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ANES 1501 - M11 PPT: Legal Concepts, Risk Management, and Ethical Issues
- 1. LEGAL CONCEPTS, RISK MANAGEMENT, ETHICAL ISSUES ANES 1501 Introduction to Anesthesia Technology College of DuPage
- 2. LEGAL ISSUES Health care environment Considerable agreement over basic values Reflected in laws, standards, and guidelines Basic legal terminology Definitions of general legal terms Definitions of legal doctrines and traditional principles Tort law Any civil wrong independent of a contract
- 3. INTENTIONAL TORTS Intentional acts Willful and violate the civil rights of a patient Assault and battery Defamation False imprisonment Intentional infliction of emotional distress Invasion of privacy
- 4. INTENTIONAL TORTS (CONT’D) Intentional tort requires proof of the following: Defendant intended to interfere with plaintiff’s property Consequences of the act were also intended The act was a substantial factor in bringing about the consequences
- 5. UNINTENTIONAL TORTS Negligence and malpractice Patient misidentification Performing an incorrect procedure Foreign bodies left in patients and patient burns Falls or positioning errors resulting in patient injury Improper handling, identification, or loss of specimens
- 6. UNINTENTIONAL TORTS (CONT’D) Incorrect drugs or incorrect administration Harm secondary to use of defective equipment/instrument Loss of or damage to patient’s property Harm secondary to a major break in sterile technique Exceeding authority or accepted functions; violation of hospital policy Abandonment of a patient
- 7. DOCUMENTATION Medical record components Identification of the patient, physician(s), nurse(s), and other health care providers Medical history and physical examination Diagnosis Treatment plan, details, and results Medication record Physical findings during the hospital stay Discharge condition and follow-up treatment
- 8. SENTINEL EVENT/INCIDENT REPORTS Constitute much of the information used by the hospital in risk management Effort to collect and use data to decrease the chance of harm to patients and staff or damage to property Events that would require reporting Falls, medication errors, intraoperative burns, and loss of specimens
- 9. ADVANCED DIRECTIVES Characteristics Written instruction dealing with the right of an incapacitated patient to self-determination Carries weight of state law Expresses a patient’s wishes about the kinds and amount of medical treatment that will be provided Examples: living will and durable power of attorney
- 10. AHA PATIENT CARE PARTNERSHIP Patient’s Bill of Rights Emphasized collaboration between patients, physicians, and hospitals is essential Patient Care Partnership Replaced Patient’s Bill of Rights Contains plainer language
- 11. RISK MANAGEMENT AND LIABILITY Risk management Developed for prevention and control of areas of potential liability Objectives Minimize risks Avoid or control financial loss Identify causes of accidents Implement programs, policies, and procedures Collect and use data to decrease harm
- 12. MEDICAL ERRORS Prevention/reduction techniques Technology: best weapon Examples: bar-coded medications, identification strips, handheld wireless devices, and computer drug order-entry systems Written policies and procedures; standard precautions Exposure prevention strategies
- 13. SAFE MEDICAL DEVICE ACT Characteristics Expanded U.S. Food and Drug Administration’s authority to regulate medical devices Requires hospitals and distributors and manufacturers of devices to cooperate in implementing methods of device tracking Requires medical device users to report incidents that suggest probability of adverse reactions
- 14. MANAGING PATIENT AND EMPLOYEE INJURIES Sentinel events Include patient and employee injuries Components of managing injuries Injury is immediately reported Individual is rendered medical treatment if necessary Reports and documentation Contributes to implementation of controls Serves as legal documentation
- 15. MALPRACTICE INSURANCE Hospital employees who commit negligent acts Typically covered by facility insurance polices Professional liability insurance Should be carried by all practicing surgical technologists and surgical assistants
- 16. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY (HIPAA) Overview First federal act to establish privacy standards to protect patients’ medical records and other health-related information Standards developed by the Department of Health and Human Services Provides patients with easy access to their medical records and more control over how personal health information is disclosed
- 17. HIPAA CONT’D Objectives Ensure health insurance portability Guarantee privacy of health information Decrease incidences of fraud and abuse
- 18. HIPAA CONT’D Access to medical records Notice of privacy practices Limits on use of personal medical information Prohibition on marketing Confidential communications Complaints
- 19. ETHICAL AND MORAL ISSUES Ethics What is good for the individual and for society Establishes the nature of duties that people owe themselves and one another System of moral principles and rules Morality Dictates codes of conduct Guide to behavior
- 20. MORAL PRINCIPLES Guides for ethical decision making Examples: benevolence, trustworthiness, and honesty Include concern that we have for the well-being of others and respect for their autonomy Include basic justice, prevention of harm, and refusal to take unfair advantage
- 21. ELEMENTS OF ETHICAL DECISION MAKING Basic questions What makes a “right act” right? To whom is moral duty owed? What “kinds” of acts are right? What is the relationship between specific situations and ethical principles or guidelines? What action is to be taken in the situation at hand?
- 22. ELEMENTS OF ETHICAL DECISION MAKING CONT’D Factors in ethical decision Personal values Accountability for one’s actions Responsibility for one’s actions Religious beliefs Cultural beliefs Corporate integrity Method(s) of problem solving
- 23. SCOPE OF PRACTICE Legal term Identifies knowledge and skills to provide effective and reliable services Sources Federal law and federal agencies State law and regulations Legal precedent Hospital policy Professional organizations
- 24. CREDENTIALING Establishes a minimum knowledge base For a given health care profession Many types Registration Certification Licensure