Click to edit Master title style,Click to edit Master text styles,Second level,Third level,Fourth level,Fifth level,*,Legal Responsibilities,Legal Responsibilities HS-IHS-9,The student will explain the legal responsibilities,limitations,and implications of their actions within the healthcare delivery setting.They will perform their duties according to regulations,policies,laws and legislated rights of clients.,Legal Responsibilities HS-IHS-9a,Analyze the basic legal responsibilities of healthcare workers in regards to torts,malpractice,negligence,invasion of privacy,privileged communication,patient/client confidentiality,doctrine of informed consent including identification of HIPAA regulations and the impact on healthcare communications.,Legal Responsibilities HS-IHS-9a,What is a tort?,A tort is a wrongful or illegal act of,civil law,NOT involving a contract.,A tort occurs when,a healthcare worker does not meet the established or expected standards of care.,What is civil law?,Civil law focuses on legal relationships between people and the protection of a persons rights.,Legal Responsibilities HS-IHS-9a,Examples of torts:,Malpractice,Negligence,Assault and battery,Invasion of privacy,False imprisonment,Abuse,Defamation,Legal Responsibilities HS-IHS-9a,What is criminal law?,Criminal law deals with wrongs against a person,property,or society.,Examples of criminal offenses include:,Practicing without required license,Misuse of narcotics,Theft,Murder,Malpractice,Literally interpreted as“bad practice,Commonly called“professional negligence,Definition:failure of a professional to use the degree of skill and learning commonly expected in a particular profession,resulting in injury,loss or damage to the person receiving the care,Malpractice,Examples include:,Nurse performing surgery without any training.,Physician administering inappropriate medication for a patient.,Negligence,Definition:failure(neglect)to give care that is normally expected of a person in a particular position.,Examples include:,Falls and injuries that occur when side rails are left down.,Using defective equipment.,Assault and Battery,Assault:a threat or attempt to injure.,Battery:unlawful touching of another person without consent.,Assault and battery are closely related and often used together.,Assault and Battery,Remember that patients must give consent and have the right to refuse care.,Some procedures require written consent from the patient.,Examples:performing a procedure after patient has refused to give permission;improper handling and rough treatment of a patient.,Informed Consent,Permission granted voluntarily by a person who is of sound mind and after the procedure and all risks involved have been explained in terms the patient understands.,Invasion of Privacy,Unnecessary exposure of a patient,Revealing personal information about a patient without consent,Examples:Improperly draping or covering a patient during a procedure that allows others to see the exposed patient;sending information to an insurance company without written consent;informing the news media about a patients condition.,False Imprisonment,Refers to restraining an individual or restricting an individuals freedom.,Examples:Keeping a patient hospitalized against his will(patient has the right to decide to leave AMA);applying physical restraints without proper authorization,False Imprisonment Special Notes About Restraints,Two types of restraints:chemical and physical,Chemical restraints are medications used to affect patient behavior;examples:tranquilizers,sedatives,Physical restraints are protective devices that limit a patients movement.,Restraints should be used ONLY to protect patients from harming themselves or others,and when all other measures have failed.,False Imprisonment Special Notes About Restraints,There must be an explicit doctors order for restraint.,Least restrictive device must be tried first.,Restraints must be removed q2h for at least 10 minutes,with ROM and skin care provided.,Restraint applied unnecessarily can be considered FALSE IMPRISONMENT.,Abuse,Abuse is any care that results in physical harm,pain,or mental anguish.,Abuse may occur before a patient is seen by a healthcare professional,and must be reported to proper authorities.,Signs include:unexplained bruises,fractures,burns,signs of neglect(poor hygiene,malnutrition),irrational fears,aggressive or withdrawn behavior,Abuse Four Categories,Physical,:hitting;inflicting bodily harm or injury;forcing someone against his/her will;deprivation(such as sleep,food,water),Verbal,:speaking harshly,swearing or shouting,abusive statements,threats,Psychological,:threatening harm,denying rights,belittling,intimidating,ridiculing,Sexual,:sexual touching,using sexual gestures,suggesting sexual behaviors,Defamation,FALSE,statements either cause a person to be ridiculed or damage a patients reputation.,If the information is spoken,it is,slander,.,If it is written,it is,libel,.,Examples:gossip about a patient,ex