Ethico Legal Aspects of Care
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Transcript of Ethico Legal Aspects of Care
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Ethico Legal Aspects
of CarePresented by:
Darash S. VillafloresLykaLea G. Villamor
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Historical Background Beneficence the duty to benefit
Nonmaleficence the duty not toharm
The Code of Hammurabi (19551913B.C.) included penalties forphysicians/surgeons who did not
cure. Punishments were specifiedfor infractions of the code.
First medical malpractice suit wastried in England in 1374. The first
one in the United States occured in
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Legal Issues
Lawsuit- a legal action brought between twoprivate parties in a court of law.
Consumerism- the protection of the rights andinterests of consumers, especially with regardto price, quality, and safety.
Litigation- the act or process of bringing aboutor contesting a lawsuit or all lawsuitscollectively.
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Consumer Rights movement- a movement thatfocuses on consumer rights, a well informedpublic has developed an increasingly litigiousattitude demanding compensation for bodilyinjuries or damages to personal properties.
Causes of litigation- lie in patients and theirfamilies belief that physicians and/or healthcare organizations have not providedappropriate dx, tx, or results.
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Liability
Liability- legally responsible for personalactions
Negligence- the failure to use the care orskills that any caregiver in the same or asimilar situation would be expected to use.
Malpractice- any professional misconduct,unreasonable lack of skill or judgement, orillegal or immoral conduct.
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Good Samaritan Acts
Laws designed to protect health care providerswho provide assistance at the scene of anemergency against claims of malpractice unless itcan be shown that there was a gross departurefrom the normal standard of care or willfulwrongdoing on their part. Gross negligenceusually involves further injury or harm to theperson.
Ex.: An automobile may strike an injured child lefton the side of the road when the nurse leaves toobtain help.
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Liability
Liability Prevention for the Facility and the Team
Liability Insurance
Borrowed Servant Rule
Independent Contractor
Doctrine of the Reasonable Man Doctrine of Res Ipsa Loquitur
Doctrine of Respondent Superior
Doctrine of Corporate Negligence
Extension Doctrine
Assault and Battery Invasion of Privacy
Crimes and Torts
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Consent General Consent- most facilities require the
patient or his/her legal guardian to sign a generalconsent form on admission.
Informed Consent- recognizes thephysicians duty to inform the patient of the risks,benefits and alternatives of a procedure and toobtain consent before treatment.
Informed Consent for a Surgical Procedure
Responsibility forInformed Consent before a SurgicalProcedure
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Validation of Consent
Witnessing a Consent
Consent in Emergency Situations
Right to Refuse a Surgical Procedure
Second Opinion
Advance Directives
The patient Self-Determination Act
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LEGAL ASPECTS OF DRUGS AND
MEDICAL DEVICES
1906- Pure Food and Drug Act
The Food, Drug, and Cosmetic Act of 1938
The Kefauver-Harris Drug Amendments of 1962
The Medical Device Amendments of 1976 1998- reclassification of many devices
Class I
Class II
Class III
1984- mandatory reporting regulation was put intoeffect.
1993- FDA began the voluntary MedWatch program
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THE STANDARD OF CARE AND
PROFESSIONALETHICSSOURCES OF PROFESSIONAL STANDARDS
Standards of care- acts that a reasonably prudent person withcomparable training and experience would perform under the sameor similar circumstances.
SOURCES OF PERIOPERATIVE PATIENT CARE STANDARDS:
Standards of Perioperative Nursing:
Standards of Perioperative Administrative Nursing
Standards of Perioperative Clinical Practice
Standards of Perioperative Professional Performance
Quality Improvement Standards for Perioperative Nursing
Patient Outcomes: Standards of Perioperative Care Association of Surgical Technologists Standards of Practice
JCAHO standards
National Fire Protection Association (NFPA) standards
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Association for the Advancement of MedicalInstrumentation (AAMI) device standards
Clinically based risk-control standards
REGULATORY STANDARDS
The 1965 Federal Medicare Act and all subsequentamendments to this Social Security Act
American National Standards Institute (ANSI) standards
Federal Food and Drug Administration (FDA)performance standards
Agency for Healthcare Research and Quality (AHRQ)clinical practice guidelines
Occupational Safety and Health Administration (OSHA)standards
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RECOMMENDED PRACTICES
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Sou
rces: Tighe, Shirley M. (2008).Instrumentation for the Operating Room. (4th ed.) USA: Mosby Inc. Smeltzer, Suzanne C. & Brenda G. Bare, et. al. (2008). Brunner &
Suddarths Textbook of Medical and Surgical Nursing. (11th ed.)Philadelphia: Lippincot Williams & Wilkins.
Berman, A., Snyder, S.J., et. al. (2005) Kozier & Erbs Fundamentalsof Nursing: Concepts, process and practice. (7th ed.). New Jersey:Pearson Education, Inc.
Lewis, S. et. al. (2000). Medical-Surgical Nursing: Assessment andManagement of clinical problems. (5th ed.) USA: Mosby, Inc.
Black, J.M., Hawks, J.H. & Keene, A.M. (2001). Medical-SurgicalNursing. 6th Ed. W.B. Saunders Company: Philadelphia.