Legal and Ethical Practices

Law – a rule that must be followed

Laws are created and enforced by the federal, state, or local government

Criminal Law - deals with offences against all persons,

property, and society

Offender can go to prison or jail.

Examples of Criminal Law

* Practicing in a health care profession without

a license.* Misuse of narcotics.* Theft.* Murder

Public Law is Criminal Law!

Felony Felony (Serious criminal law)(Serious criminal law)

• Carries a penalty of Carries a penalty of imprisonment for more imprisonment for more than one year and than one year and possibly the death possibly the death penaltypenalty

• Ex: Withholding rx for a Ex: Withholding rx for a terminally ill patient, terminally ill patient, and the patient dies and the patient dies prematurelyprematurely

Private Law is Civil Law!(This primarily affects health care)

Civil Law - deals with legal relationships between people and the protection of a person’s rights

Two Main Types of Civil Law:

� Torts� Contracts

TortsTortsTort - from the French

word “wrong.”

It can be defined as a civil wrong committedagainst a person or property excluding breach of contract.

Torts may be:1) Intentional (Willful)2) Unintentional

(Accident)

Assault - any willful attempt or threat to injure another person with the apparent ability to do so.

Battery - unlawful touching of another person without consent.

Intentional TortsIntentional Torts

Informed ConsentInformed ConsentThe patient / client understands the

reason for treatment.

They understand: 1. What will be done. 2. Who will do it. 3. How it will be done. 4. Expected outcomes. 5. Patient must also understand treatment alternatives and the consequences of not having treatment.

Dr. Williams is charged with assault and battery. Dr. Williams is charged with assault and battery. What situation might have caused this charge?What situation might have caused this charge?

A.A. A patient’s bandage will not stay onA patient’s bandage will not stay on

B.B. The patient leaves the hospital The patient leaves the hospital without being dischargedwithout being discharged

C.C. Dr. Williams operates on a patient Dr. Williams operates on a patient without consentwithout consent

D.D. Dr. Williams accidentally removes Dr. Williams accidentally removes the wrong body part.the wrong body part.

An example of criminal law is:

A. A divorceB. Practicing Medicine without a

licenseC. Child custody and child support

D. Breech of contract

Intentional TortsIntentional TortsDefamation of

Character - damaging a person’s name and reputation by making

public statements that are false and malicious

There are 2 types:

Libel - if the information released is written.

Slander - if the informationreleased is spoken.

Intentional TortsIntentional TortsFalse Imprisonment Restraining an individual or restricting an individual’s freedom.

Could be holding someone in a facility against their will or physically restraining them.

Sometimes treated as a crime.

Intentional TortsIntentional TortsInvasion of PrivacyUnnecessary exposureof an individual or revealing personal information about an Individual without consent.

Two health care workers were overheard Two health care workers were overheard discussing a co-worker who was admitted to the discussing a co-worker who was admitted to the hospital drunk and violent. What legal standard hospital drunk and violent. What legal standard was violated by the two workers?was violated by the two workers?

A.A. LibelLibel

B.B. MalpracticeMalpractice

C.C. Assault and batteryAssault and battery

D.D. Invasion of privacyInvasion of privacy

Grant is angry at a physical therapist who will not date him. He starts spreading ugly rumors around town about her. What is this?

A. LibelB. MalpracticeC. Invasion of privacyD. Slander

Chelsia charges a hospital with false Chelsia charges a hospital with false imprisonment. What might have happened?imprisonment. What might have happened?

A.A. A doctor would not write an order for Mrs. A doctor would not write an order for Mrs. Daniel to be dischargedDaniel to be discharged

B.B. A nurse applied physical restraints on Mrs. A nurse applied physical restraints on Mrs. Daniel without justificationDaniel without justification

C.C. A nursing assistant put up the bedside rails A nursing assistant put up the bedside rails while Mrs. Daniel was sleepingwhile Mrs. Daniel was sleeping

D.D. A ward secretary sent Mrs. Daniel’s chart to A ward secretary sent Mrs. Daniel’s chart to her insurance company without her her insurance company without her permissionpermission

An RN who has been fired from a medical An RN who has been fired from a medical practice has been making negative, untrue practice has been making negative, untrue statements about her boss. What could he/she statements about her boss. What could he/she be charged with?be charged with?

A.A. ImmoralityImmorality

B.B. DefamationDefamation

C.C. Invasion of PrivacyInvasion of Privacy

D.D. NegligenceNegligence

A health assistant wished to watch an operation A health assistant wished to watch an operation on a patient, even though she is not directly on a patient, even though she is not directly involved in the patient’s care. Whose permission involved in the patient’s care. Whose permission is needed?is needed?

A.A. No oneNo one

B.B. DoctorDoctor

C.C. PatientPatient

D.D. Both the doctor and the patientBoth the doctor and the patient

Explain the following legal implications…

• 1. The patient is restrained in a wheelchair without a physician’s order.

• 2. Jarrod operates on a patient and a surgical consent was never signed.

• 3. Madison reports on the news that the football players at Butler High School all have AIDs but it is not true.

• 4. Lindsey leaves the door open while bathing Grant and everyone walking down the hall can see his naked body.

• 5. Morgan sends information to an insurance company without the patient’s permission.

Intentional TortsIntentional TortsAbuseAny care that results in physical harm, pain, or medical anguish. Abuse can be classified as:

Physical - hitting, forcingpersons against their will, restraining movements, depriving of food or H2O, or not providing physical care.

Intentional TortsIntentional TortsAbuse (continued)

Verbal Abuse – talking harshly, swearingor shouting, teasing, ridiculing, intimidating a person.

Intentional TortsIntentional Torts

Abuse (continued)

Sexual Abuse – any unwanted sexualtouching or act.

Intentional TortsIntentional Torts

** Laws in all states require reporting of any form of abuse

to proper authorities. **

Unintentional TortsUnintentional Torts

Negligence - Person at fault failed to do what a reasonable and careful personwould have done, or did what a reasonable and careful personwould not have done.

Also can be defined as failure to take reasonable precautions to protect others from the risk of harm.

Unintentional TortsUnintentional Torts

Malpractice - Interpreted as “bad practice” and includes providing improper or unprofessional treatment or care that results in injury to the patient.

If a nursing assistant uses water that is too hot If a nursing assistant uses water that is too hot when bathing a patient and the patient is when bathing a patient and the patient is burned, what type of standard has been burned, what type of standard has been violated?violated?

A.A. LegalLegal

B.B. CognitiveCognitive

C.C. EthicalEthical

D.D. PersonalPersonal

Which situation is malpractice if the patient is Which situation is malpractice if the patient is injured as a result of a health care workers injured as a result of a health care workers actions?actions?

A.A. A health care worker fails to wipe up some A health care worker fails to wipe up some water that he/she spilled on the floor.water that he/she spilled on the floor.

B.B. A health care worker forgets to put up the A health care worker forgets to put up the patient’s bedside rail.patient’s bedside rail.

C.C. A health care worker performs a special A health care worker performs a special procedure on a patient that he/she is not procedure on a patient that he/she is not instructed to perform.instructed to perform.

D.D. A heating pad with a defective cord is used A heating pad with a defective cord is used on a patient even though the health care on a patient even though the health care worker knows it is defective.worker knows it is defective.

Health Care RecordsHealth Care Records

Contains information on the care that has been provided to the patient.

� Medical records belongs to the health care provider but the patient has the right to obtain

a copy.� The medical record is a legal

document and may be subpoenaed as evidence in court.

Health Care RecordsHealth Care RecordsRecords must be kept until the statues of limitations has passed (2-7 years.)

When records are destroyed, they should beshredded or burned.

Meredith is moving to Cleveland and needs to Meredith is moving to Cleveland and needs to take her medical records. She is aware that take her medical records. She is aware that patients’ medical record are the property of the:patients’ medical record are the property of the:

A.A. StateState

B.B. Patient and his or her familyPatient and his or her family

C. Owners of the facility where they C. Owners of the facility where they were createdwere created

The EndThe End