Ethics
Set of principles dealing with what is morally right or morally wrong.
Assault
To threaten or attempt to injure someone or unlawful touching without consent.
Battery
Injuring or hurting someone.
Malpractice
Failure to use the degree of skill expected resulting in injury.
Tort
A wrongful or illegal act of civil law not involving a contract.
Invasion of Privacy
Revealing secure or private information of a patient or co-worker without the consent of that patient or co-worker.
False Imprisonment
Restraining an individual or restricting an individual's freedom.
Durable Power of Attorney
A legal document authorizing a person to act as another person's legal representative or agent.
Advance Directives
A legal document designed to indicate a person's wishes regarding care in the event of he/she getting a terminal illness (life ending) or during his/her dying process.
Living Will
A legal document stating a person's desires on what measures should or should not be taken to prolong life when his or her condition is terminal (life ending).
Implied Contract
Obligations that are understood without verbally expressed terms.
Expressed Contract
An agreement between two or more people that is stated in distinct and clear language; either orally or in writing.
Contract
An agreement between two or more parties.
Privileged Communications
This includes all information given to health care professionals by the patient.
Agent
Someone who has the power of authority to act as the representative of another.
Legal
Responsibilities that are authorized or based on law.
Criminal Law
Law that focuses on wrongs against a person, property, or society.
Civil Law
Law that focuses on legal relationships between people and protection of a person's rights; type of law that mainly affects healthcare.
Libel
Type of defamation; written false statement that causes a person ridcule.
Two types of Advanced Directives
Living Will
Do Not Resuscitate (DNR)
Abuse
Mentally, physically, or verbally harming someone.
Negligence
Failure to give care that is expected, which results in an injury.
Two types of contracts
Expressed Contract
Implied Contract
Patient's Rights
Standard of care that all patients can expect to receive for a health care provider/facility.
Confidentiality
Information (privileged communication) about the patient must remain private and only shared with other members of the patient's health care team.
Slander
Type of defamation; spoken comment that causes a person ridicule or contempt; spoken comment that damages a person's reputation.
Restraints
Should only be used as a last resort to keep a patient from injuring him/herself or a health care worker.
Informed Consent
Permission granted voluntarily by a person who is of sound mind, after the procedure and all the risks involved have been explained in terms/language the patient can understand.
Legal Disability
A condition in which a person does not have legal capacity and is therefore unable to enter into a legal agreement.
Four types of legal disability
Minor
Mentally incompetent
Under the influcence of drugs
Semi-conscious or unconscious
Defamation
False statements that causes ridicule, or damages reputation; there are two types.
Exempt privileged information
Births & deaths
Injuries from violence
Communicable diseases or STDs
Drug abuse
Principal
Agents/nurses work under the direction of the ____.
Health Information Privacy & Portability Act
HIPPA
Health Care Records
Keep for 7 years
Legal document
No erasures
Burn or shred
Breach of Contract
Failure for one party to uphold their end of the contract; example, patient fails to pay bill for care.
S & S of abuse
Unexplained bruises, burns, poor hygiene, change in personality, false statements.
Patient Self-Determination Act
If a hospital receives federal aid, they must inform the patient and let the patient know they have the right to die.
Health care workers must honor...
Patient's advance directives.
Resident's Bill of Rights
For long term care facilities; must be posted for every resident to see.
Failure to grant resident's bill of rights
Can cause you to lose your job, be fined, or imprisoned.
Code of Ethics
Basic rules of ethics developed by large health care facilities or professional health care organizations.
Modern Ethical Dilemmas
Abortion
Cloning
Euthanasia
Marijuana as Tx
Organ Transplants
Life Support
Four basic code of ethics rules
Keep pt comfortable
Respect advance directives
Promote life saving techniques
Treat all pts equally
Four pt's rights
Considerate & respectful care
Right to refuse treatment
Privacy and confidentiality
Review of medical records and bills
Four resident's rights
Free choice of doctor
Freedom from chemical/physical abuse
Accommodation of needs
Voice complaints without fear of retaliation
Professional Standards
Help meet legal requirements, ethics, and patient's rights.
Scope of practice
Perform only the procedures you have been trained to do and can legally do.
Five Professional Standards
Think before you speak
Accept no tips/bribes
Report mistakes STAT
Behave professionally
Identify patient and obtain consent
Liability Insurance
Helps you pay for legal fees and attorney, if and when errors occur and you find yourself in a court case; recommended for all health care workers.
Malpractice example
A nurse performs a part of surgery that is out of her scope of practice.
Negligence example
A patient falls out of bed and breaks a rib, but the side rails were left down by the CNA.
Assault and Battery example
A nurse threatens a geriatric patient if she doesn't hurry up in the bathroom; the nurse then pushes the patient back into her wheelchair.
Invasion of Privacy example
Test results for the governor of South Carolina is released to the news without his permission.
False Imprisonment example
A LPN uses restraints to hold a patient down because he continues to get out of his bed and roam the hospital hallways.
Abuse example
A physical therapist constantly tells a patient that she will never get better because she is lazy. The patient cries every visit, and her rehabilitation plan takes her four months longer to complete than it should.
Slander example
The medical transcriptionists tells some office workers that the medical coder is having an affair with the physician. The medical coder is happily married with two children.
Libel
The electrocardiograph technician sends an email to a co-worker. This email states that their supervisor is taking money from the health care facility.
Who owns health care records?
The health care facility.
If asked to do something out of your scope of practice you should...
Politely refuse until you are properly trained to do so.