Unit F: Legal and Ethical Perspectives
Unit/Competency/Objective / Cognitive / PerformanceF / LEGAL AND ETHICAL RESPONSIBILITIES
HT06. / Analyze legal and ethical responsibilities in health care. / 6% / 2%
HT06.01 / Analyze the legal responsibilities that apply to torts. / 2% / 1%
HT06.02 / Analyze contracts, privileged communications, and HIPAA. / 2%
HT06.03 / Evaluate ethical and professional standards in a health care setting. / 2% / 1%
Unit Materials
Intro Web Resources F.2
Content Outline F.3 – F.4
Lesson Plans F.5 – F.7
HT05.01 Legal Responsibilities and KEY F.8 – F.9
Legal Puzzle and KEY F.10 – F.11
Legal Case Study #1 and #2 F.12 – F.13
Legal Case Study Rubric F.14
Name that Tort F.15
HT05.02 Legal and Ethical Puzzle F.16 – F.17
Mock Trial F.18
HT05.03 Ethical and Professional Standards F.19 – F.23
Ethical and Professional Standards Rubric F.24
KEY: Ethical and Professional Standards F.25 – F.27
HOSA Bowl Legal and Ethical Questions F.28 – F.29
Recommended Resources
First Edition
Author: Louise Simmers
ISBN #: 1401858090
©2004Publish Date: 1/5/2004
Binding: Hardcover
Pages: 340
Publisher: Delmar Learning
Web Resources
http://www.hipaa.org/
http://www.med.unc.edu/hipaa/
This UNC Chapel Hill site includes six training modules. The first module is on General Privacy and consists of 27 slides that can be viewed online at http://www.med.unc.edu/ois/hipaa/training/genprivacy_mod1/slide1.html
We like the slides because they include practical examples, giving students an opportunity to think about the implications of HIPPA.
Content Outline
Unit F Legal and Ethical Responsibilities
HT06.01 Analyze the legal responsibilities that apply to Torts.
A. Malpractice
B. Negligence
C. Assault and battery
D. Informed Consent
E. Invasion of privacy
F. False imprisonment
G. Abuse
H. Defamation
I. Slander
J. Libel
HT 06.02 Analyze contracts, privileged communication and HIPAA
A. Understand the elements of a contract
1. Offer, acceptance, consideration
2. List the two types of contracts implied/expressed
3. Legal capacity vs. legal disability
4. Role of an agent in contract law
B. Privileged communication
1. Written consent
2. Health care records
C. Privacy Act
1. HIPAA (Health Insurance Portability and Accountability Act)
2. Confidentiality
HT06.03 Evaluate ethical and professional standards in a health care setting.
A. Ethics
1. Principles of right and wrong
2. Dilemmas
3. Ethical code
4. Confidentiality
B. Patients’ Rights
1. Written policies in health care agencies
2 Patients Bill of Rights (American Hospital Association)
3. OBRA Omnibus Budget Reconciliation Act 1987
4. Residents Bill of Rights
C. Advance Directives
1. Living Wills
2. Durable Power of Attorney (POA)
3. Patient Self Determination Act (PSDA) 1990
D. Professional Standards
1. Perform procedures you are trained and legally permitted
2. Follow step-by-step methods for tasks
3. Obtain proper identification authorization
4. Observe all safety precautions
5. Confidential information
6. Think before you speak
7. Treat all patients equally
8. Accept no bribes or tips
9. Report and error or mistake immediately
10. Behave professionally in dress, language, manners, and actions
1. / ·1. / ·
1. / ·
·
Name ______Date ______
Legal Responsibilities
Read Section 5:1, Legal Responsibilities, in Health Science Career Exploration, and answer the questions below.
1. As a future health care professional, how can you avoid a lawsuit?
2. Can you restrain a person against his or her will if it is for his or her own good?
3. Can you be sued if you unintentionally leave a patient’s record open, and a visitor sees that the patient has a sexually transmitted disease?
4. What should you do if you see another health care worker make a serious error?
5. What is meant by the statement “It is easier to prevent negligence than it is to defend it?”
6. Why is malpractice also called “professional negligence?” Who can and cannot be guilty of malpractice?
7. Could a dental assistant ever be guilty of negligence? Give an example.
8. What is the difference between assault and battery?
9. In your own words, describe invasion of privacy.
10. What type of abuse do you think is the most difficult to prove in court? Why?
11. A teacher who was hospitalized sues a student nurse for defamation. What do you think might have happened?
Name ______Date ______
Legal Puzzle
Across
2. When false statements damage a person's reputation.
4. For example, a physical therapist treats a child without parental consent.
5. For example, when a dentist writes a letter to a newspaper editor claiming that a patient is a big baby and never pays his bills.
7. False ______can be charged if a patient is restrained without proper authorization.
12. A wrongful act that does not involve a contract.
14. Informed ______is permission granted voluntarily by a person who is of sound mind.
15. Malpractice is often described as bad _____ or professional negligence.
16. An example of abuse when a health care worker swears and shouts at a patient.
17. For example, when a nurse tells the press something about a celebrity patient that is insulting and untrue.
Down
1. Any care resulting in physical harm, pain, or mental anguish.
3. Unnecessarily exposing an individual.
6. For example, a doctor cuts into the bladder when removing the uterus.
8. A threat or attempt to injure.
9. For example, nursing assistant used hot bath water and burned patient.
10. Invasion of privacy can be caused by revealing _____ information about a patient.
11. Type of informed consent required for major surgery.
13. Negligence occurs when care that is ______expected is not given.
Legal Case Study #1
Patsy Clover is a nursing assistant in a nursing home. The head nurse has asked her to stay with 12 residents who are in the recreation room, watching a movie on the television.
Minnie Poole is a 90-year-old resident who is very alert and walks with a walker. She decides she wants to go back to her room because she does not want to watch the movie. She tells Patsy she is going back to her room.
Patsy believes she cannot leave the remaining eleven residents alone in the recreation room, particularly because two of the residents are somewhat confused and cannot walk at all. She also knows that the head nurse is very busy because another resident is acutely ill and the EMS is preparing to transfer that resident to the hospital.
Patsy asks Mrs. Poole to wait a few minutes until she can get some help, and Mrs. Poole replies, “No thanks, I’m going to my room.” Mrs. Poole then gets up to leave.
Patsy becomes frustrated with Mrs. Poole and tells her to sit back down. Mrs. Poole refuses and starts toward the door, and Patsy steps in front of her and locks the door, preventing Mrs. Poole’s exit.
The next day, Mrs. Poole complains to her family that she was locked in the recreation room against her will. Her son hires a lawyer and they charge the nursing home with false imprisonment.
Discussion questions:
1. Did Patsy act appropriately?
2. Was this a case of false imprisonment?
3. Could Patsy have done anything differently?
4. Does the nursing home and/or the head nurse have any legal responsibility for Patsy’s actions?
5. What would a reasonable and prudent person have done in this situation?
Legal Case Study #2
Patsy Clover is a nursing assistant in a nursing home. The head nurse has asked her to stay with 12 residents who are in the recreation room, watching a movie on the television.
Minnie Poole is a 90-year-old resident who is very alert and walks with a walker. She decides she wants to go back to her room because she does not want to watch the movie. She tells Patsy she is going back to her room.
Patsy believes she cannot leave the remaining eleven residents alone in the recreation room, particularly because two of the residents are somewhat confused and cannot walk at all. She also knows that the head nurse is very busy because another resident is acutely ill and the EMS is preparing to transfer that resident to the hospital.
Patsy asks Mrs. Poole to wait a few minutes until she can get some help, and Mrs. Poole replies, “No thanks, I’m going to my room.” Mrs. Poole then gets up to leave.
Patsy feels that she has no choice but to let Mrs. Poole walk back to her room. On the way back to her room, Mrs. Poole stumbles and falls, breaking her hip. Her son hires a lawyer and they charge Patsy with negligence.
Discussion questions:
1. Did Patsy act appropriately?
2. Was this a case of negligence?
3. Could Patsy have done anything differently?
4. Does the nursing home and/or the head nurse have any legal responsibility for Patsy’s actions?
5. What would a reasonable and prudent person have done in this situation?
Name ______Date ______
Legal Case Study Rubric
8 / 6 / 4 / 2 / Points AwardedPersonal Tasks and Thinking / · Participates actively with group
· Helps direct the group in setting and achieving goals
· Creatively completes assigned tasks
· Thoughtfully evaluates the case study / · Participates in group
· Participates in goal setting
· Participates in meeting goals
· Completes assigned tasks
· Analyzes the case study / · Participates inconsistently in group
· Shows some concern for goal setting
· Completes most assigned tasks
· Understands the case study / · Does not participate
· Shows no concern for the group
· Does not complete assigned tasks
· Limited understanding of case study
Discussion Skills and Active Listening / · Shares many ideas related to the goals
· Encourages all group members to share their ideas
· Listens attentively to others
· Empathetic to other people’s feelings and ideas / · Shares ideas when encouraged
· Allows sharing by all group members
· Listens to others
· Considers other people’s feelings and ideas / · Shares ideas occasionally when encouraged
· Allows sharing by most group members
· Listens to and considers others sometimes / · Discourages sharing
· Does not participate in group discussions
· Does not listen to others
· Not considerate of others' feelings and ideas
Group Behavior / · Encourages group to evaluate how well they are working together
· Involves the whole group in problem-solving
· Actively participates in helping the group work together better /
· Participates in group evaluation
· Offers suggestions to solve problems
· Demonstrates effort to help the group work together /
· Participates marginally in group evaluation
· Offers suggestions occasionally to solve problems
· Demonstrates effort sometimes to help the group work together / · Discourages evaluation of how well the group is working
· Chooses not to participate in problem-solving
· Promotes fragmentation of group
Comments:
Name That Tort
TEACHER INSTRUCTIONS
For this activity, you will need to select 4 or 5 students to act as judges, and assign the remaining students in pairs.
Allow pairs to draw one slip from each of the two bowls – Tort and Career. Then, give pairs five minutes to plan their strategy.
In turn, each pair should act out an example of the tort they drew, committed by the health professional (career) they also drew. When finished, the audience should be asked to “Name That Tort.”
After all pairs have acted out their tort, the teacher and judges should vote for the pair they believe did the best job of demonstrating that particular tort.
Malpractice / PhysicianNegligence / Nurse
Assault and/or battery / Dentist
Abuse / Physical therapist
Invasion of privacy / Defamation
Slander / EMT
Libel / Athletic trainer
False Imprisonment / Veterinarian
Mock Trial
Situation
Cancer patient Cyril Smith, 59, gave up his job in January, 2004 when doctors said he had three months to live. For the entire year, Mr. Smith lived on his life savings. In January of 2005, he started looking for work because his savings were spent and he needed some form of income.
Mr. Smith had given up a well-paying job ($1660/week) and has been unable to find a similar job because of his medical condition, which now seems to be in remission. He is currently working at Wal-Mart and is making $260/week.
Now Smith, is suing his doctor for loss of earnings because he outlived their predictions.
Class Roles
1. Cyril Smith – cancer survivor
2. Mrs. Smith – patient’s wife
3. Dr. Han Wong – Oncologist
4. Dr. Pat Wade – Oncologist, Chief of Medical Staff
5. Mario Franco – Wal-Mart manager
6. Lawyer for Mr. Smith
7. Lawyer for the doctors
8. 11 members of the jury
9. Judge (The judge will keep order in the court and throughout the proceedings.)
10. Other court roles may be assigned if desired, such as co-counsel for each lawyer, etc.)
Process
1. Lawyer for the Smiths will question the Smiths and try to persuade the jury that the Smiths suffered because of their doctors actions.
2. Lawyer for the doctors will question the doctors to try and persuade the jury that they acted appropriately and are not responsible for the results.
3. Lawyer for the Smiths will address the jury, explaining to them why they should award financial damages to the Smiths.
4. Lawyer for the doctors will address the jury, explaining to them why the doctors are not responsible as charged
5. The jury will discuss the facts of the case.
6. The jury will be silently polled. (They will vote to find the doctors innocent or guilty.)
7. The judge will read the results.
Name ______Date ______
Ethical and Professional Standards
This assignment is a self-paced study of the following sections in Health Science Career Exploration:
5:2 Ethics
5:3 Patients’ Rights
5:4 Advance Directives for Health Care
5:5 Professional Standards
Read each section and answer the questions or follow the instructions given. You may need to use additional sheets of paper.