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The Allied Health Worker The Law Professional Ethics

The Allied Health Worker The Law Professional Ethics. Patient Trust. Patient Advocates Scope of practice Protocol. Scope of Practice. Statutes Licensed health Care worker Unlicensed healthcare worker. Code of Ethics. Preserve Life Do Good Respect Autonomy Uphold Justice Be Honest.

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The Allied Health Worker The Law Professional Ethics

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  1. The Allied Health WorkerThe LawProfessional Ethics

  2. Patient Trust • Patient Advocates • Scope of practice • Protocol

  3. Scope of Practice • Statutes • Licensed health Care worker • Unlicensed healthcare worker

  4. Code of Ethics • Preserve Life • Do Good • Respect Autonomy • Uphold Justice • Be Honest

  5. Code of Ethics • Be Discreet • Keep Promises • Do No Harm

  6. Bioethics • Morals • Cultural habits (customs) • Moral dilemma • Ethics • Bioetheics

  7. Bioethics • Historical perspective • Withdrawal of life support • Harvard “brain death” criteria • DNR • Assisted suicide • Futile medical care

  8. Bioethics • Durable power of attorney • Living will

  9. Bioethical Dilemma • Identification • Information • Communication • Choice

  10. Bioethical Principles • Respect for Autonomy • Benefidence • Nonmaleficence • Integrity of the Health Professional • Justice

  11. Patient’s Bill of RightsAmerican Hospital Association • The patient has a right to considerate and respectful care. • Informed Consent- diagnosis, treatment & prognosis in understandable terms. • Informed Consent- knowledge of procedure, risk, probable duration of incapacitation...alternatives.

  12. Patient’s Bill of Rights • Right to refuse treatment to extent of law. • Discussion, consultation, examination & treatment must be discrete. Only those directly involved should be part of discussion. • Confidentially of records

  13. Patient’s Bill of Rights • Reasonable response to request. Evaluation, service & referral as indicated by urgency. • Right to information about relationship between healthcare systems involved in diagnosis and treatment. Also relationships among professionals.

  14. Patient’s Bill of Rights • Notification of and right of refusal of participation in research experiments. • Right to expect Continuity of care. • Right to examine and receive explanation of bill. • Right to know hospital rules and regulations as to conduct.

  15. Contractual Relationships • Contract: • Between healthcare facility and patient • Each agree to do something • Offer for service • Acceptance of the offer • Compensation for services • May be implied or expressed

  16. Contractual Relationships • Valid contract must contain: • Duty to act • Relevance • Compensation • Mutual agreement

  17. Contractual Relationships • Breech of contract- must prove all of these: • Duty to act • Breech of duty to act • Proximate cause • damages

  18. Contractual RelationshipsRecoverable Damages • Compensatory damages • Negligence • Battery • Assault • False imprisonment • Abandonment • Invasion of privacy • Defamation of character • Fraud and misrepresentation

  19. Contractual Relationships • Negligence • Professional misconduct • Lack of professional skill that results in injury • Usually must be by a professional

  20. How to Decrease Chance of Lawsuits • Be kind and courteous to every patient. • Do not give your opinion concerning the actions of another healthcare worker. • Do not use the word cure. • Do not use the word mistake. • Always take time for your patient,

  21. How to Decrease Chance of Lawsuits • Explain procedures, policies, and treatment using terms patient can understand. • Include the patient’s family or significant other in patient’s care if first ok’ed by the patient. • Attend educational inservices or seminars.

  22. How to Decrease Chance of Lawsuits • Maintain fluency in performance of procedures. • Never leave a patient unattended who might be in danger of falling. • Follow hospital policies and use good judgement concerning the use of siderails.

  23. How to Decrease Chance of Lawsuits • Do not routinely restrain a patient with soft restraints unless there may be an increased chance of the patient injuring themselves. • Do not practice outside your scope of practice, or job description. • Treat patient information as confidential & discuss only with those directly involved in that patients care.

  24. Consent • Must be informed. Patient must understand treatment, risks and alternatives • Witness: • Black ink • Do not use abbreviations • Telephone consent –two people • Know law of state practicing.

  25. Advance DirectivesPatient Self-determination Act • Ask for advanced directive. • Legal document prepared when an individual is alive, competent, & able to make decisions. • Provides healthcare team if a person is no longer to make decisions. • Make available written information about states laws about advanced directives and the patients right to refuse treatment.

  26. Confidentially • Privileged information • Everything that is heard, written, and discussed in the hospital stays at the hospitals.

  27. Aids and Patient Confidentially • AIDS • HIV positive • SC Law: nondisclosure

  28. Legal Terms • Civil Law • Defendant • Deposition • Felony • Incompetent • Judgement • Litigation

  29. Legal Terms • Misdemeanor • Plaintiff • res ipsa loquitor • Respondeat superior • Statute • Statute of limitations • Subpeona • Testimony

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