LEGAL LIABILITY AND THE RCP Negligence Malpractice - PowerPoint PPT Presentation

Loading...

PPT – LEGAL LIABILITY AND THE RCP Negligence Malpractice PowerPoint presentation | free to download - id: 3c0841-OTMwO



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

LEGAL LIABILITY AND THE RCP Negligence Malpractice

Description:

LEGAL LIABILITY AND THE RCP Negligence Malpractice Litigation Confidentiality Negligence Defined as loss or damages arising from unreasonable behavior of others. – PowerPoint PPT presentation

Number of Views:45
Avg rating:3.0/5.0
Slides: 46
Provided by: virtualYo
Learn more at: http://virtual.yosemite.cc.ca.us
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: LEGAL LIABILITY AND THE RCP Negligence Malpractice


1
LEGAL LIABILITY AND THE RCP
  • Negligence
  • Malpractice
  • Litigation
  • Confidentiality

2
Negligence
  • Defined as loss or damages arising from
    unreasonable behavior of others. Reasonable
    care must be taken to foresee and anticipate
    possible harm. Generally 3 or 4 criteria must
    be met in order for negligence to have taken
    place

3
Negligence 1
  • The harm was such that it would NOT have taken
    place normally without someone's negligence.
  • Duty to act in a reasonable and prudent manner
    (as any other therapist)

4
Negligence 2
  • The action responsible for the injury was under
    the control of the defendant.
  • The breach of duty was connected to the resultant
    injury

5
Negligence 3
  • The injury did not result from any contributing
    negligence or voluntary assumed risk on the part
    of the injured party. Did the patient do
    something to cause or contribute to the injury in
    question?

6
Negligence 4
  • Injury or Damages
  • Must involve an actual loss or damage to the
    plaintiff.
  • Awards from the court can be compensatory or
    punitive

7
Malpractice
  • There are three types of malpractice.
  • Criminal
  • Civil
  • Ethical

8
Criminal Malpractice
  • Criminal malpractice use of professional skills
    and activities in violation of criminal laws.
    An example is euthanasia practiced by a physician
    in violation of existing penal codes preventing
    these activities on the part of both health care
    providers others. Jail sentences may be given
    to defendants in these actions.

9
Civil Malpractice
  • Civil malpractice violation of "community
    standards of care" or "national standards of
    care" resulting in an injury to a patient. The
    court will frequently use "expert witnesses" to
    evaluate the alleged action(s) to establish their
    appropriateness in light of "common medical
    practice". State licensure codes establishing "a
    practice act" may provide the legal basis for
    determining if the activities were within the
    defendants "scope of practice". Monetary awards
    are typically given to the patient or surviving
    family.

10
Ethical Malpractice
  • Ethical malpractice the engagement in criminal
    activities or violations of "ethical codes of
    conduct" that are established by State Licensing
    Boards. These actions may result from a
    practitioner being convicted of drunk driving,
    drug possession or sale, felony child
    endangerment, spousal abuse, theft, violation of
    firearm statutes, assault or any crime
    endangering others. Sanctions include
    restrictions on practice activities (supervised
    practice), limitations on patient contacts,
    limited loss of practice privileges for specified
    time periods or permanent revocation of a license.

11
Who is At Risk for Malpractice Awards?
12
At risk
  • Clinicians with less than 3 years experience

13
At risk
  • Clinicians with greater than 15 years experience

14
At risk
  • Clinicians who do not hold memberships in
    professional associations or who do not subscribe
    to journals in their specialty areas.

15
At risk
  • Clinicians who have poor assessment, problem
    solving and charting skills.

16
At risk
  • Clinicians who are unaware of policies and
    procedures and "chain of command".

17
At risk
  • Clinicians who inappropriately prioritize their
    clinical responsibilities and actions. These
    are individuals who are typically "task
    oriented". They frequently have poor "critical
    thinking skills".

18
What are the events which may result in
litigation?
  • Sudden/unexpected deterioration in the patient's
    condition
  • Failure to monitor patients at requisite
    intervals
  • Patient injuries (falls, medication errors, etc.)

19
Court cases
  • Equipment failures (usually attributed to human
    error)
  • Implementation of new equipment / therapies

20
Court cases
  • Failure to advise physician and/or supervisor of
    change in patients health status
  • Failure to adequately assess clinical status
  • Failure of staff to respond in a timely manner.
  • Failure to respond to alarms

21
Actions Involved in Lawsuits
  • Failure to maintain accurate, timely and complete
    medical records
  • Failure to carry out treatment and evaluate
    results of treatment
  • Failure to follow hospital protocols

22
Respondeat Superior
  • Let the master answer
  • The therapist is working under the orders and
    supervision of the doctor
  • The hospital and the doctor are responsible for
    actions of the assistant
  • The therapist has the obligation to clarify
    orders rather than risk harm
  • .5 instead of 0.5cc of albuterol

23
Scope of Practice
  • General guidelines and parameters for the
    therapist to practice medicine
  • Deviations can cause litigation
  • Only exception is basic CPR at the roadside under
    the Good Samaritan legislation

24
Policy and Procedure
  • The rules and guidelines outlined in the large
    volume book(s) that outline the proper technique
    for all actions of the therapists in that
    department of the hospital
  • How to do a treatment, ABG etc

25
Patient Confidentiality
  • All information regarding the patient must be
    held in the strictest confidence. This includes
    all personal and medical information.
    Information included in the chart must never be
    removed from the hospital if it can be identified
    as belonging to a specific patient. Names must
    be removed from patient records prior to there
    being copied for personal use.

26
Patient Confidentiality
  • Caution must be exercised when verbally
    discussing the care of a specific patient while
    in the presence of non-medical personnel. The
    information you are discussing is based upon
    their being a privileged relationship between the
    patient and you. Inappropriate sharing of this
    information may result in allegations of Libel
    Slander against health care providers.

27
Exception to Confidentiality
  • When the welfare of the community or the health
    of a vulnerable individual is at risk

28
Role Fidelity
  • When a therapist defers the patients questions
    about a condition to the attending doctor

29
Autonomy
  • Two components professional duty and a patient
    right.
  • Patients have right to get what they rightfully
    deserve, not be harmed and receive fair and
    equitable treatment
  • It would be wrong for the therapist to use deceit
    or coercion to get a patient to decide
    differently

30
Informed Consent
  • The patient should be informed of any grave risks
    of injury that may be incurred with the therapy
  • A duty to disclose what a reasonable and prudent
    therapist may encounter even with exercising
    diligent care

31
Veracity
  • Binds the healthcare provider and the patient to
    tell the truth.
  • Our treatments always show an improvement to the
    patient

32
Benevolent Deception
  • The truth is withheld from the patient for his or
    her own good.
  • Mostly in suicide cases and with children
  • 94 of Americans want to know the truth of their
    medical situation

33
Nonmaleficence
  • Obligates the healthcare provider to avoid
    harming patients and to actively prevent harm
    where possible

34
Beneficence
  • Required to do everything to promote a patients
    life, regardless of how useful the life might be
    to that individual
  • Contrasted with
  • Believe that doing nothing and allowing death to
    occur without taking heroic measures to prevent it

35
Advance Directives
  • The living will
  • The durable power of attorney
  • Hospitals are obligated to follow the wishes of
    the patient

36
Organizations in Respiratory Care
37
NBRC
  • NBRC- National Board for Respiratory Care-
    responsible for development of credentialing
    examinations used nationally and by state
    licensing agencies. The NBRC also awards the
    CRTT (Certified Respiratory Therapy Technician)
    credential and the RRT (Registered Respiratory
    Therapist) credential. Specialty
    examinations/credentials are available in
    Pulmonary Function Testing and Neonatolgy/Pediatri
    cs.

38
CoARC
  • CoARC- Committee for the Accreditation of
    Respiratory Care Programs) - responsible
    approving (accredititing) Respiratory Care
    educational programs. All programs must be
    accreditited by this agency in order to allow
    students to take credentialing exams.

39
AARC
  • AARC- American Association for Respiratory Care-
    official professional organization for
    Respiratory Care professionals. Membership
    includes a subscription to the official journal
    "Respiratory Care" and a magazine format
    publication called "The AARC Times". Each is
    published monthly. Each December the AARC
    sponsors a national convention at which numerous
    (over 130) educational sessions are held over a
    three day period.

40
AARC
  • Student membership is strongly recommended! The
    journal "Respiratory Care" and "The AARC Times"
    are available in the MJC East campus library.

41
CSRC
  • CSRC- California Society for Respiratory Care-
    statewide wing of the AARC. This organization is
    composed of local chapters representing
    geographic regions within California.. (The
    local group is chapter 13).

42
CSRC
  • The state and local chapters present educational
    sessions periodically throughout the year. The
    state convention is every June. The CSRC is also
    active in monitoring legislative activities in
    Sacramento and acting on issues relevant to
    Respiratory Care Professionals.

43
State License Board
  • RCB- Respiratory Care Board of California- the
    official licensing agency for Respiratory Care
    professionals. Located in Sacramento.
    Graduates from Respiratory Care programs apply
    for licensure to this agency. This agency is
    responsible for investigating all new
    applications for licensure and also for
    investigating claims of ethical professional
    violations.

44
  • The official title for licensed Respiratory Care
    professionals in California is "Respiratory Care
    Practitioner" (RCP).

45
The End
  • Any Questions?
About PowerShow.com