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1. purethinking.typepad.com/.../ethics-in-pr.html

2. LEGALITIES IN HEALTHCARE

3. ETHICS….. Having the highest concept of right or wrong https:/.../clubs/societies/ethics-society

4. Ethics – group or societal rules Laws ARE based on ethical values • Licensure Laws • Traffic Laws • Criminal Laws • http://www.mcnamarlaw.com/images/law-books_and_gavel1-cmstk_legalities00011806.jpg

5. “Reasonable and Prudent (wise) Person” Guidelines are developed: State Boards and National Certifying Associations

6. Guidelines for health professionals on how to perform • Used in court to determine liability (often a legal expert witness will describe).

7. TO AVOID LITIGATION: • Be observant & ask questions • Be responsible to keep skills updated • Refuse to do skills you are not trained to do

8. Denial of Patient’s Rights… • Courtesy • Privacy • Information Has brought about the ultimate form of rebellion …. MALPRACTICE SUITES! washingtonindependent.com/55535/tort-reform-u...

9. FYI… • The quality of the relationship between the patient and the Health Care Professional (nurse, doctor, etc.) may make the difference between filing or not filing a malpractice suit. www.oseda.missouri.edu/articles_topic.shtml

10. 8 of the 12 Patient Bill of Rights…Relate to knowing or being informed • Patients have the right … • To be informed • To have a real part in deciding what their care should be

11. Obtaining Informed Consents • Students are not allowed to be a witness to an informed consent. • Consents should be obtained before the procedure or treatment is provided. • All patient questions should be answered before having the patient sign the consent. www.wolfescape.com/Humour/Doctors.htm

12. Informed Consents • Use the correct form • Complete as much of the form as possible before taking it to the bedside of the person. • Write legibly so the person can read it.

13. Consents • Encourage the person to read it fully or read it to him or her. • Ask the person to explain it back to you for clarification. • Does the patient understand it? blog.bioethics.net/2009/03/

14. Signing of consent • Obtain the signature in ink • If the person refuses to sign, do not force him. • After the patent signs consent, you must witness the signature by signing your own name in ink.www.aboutoperations.co.uk/you-need-know-about...

15. Consent Information • The correct date must be on the consent. • Consent becomes a part of the medical record. • Medical records are a legal document. • Records are stored for 7 years after a patient is discharged or dies.

16. These individuals are NOT legally competent to sign an informed consent • Under 18 years of age • Unconscious person • Severe psychiatric problem • Under the effects of alcohol or drugs • Mentally incompetent

17. Controls on Health Care Workers Controls: Licensure - Given by a government agency when a person meets the qualifications for a profession: OT PT RN MD PA LPN • These tell what a Professional may or may not do. • Controls to improve quality of care

18. Certification- Registration - List of individuals on an official record who meet the qualification for a profession or occupation. • Given in recognition if specific guidelines have been met. • CNA

19. Policy and Procedure Manuals

20. FYI… NORTH DAKOTA CRIMINAL LAW • Classification of Offenses – Penalties (12.1-32-01) • The offenses are divided into 7 classes, which are denominated and subject to maximum penalties, as follows:

21. 1. Class AA Felony • A max penalty of life imprisonment may be imposed… a person found guilty of a Class AA felony shall not be eligible to have his sentence considered by the parole board for 30 years, less sentence reduction earned for good conduct, or after his admission to the penitentiary.

22. Class AA Felony - • Example: intentional cause of death of another human being or grand theft.

23. 2. Class A Felony • Max penalty of 20 years imprisonment, a fine of $10,000 or both may be imposed.

24. Class A Felony - Example : kidnapping or abduction of a person with the intent to hold him for ransom. www.watoday.com.au/world/kidnapped-woman-jayc...

25. 3. Class B Felony • Max penalty of 10 years imprisonment, a fine of $5,000, or both may be imposed.

26. Class B Felony - • Example : manslaughter – recklessly causes the death of a human being www.slavinlawfirm.com/lawyer-attorney-1492077...

28. 4. Class C Felony • Max penalty of 5 years imprisonment, a fine of $5,000, or both may be imposed.

29. 4. Class C Felony • Example: Aggravated assault – willfully causes serious bodily injury to another human being. www.channels.com/episodes/show/7014145

30. 5. Class A Misdemeanor • Max penalty of 1 years’ imprisonment, a fine of $1,000, or both may be imposed.

31. 5. Class A Misdemeanor • Example: Assault – willfully causes substantial bodily injury to a human being. mugshotdujour.com/tag/bloody-face/page/2

32. 6. Class B Misdemeanor • Max penalty of 30 days imprisonment, a fine of $500, or both. • Examples: • In a public place, uses abusive or obscene language or gesture. • Indecent exposure

33. 7. Infraction • Traffic violation www.ehow.com/videos-on_9944_traffic-tickets-c...Remove frame

34. Are You a Good Samaritan? • You are driving a friend, who lives on a farm in the country, home one rainy afternoon. Suddenly, you see a car far ahead of you skid wildly in a curve and crash into a pole. • As you approach the accident, you see the driver slumped over the steering wheel.www.keysso.net/.../year_2009/october.htm

35. Your Reaction???? • A. Drive by. Assume the next car to pass by will know what to do. • B. Drive by. But your friend places a call for an ambulance and the police on your cell phone. • C. Stop at the accident and give first aid. • D. Stop at the accident; one of you gives aid while the other places a call for an ambulance. • E. Put the victim in your car & take him to the hospital.

36. Your decision? • If you selected A or B, you chose not to deal directly with the accident. • If the victim is seriously injured, his or her condition could worsen without immediate help. www.myfundive.com/class.htm

37. Choosing C or D would classify you as a Good Samaritan www.princeton.edu/~oa/

38. Selecting “E” is very risky • If you move the victim, you could cause further injuries or worsen existing injuries. • Unless victims are in immediate danger, it is usually better not to move them.

39. Good Samaritan Law • There are laws to protect you from liability (legal responsibility) for negligent acts that might happen when you are giving emergency care, as long as you don’t do something grossly careless or reckless in your handling of the situation.

40. North Dakota Good Samaritan Law • No person who gives aid or necessary assistance to persons who are ill or injured in an accident may be sued in a civil action, even if an act or omission occurred in an emergency.

41. N.D. Good Samaritan Law… • A person could be sued in civil / criminal court if the act or omission were proven tobe intentional misconduct or gross negligence. • Cannot be sued in criminal court for practicing medicine or nursing without a license unless the rescuer does NOT release the injured or ill person to the care of the health care professionals at the scene or later.

42. N.D. Good Samaritan Law • Once you have started to give care, you may not stop and / or leave….. This is abandonment = negligence. www.coe.cornell.edu/goto.jsp?programarea=emer...

43. N.D. Good Samaritan Law • If you do something you have not been trained to do and hurt the patient – you can be prosecuted! www.trivalleyyouthcourt.com/forms.html

44. N.D. Good Samaritan Law • You could still be sued (patient’s rights) but they would have to prove that the patient would be better off without the rescuer’s attempts.

45. Legal Test • 26 matching • 5 fill-in the blanks • 10 situational questions (multiple/choice) • If absent there are essay questions to complete! • STUDY HARD!!! www.ehow.com/how_5187147_study-big-test-grade...