Biomedical Ethics and Biomedical Ethics and Legal PrinciplesLegal Principles

Summarize Legal Principles of Summarize Legal Principles of Biomedical TechnologyBiomedical Technology

PROFESSIONAL CODES OF PROFESSIONAL CODES OF CONDUCTCONDUCT

GENERAL LEGAL TERMINOLOGYGENERAL LEGAL TERMINOLOGY

Civil lawCivil law Criminal lawCriminal law Felony Felony LitigationLitigation Licensure Licensure MisdemeanorsMisdemeanors TortTort ContractContract

LiableLiable NegligentNegligent MalpracticeMalpractice SlanderSlander LibelLibel Breach of contractBreach of contract Duty of careDuty of care Reasonable careReasonable care

Civil Law/Criminal LawCivil Law/Criminal Law

Law that focuses on the legal relationships Law that focuses on the legal relationships between people and protection of a between people and protection of a person’s rights; usually involves torts and person’s rights; usually involves torts and contractscontracts

Law that focuses on wrongs against a Law that focuses on wrongs against a person, property, or society; commonly person, property, or society; commonly called a crimecalled a crime

An example of criminal law pertinent to An example of criminal law pertinent to healthcare is practicing medicine without a healthcare is practicing medicine without a license. license.

Felony/LitigationFelony/Litigation

A more serious crime than a misdemeanor A more serious crime than a misdemeanor in which the punishment is imprisonment.in which the punishment is imprisonment.

The determining of a person’s legal rights The determining of a person’s legal rights either by a lawsuit or some form of legal either by a lawsuit or some form of legal actionaction

Licensure/ContractLicensure/Contract Process by which a government agency authorizes Process by which a government agency authorizes

individuals to work in a given occupationindividuals to work in a given occupation Obtaining and retaining licensure usually require that a Obtaining and retaining licensure usually require that a

person complete an approved educational program, pass person complete an approved educational program, pass a state board test, and maintain certain standardsa state board test, and maintain certain standards

Examples: physician, dentist, physical therapist, Examples: physician, dentist, physical therapist, registered nurse, and licensed practical/vocational nurseregistered nurse, and licensed practical/vocational nurse

An agreement between 2 or more personsAn agreement between 2 or more persons Implied or expressed contractImplied or expressed contract Handing a patient medication and him/her taking it is an Handing a patient medication and him/her taking it is an

example of an implied contractexample of an implied contract A surgical permit is an example of an expressed contract A surgical permit is an example of an expressed contract

Misdemeanors/TortMisdemeanors/Tort

A less serious offense than a felony; may A less serious offense than a felony; may be punishable by a fine or sentencing to a be punishable by a fine or sentencing to a local prison for less than one yearlocal prison for less than one year

A wrongful or illegal act of civil law A wrongful or illegal act of civil law not involving a contractnot involving a contract

LiableLiable

To be legally responsible for failing to To be legally responsible for failing to perform professional duties to meet the perform professional duties to meet the standards of care and/or causing harm or standards of care and/or causing harm or injury.injury.

Malpractice/NegligentMalpractice/Negligent Providing improper or unprofessional Providing improper or unprofessional

treatment or care that results in injury to treatment or care that results in injury to another personanother person

Examples of malpractice is the doctor cuts the Examples of malpractice is the doctor cuts the patient’s bladder when he was trying to take out patient’s bladder when he was trying to take out the appendix or removes the wrong kidneythe appendix or removes the wrong kidney

Failure to give care that is normally expected, Failure to give care that is normally expected, resulting in injury to another personresulting in injury to another person

Example of negligence: a health care worker Example of negligence: a health care worker leaving a hot pack in place too long and burning leaving a hot pack in place too long and burning the patientthe patient

If the bath water is too hot and the patient is If the bath water is too hot and the patient is burned by it the nursing assistant giving the bath burned by it the nursing assistant giving the bath could be charged with negligencecould be charged with negligence

Slander/LibelSlander/Libel SpokenSpoken comment that causes a person comment that causes a person

ridicule or damages the person’s reputationridicule or damages the person’s reputation Example: saying very negative or untrue things Example: saying very negative or untrue things

about someone to other people. about someone to other people.

False False writtenwritten statement that causes a statement that causes a person ridicule or damages the person’s person ridicule or damages the person’s reputationreputation

Example: putting into writing very negative or Example: putting into writing very negative or untrue things about someone and sharing it with untrue things about someone and sharing it with othersothers

Together they are the tort Together they are the tort defamation.defamation.

More TermsMore Terms

Breach of Contract:Breach of Contract: The breaking of a promise, agreement, or The breaking of a promise, agreement, or

contract in which parties have agreed uponcontract in which parties have agreed upon Duty of Care:Duty of Care:

What do you think it means?What do you think it means? Reasonable Care:Reasonable Care:

The legal obligation of a health care worker to The legal obligation of a health care worker to provide competent care according to the provide competent care according to the expected standards of practiceexpected standards of practice

MALPRACTICE/LIABILITYMALPRACTICE/LIABILITY Assault: Assault:

physical or verbal attack on another person; treatment physical or verbal attack on another person; treatment or care given to a person without obtaining proper or care given to a person without obtaining proper consentconsent

Example: a person threatening another person Example: a person threatening another person Battery:Battery:

unlawfully touching another person without that unlawfully touching another person without that person’s consent person’s consent

Example: touching someone without their permission or Example: touching someone without their permission or not getting an informed consent signed by patient not getting an informed consent signed by patient before surgery before surgery

Conduct:Conduct: the manner in which a person displays his/her behaviorthe manner in which a person displays his/her behavior

continuedcontinued Consent: Consent:

the manner in which a person displays his/her behaviorthe manner in which a person displays his/her behavior Example: Informed consent should be obtained before Example: Informed consent should be obtained before

the patient is given a sleeping pill or any other kind of the patient is given a sleeping pill or any other kind of medication that might make them drowsy. They have medication that might make them drowsy. They have to be of sound mind to make and informed consent. to be of sound mind to make and informed consent.

Felony:Felony: a more serious crime (definition listed earlier)a more serious crime (definition listed earlier)

Illegal restraint (false imprisonment):Illegal restraint (false imprisonment): holding a person against his/her will by using a restrictive holding a person against his/her will by using a restrictive

device or other meansdevice or other means Example: Example: if the nurses kept a patient in the hospital if the nurses kept a patient in the hospital

against their will; putting a restraint on a patient against their will; putting a restraint on a patient without a doctor’s order without a doctor’s order

CONFIDENTIALITYCONFIDENTIALITY

Invasion of Privacy:Invasion of Privacy: Revealing the person or personal Revealing the person or personal

information about an individual without information about an individual without his or her consenthis or her consent

Example: taking a picture of a patient Example: taking a picture of a patient and giving to a newspaper reporter and giving to a newspaper reporter without the patient’s permission; not without the patient’s permission; not providing privacy for a patient during a providing privacy for a patient during a bath by leaving the door openbath by leaving the door open

Privileged communications:Privileged communications: All personal information given to health All personal information given to health

personnel by a patient; must be kept personnel by a patient; must be kept confidentialconfidential

Only health care workers working directly with a Only health care workers working directly with a patient are entitled to review confidential patient are entitled to review confidential information about the patient – health care information about the patient – health care records are privileged communication records are privileged communication

Communicable diseases are considered to be Communicable diseases are considered to be exempt from privileged communications lawexempt from privileged communications law

HIPPA is the federal legislation which requires HIPPA is the federal legislation which requires the establishment of standards to protect health the establishment of standards to protect health informationinformation

LEGAL DIRECTIVESLEGAL DIRECTIVES Advanced directives:Advanced directives:

A legal document designed to indicate a person’s A legal document designed to indicate a person’s wishes regarding care in case of a terminal wishes regarding care in case of a terminal illness or during the dying processillness or during the dying process

Two types: Living Will and Durable Power of Two types: Living Will and Durable Power of AttorneyAttorney

They become effective when the patient loses They become effective when the patient loses the ability to make personal decisions the ability to make personal decisions

The hospital is required to provide information The hospital is required to provide information and assistance to patients wanting to prepare and assistance to patients wanting to prepare advance directives.advance directives.

Federal Law PSDA of 1990Federal Law PSDA of 1990 states that all states that all health care employees participate in mandatory health care employees participate in mandatory training about the medical and legal issues of training about the medical and legal issues of advance directives advance directives

Living will:Living will: A legal document stating a person’s desires A legal document stating a person’s desires

on what measure should or should not be on what measure should or should not be taken to prolong life when his or her condition taken to prolong life when his or her condition is terminalis terminal

Will include a “DNR” order within itWill include a “DNR” order within it Durable power of attorney:Durable power of attorney:

A legal document that designates another person to A legal document that designates another person to make health care decisions in the event that the make health care decisions in the event that the person is mentally or physically incapable of making person is mentally or physically incapable of making their own. their own.