent: Individual acting under the supervision of an employer.

  • Principal: The employer who is accountable for the actions of the agent.

Privileged Communication

  • Definition: All information received by healthcare personnel from a patient must be kept confidential.

  • Limitations: Can be shared only among healthcare team members or with written consent from the patient.

Exceptions to Privileged Communication:

  • Situations that can be disclosed without consent include:

    • Births and deaths.

    • Injuries demanding police involvement.

    • Instances of drug abuse.

    • Communicable diseases, including STDs.

HIPAA Compliance

Health Insurance Portability and Accountability Act of 1996

  • Established guidelines by the Department of Health and Human Services.

  • Key Components:

    1. Privacy Rule: Governs the use and sharing of identifiable health information.

    2. Security Rule: Requires safeguards for protecting electronic health information.

  • Scope: Applies to health insurance companies, billing entities, and healthcare providers.

  • Consequences for non-compliance: Criminal or civil penalties.

Patient Communication and Privacy

  • Patients may request appointment reminders and treatment discussions over specific phone numbers, ensuring minimal information is left on voicemails.

  • Medical files should be positioned to ensure privacy and confidentiality in public areas.

Patient Rights and Responsibilities

Patient’s Bill of Rights

  • Outlined by the American Hospital Association detailing expected care:

    • Respectful and considerate care.

    • Complete and current information regarding diagnosis, treatment, and prognosis.

    • Information necessary for informed consent.

    • Right to refuse treatment within legal limits.

    • Reasonable responses to service requests.

    • Access to information about hospital relationships.

    • Autonomy in research participation.

    • Expectation of continuity of care.

    • Freedom to review medical bills and resolve grievances.

Terminology Practice

Key Terminology Definitions

  • DNR: Do Not Resuscitate.

  • Gerontology: Study of the elderly.

  • CPR: Cardiopulmonary Resuscitation.

  • DOA: Dead on Arrival.

  • Malcardiology: Study of a bad heart.

Ethics in Healthcare

Definition of Ethics

  • A set of principles determining moral right and wrong actions.

Basic Ethical Principles in Healthcare:

  1. Prioritize saving lives and promoting health.

  2. Ensure equality of care for all patients.

  3. Maintain professional competency.

  4. Uphold confidentiality.

  5. Avoid immoral, unethical, and illegal practices.

  6. Exhibit loyalty towards patients, colleagues, and employers.

  7. Treat others with dignity and respect.

Legal Directives and Patient Autonomy

OBRA: Omnibus Budget Reconciliation Act (1987)

  • Established certain rights for residents in long-term care facilities.

Advance Directives for Healthcare

  • Definition: Legal documents expressing desired medical treatments when an individual cannot communicate their wishes.

  • Main Directives:

    • Living Wills: Indicate desired measures to prolong life when terminally ill.

    • Durable Power of Attorney (POA): Appoints a person to make healthcare decisions on behalf of the individual.

Living Will

  • Allows individuals to specify treatments to be initiated or withheld when facing terminal conditions.

  • Requirements:

    • Must be signed while competent and witnessed by two adults without interest in the individual's death.

  • Typically results in DNR status under specific circumstances where recovery is deemed hopeless.

Durable Power of Attorney (POA)

  • Grants an appointed individual authority to make healthcare decisions for a person unable to do so.

  • Must be signed by both appointor and appointee, with witness signatures as well.

Health Care Proxy

  • A specific type of POA used for medical situations when an individual is incapacitated but not necessarily at life’s end.

Communication and Awareness of Advanced Directives

  • Importance of informing the healthcare provider and the designated health care proxy about existing advance directives to ensure wishes are honored.

Legal Terminology in Healthcare

  1. Advance Directive

    • Legal document stating a person’s medical wishes if they cannot communicate.

  2. Abuse

    • Intentional harm or mistreatment of another person.

  3. Assault

    • Threat or attempt to harm someone physically.

  4. Autopsy

    • Examination of a body after death to find the cause of death.

  5. Battery

    • Unwanted or harmful physical contact with another person.

  6. Biological Death

    • Permanent end of all vital body functions.

  7. Civil Law

    • Laws dealing with relationships between people, typically not related to crimes.

  8. Clinical Death

    • Condition when heartbeat and breathing stop temporarily.

  9. Conflicts of Interest

    • Circumstances when personal gain interferes with one's professional duties.

  10. Competent Patient

    • A patient who is able to understand medical information and make informed health decisions.

  11. Confidentiality

    • The practice of keeping patient information private and not sharing it without permission.

  12. Criminal Law

    • Laws that pertain to crimes and corresponding punishment.

  13. DNR (Do Not Resuscitate)

    • A medical order that states CPR or advanced life-saving measures should not be performed if breathing or heartbeat stops.

  14. Euthanasia

    • The act of intentionally ending a life to relieve suffering.

  15. Ethical Dilemma

    • A situation where there is no clear right or wrong moral choice and conflicting ethical principles exist.

  16. Ethics

    • Moral principles that guide behavior and decision-making, particularly in healthcare.

  17. False Imprisonment

    • Illegally holding someone against their will without legitimate reason.

  18. HIPAA (Health Insurance Portability and Accountability Act)

    • A law aimed at protecting patient health information privacy.

  19. Hospice

    • Care provided for terminally ill patients focusing on comfort rather than curative treatment.

  20. Informed Consent

    • Permission granted by a patient after understanding the risks and options regarding treatment.

  21. Invasion of Privacy

    • Disclosing personal information without consent.


Legal Concepts Related to Contracts

  1. Legal Disability

    • A condition that affects the ability to make legal decisions; includes individuals such as:

      • Minors (under legal age)

      • Mentally incompetent individuals

      • People under the influence of drugs or alcohol

      • Semi-conscious or unconscious individuals

  2. Libel

    • A false written statement that harms someone’s reputation.

  3. Living Will

    • A legal document where individuals state their preferences regarding medical treatment when they become incapacitated or terminally ill.

  4. Malpractice

    • Professional negligence that results in harm to a patient.

  5. Medical Neglect

    • The failure to provide necessary medical care to a patient.

  6. Medical Proxy

    • An individual designated to make healthcare decisions if the patient is unable to do so.

  7. Negligence

    • The failure to exercise appropriate care that results in harm.

  8. Negligent Supervision

    • Failure to properly supervise an individual for whom one is responsible.

  9. Organ Donation

    • The act of giving one's organs after death to aid others in need.

  10. Patient Advocacy

    • The act of supporting and protecting the rights and interests of patients.

  11. Patient Rights

    • The legal and moral rights to which all patients are entitled.

  12. Palliative Care

    • Care aimed at providing comfort and quality of life for serious illness, rather than curative treatment.

  13. Physician-Assisted Suicide

    • A practice where a doctor helps a patient end their life voluntarily and peacefully.

  14. Power of Attorney

    • A legal document allowing an individual to make decisions on behalf of another person.

  15. Professional Misconduct

    • Actions that violate established professional standards or ethics.

  16. Professionalism

    • Conduct characterized by responsibility, respect, and competence in a professional setting.

  17. Quality of Life

    • The degree to which an individual is healthy, comfortable, and able to participate in or enjoy life.

  18. Refusal of Treatment

    • The legal right of a patient to decline medical care.

  19. Restraints

    • Techniques or tools used to limit a patient's movement to ensure their safety or that of others.

  20. Scope of Practice

    • The defined duties and limits governing what a healthcare worker can do legally.

  21. Slander

    • A false spoken statement that harms a person’s reputation.

  22. Standard of Care

    • The level of care and skill that is expected from healthcare professionals in similar circumstances.

  23. Terminal Illness

    • A medical condition that cannot be cured and is expected to result in death.


Contracts in Healthcare

Parts of a Contract

  1. Offer

    • Initiation of the relationship where a competent individual offers to enter into a patient-provider relationship.

  2. Acceptance

    • The healthcare provider confirms the offer by giving an appointment and treating the patient.

  3. Consideration

    • The compensation made by the patient for medical services received.

Types of Contracts

  1. Implied Contract

    • Obligations understood without written or verbal agreements (e.g., a healthcare professional prepares medication, and the patient takes it).

  2. Express Contract

    • Clearly stated terms, either verbally or in writing (e.g., a surgical permit).

Breach of Contract

  • When a contract is not performed as per the agreement, resulting in legal consequences.

Legal Capacity to Enter Contracts

  • Individuals with legal disabilities cannot enter binding contracts such as:

    • Minors

    • Mentally incompetent individuals

    • Individuals under substance influence

    • Semi-conscious or unconscious individuals.


Liability for Breached Contract

  1. Agent

    • A person acting under the supervision of an employer.

  2. Principal

    • The employer, who holds responsibility for the actions of the agent.


Privileged Communication

  • All information provided by patients to healthcare personnel must be kept confidential and only shared within the healthcare team. Written consent is necessary for any disclosure.

Exemptions to Privileged Communication

  • Mandatory reporting required for:

  1. Births and deaths

  2. Injuries caused by violence (e.g., abuse, stabbing, gunshot)

  3. Drug abuse

  4. Communicable diseases

  5. Sexually transmitted diseases (STDs)


HIPAA Guidelines

  • Establishes federal mandates for protecting patient health information privacy and security.

  1. Privacy Rule:

    • Safeguards patient confidentiality.

  2. Security Rule:

    • Protects electronic health records (EHR).

Applicability of HIPAA

  • Applies to all healthcare providers, insurance plans, and health information clearinghouses.

  • Non-compliance may result in civil or criminal penalties.


Patient’s Bill of Rights

  • Standards established by the American Hospital Association to ensure patient care rights:

  1. Right to considerate and respectful care.

  2. Right to obtain complete information about diagnosis, treatment, and prognosis.

  3. Right to receive necessary information for informed consent.

  4. Right to refuse treatment.

  5. Right to privacy and confidentiality.

  6. Right to reasonable response to requests for services.

  7. Right to know hospital rules and regulations.

  8. Right to examine and receive explanation of all bills.

  9. Right to refuse participation in research.

  10. Right to continuity of care.

  11. Right to know the identities of healthcare providers.


Ethical Considerations in Healthcare

Definition of Ethics

  • Principles concerning what is morally right or wrong within the healthcare context.

Basic Ethical Principles in Health Care

  1. Autonomy: - The right of patients to make their own decisions regarding medical care.

  2. Beneficence: - The commitment to do good and act in the best interests of patients.

  3. Nonmaleficence: - The principle of doing no harm.

  4. Justice: - The need to treat patients fairly and equitably.

  5. Veracity: - The obligation to be truthful.

  6. Fidelity: - The responsibility to keep promises and commitments.

  7. Confidentiality: - The duty to protect patient information.


Patients’ Rights in Long-Term Care Facilities (OBRA 1987)

  • Under the Omnibus Budget Reconciliation Act of 1987, residents are guaranteed specific rights.


Advanced Directives

Living Will

  • A legal document detailing the medical treatments a person wants or does not want if they become incapacitated or terminally ill, often resulting in a Do Not Resuscitate (DNR) directive.

Durable Power of Attorney (POA)

  • A legal document that allows an individual to appoint someone to make healthcare decisions on their behalf when they are unable to make them themselves.

DNR (Do Not Resuscitate)

  • An official order stating that CPR or other life-saving measures should not be performed when a patient’s heart and breathing stop.

General Features of Advance Directives

  • Allow individuals to communicate their treatment preferences and decisions regarding medical interventions if they become incapacitated.

  • Types:

    1. Living Will

    2. Durable Power of Attorney for Health Care (POA)

Living Will Specifics

  • May include DNR instructions; effective only when the individual is terminally ill or permanently unconscious.

  • Must be signed while the individual is competent and witnessed by adults who cannot benefit from their death.

  • Not effective until the individual becomes incapacitated; until then, decisions can be made directly by the individual.

Power of Attorney Features

  • Individuals can designate a trusted adult to make decisions when they cannot.

  • Types of POAs include General, Special, Health Care, Durable, and Revocation.

Health Care Power of Attorney

  • This is invoked when the individual is conscious but unable to communicate decisions regarding medical treatment.


Patient Self-Determination Act (PSDA)

  • Requires healthcare facilities to:

  1. Inform patients of their rights concerning advance directives.

  2. Document if patients have an advance directive.

  3. Educate both healthcare staff and the community about advance directives.

  4. Prohibit discrimination based on having or not having an advance directive.


Final Note on Advance Directives

  • The effectiveness of advance directives hinges on their awareness; it is crucial for individuals to discuss their wishes with family and the designated healthcare proxies.