Ethical and Legal Issues in Health Care

Attitudes - Defined as ideas that help shape points of view - Can describe one's outlook on life
Belief - A conviction that is accepted as true intellectually, irrespective of factual basis
Value - Something held dear; a feeling about the worth of an item, idea, or behavior - Formed primarily in childhood
Morals - Reflect one's attitudes, beliefs, and values and are not easily changed

Definition of a right: - A power, privilege, or existence to which one has a just claim - Rights help define social interactions by incorporating principles of justice that apply equally and fairly to all citizens. - Rights are often associated with obligations.

The Patient’s Bill of Rights (1972) - Ensures clients the rights to: - Respectful care - Privacy - Confidentiality - Continuity of care - Relevant information - Examine bills - Refuse treatment - Participate in research
The Patient Care Partnership: Understanding Expectations, Rights, and Responsibilities - Adopted in 2003 to further clarify patients' rights and expectations.

Ethical codes serve two main purposes: - Act as guidelines for standards of practice in healthcare - Inform the public about expected behaviors of healthcare providers.
Fundamental ethical principles include: - Autonomy: Respecting individuals' rights to make their own decisions. - Beneficence: Committing to the welfare of patients. - Nonmaleficence: The principle of "do no harm." - Justice: Fair and appropriate distribution of resources and treatment. - Confidentiality: Ensuring client information is kept private. - Fidelity: Maintaining trust and loyalty to clients. - Veracity: Committing to honesty in all interactions.

Developed by professional organizations: - International Council of Nurses - American Nurses Association - National Federation of Licensed Practical Nurses - Canadian Nurses Association
Responsibilities include: - Providing information to clients - Being truthful and supporting clients - Consulting supervisors regarding ethical dilemmas or questionable situations. - Includes principles of advocacy, responsibility, accountability, and confidentiality.

Ethical dilemmas occur when there is uncertainty or disagreement about moral principles regarding a certain course of action.
These dilemmas arise when problems cannot be easily addressed through decision-making, logical reasoning, or scientific data.
Commonly surface in situations involving conflicting values. - Key aspects to consider include differentiating facts, values, and opinions.
Ethical Distress: Distinguishing this from ethical dilemmas; ethical distress occurs when one knows the right action but feels unable to act on it.

All healthcare professions are bound by specific standards and regulations: - Nurse practice act - Institutional policies - Standards of practice - Standard of Proof: What a reasonably prudent nurse would do in similar circumstances given the jurisdiction in which the alleged breach took place.

Public Law - Governs the relationship between the government and its citizens. - Protects society's members and includes criminal law, consisting of misdemeanors and felonies.
Private Law - Concerns the relationship between individuals and/or institutions. - Addressed through civil law, involving torts and contracts.

Mental health care providers must balance client rights against societal protection needs.
Common crimes in healthcare settings: - Homicide - Controlled substance violations - Theft

Torts: Different types include: - Intentional Torts: - Assault: Placing someone in fear of harm. - Battery: Actual physical harm. - False Imprisonment: Unlawfully restraining someone. - Quasi-Intentional Torts: - Involve actions where there wasn't an intention to harm but still caused injury, such as: - Defamation of Character: Can be categorized into: - Slander: Verbal defamation. - Libel: Written defamation.

Both concepts stem from the 'reasonable and prudent person' theory: - Negligence: - Omission or commission of an act that a reasonably prudent person would (or would not) undertake. - Malpractice: - Failure to exercise a recognized degree of professional skill that results in injury, loss, or damage.
To be considered negligent, the following four criteria must be met: 1. Care provider owed a duty to the client. 2. There was a breach of that duty by the care provider. 3. The client was injured as a result of the breach. 4. Actual loss or damage resulted from the actions or inactions.

Mental health care providers: - Assist clients in coping with their issues. - Provide dignified and humane treatment while protecting clients' rights as human beings, citizens, and patients. - Operate under the principle of a reasonable and prudent caregiver.

Voluntary Admission: - Occurs when a client requests mental health services. - Voluntarily admitted clients cannot legally discharge themselves at any time; however, they may sign an "intent to leave."
Involuntary Admission: - A process for institution-based care initiated by someone other than the client. - Provides a protected and therapeutic environment. - Length of stay may vary from days to months depending on the situation.