1 NSG 106-

LEGAL AND ETHICAL RESPONSIBILITIES IN HEALTH CARE

MBM 2023

Legal Responsibilities Verbal- can be spoken or written – swearing,

shouting, ethnic slurs
Civil Law
Psychological-threatening harm, denying rights,
Legal relationships between people and the intimidating, belittling
protection of a persons rights
Sexual touching, gestures, or suggestions that
Torts- wrongful acts that do not involve are unwanted
contracts
Defammation- false statements which cause a
Health care mainly affected by civil law: person to be ridiculed or ruin their reputation
both contracual and torts 1) Slander-spoken
Criminal Law 2) Libel-written
Wrongs against a person, property or society
Examples of criminal law in health care- Informed Consent
practicing without license, use of narcotics, theft,
murder Permission granted voluntarily by a person who
is sound of mind after the procedure and all risks
Tort involved have been explained in terms the
a wrongful act or an infringement of a right (other person can understand.
than under contract) leading to civil legal liability. Contracts:
Torts: 1. Expressed Contracts
Stated in distinct and clear language either orally
Malpractice- “bad practice” or in writing.

Ex: a physician not administering a tetanus Ex. Surgical permit

injection when a patient has a puncture wound
Negligence- failure to give care that is normally
expected
Ex: Falls & injuries that occur when side rails are
left down
Assault-threat or attempt to injure
Battery-unlawful touching of another person
without their consent
Ex: Surgery of treatment to minors
Invasion of Privacy- includes unneccessary
exposure of an individual or revealing personal
information
2. Implied Contracts
Obligations understood without verbally
expressed terms
Ex. Giving medication to a patient
Legal Disability- A person who does not have
the legal capacity to form a contract.
 Minors
 Mentally incompetent individuals
 Someone under the influence of drugs
 Someone who does not understand the
language
EMPLOYER
Principal

Ex: Improperly draping or covering a patient EMPLOYEE

Agent
False imprisonment-Restraining an individual
or restricting their freedom.
Privileged Communications
Applying physical restraints
All information given to health care personnel by
Abuse-Any care that results in physical pain or a patient
mental anguish
Must be kept confidential and shared only by
Ex: Physical,verbal, psychological, or sexual members of patient’s health care team
abuse
Must receive written release to give information
Defamation: occurs when false statements to others (exceptions: births and deaths, injuries
either cause a person to be ridiculed or damage caused by violence, drug abuse, communicable
the person’s reputation diseases and sexually transmitted diseases.
Slander: spoken defamation
Libel: written defamation Health Care Records
Forms of Abuse An example of privileged communications
Physical- hitting, restraining, depriving of food Patient may obtain a copy
water or physical needs
Can be used as legal records

LEGAL AND ETHICAL RESPONSIBILITIES IN HEALTH CARE
Errors crossed out with a single line and
initialed, and dated
Must be kept for amount of time required by law
then burned or shredded
Ethics
Set of principles relating to what is morally right
or wrong.
Provide a standard of conduct or code of
behavior.
Issues: Euthansia, Stem Cell Research,
marijuana legalization, animal in research,
denying treatment on religious grounds etc..
Code of Ethics by the HC Worker
The Health Care Worker’s Primary Goals:
 To promote optimal wellness, preserve
life, & provide for a peaceful death
 To respect religious beliefs & cultural
values of client
 To provide adequate & continuous care
for all clients despite differences (age,
race, gender, etc)
 To know limits of practice for which
he/she is competent
 To maintain competence & current
knowledge
 To practice jurisprudent behavior at all
times
 To respect dignity & rights of each client
by maintaining confidentiality & a
professional attitude regarding info
 To ask for clarification & ask when
unsure
 To participate in professional activities &
organizations to provide better health
care
 To maintain high standards of ethical &
legal behavior, and to state current on all
certifications, licenses, etc
Confidentiality
Information about the patient must remain
private and can be shared only with other
members of the patient’s health care team.
Patients’ Rights
Patient’s Bill of Rights by AHA
 Considerate respectful care
 Obtain complete current info about
diagnosis etc…
 Receive info to give informed consent
 Have advanced directives- can refuse
treatment
 Privacy
 Confidentialty - HIPPA
 Reasonable response to a request for
services
 Receive info about relationships
between doctors and medical facilities
etc…
2 NSG 106-
MBM 2023
 Be informed of right to refuse being
involved in research
 Reasonable continuity of care
 Right to review medical records and
examine bills
 Be informed of hospital rules,
regulations, and resources to settle
grievances
Advanced Directives
-Legal doc that states that a person should NOT
be revived if he/she suffers from cardiac or resp
arrest.
Living Wills- Documents that allow individuals
to state what measures should or should not be
taken to prolong life when their conditions are
terminal
General or Specific Power of Attorney-
Authorizes your Agent to act on your behalf in a
variety of general or specific situations.
Durable Power of Attorney- Document which
allows another individual to make their medical
decisions for them if they become unable to
Patient Self-Determination Act
Inform every adult verbally and in writing of their
right to make decisions about their care
including right to refuse treatment and right to
die
Professional Standards
 Only perform procedures you have been
trained and are legally permitted to do.
 Use only approved, correct procedures
 Obtain proper authorization before
performing any procedure
 Identify patient and receive their consent
before performing procedure
 Professional Standards
 Observe all Safety Precautions
 Keep all information confidential
 Think before you speak
 Treat all patients equally
 Accept no tips or bribes
 If any mistakes or errors occur report
them immediately to your supervisor
 Behave professionally in dress,
language, manners and actions