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Health Science Core Chapter 4 The Allied Health Worker, the Law, and Professional Ethics

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McFatter Technical Center Emergency Medical Technician - Basic Health Science Core Chapter 4 The Allied Health Worker, the Law, and Professional Ethics – PowerPoint PPT presentation

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Title: Health Science Core Chapter 4 The Allied Health Worker, the Law, and Professional Ethics


1
Health Science Core Chapter 4 The Allied Health
Worker, the Law, and Professional Ethics
McFatter Technical Center Emergency Medical
Technician - Basic
2
Patient Trust
  • Patient advocate individual who supports and
    pleads the cause of the patient.
  • Scope of practice legal description of what a
    specific health professional may and may not do.
  • State Statutes written laws
  • Not legally permitted to perform outside the
    training level
  • Medical Director defines the scope of EMTs with
    standing orders (protocols) or direct
    communication (radio)

3
Standard of Care
  • Manner in which you must act or behave
  • Standard imposed by local customs how a prudent
    person with similar training and experience would
    act under similar circumstances with similar
    equipment and in the same place.
  • Standard imposed by law standards of medical
    care imposed by statutes, ordinances,
    administrative regulation, or case law.

4
Standard of Care
  • Professional or Institutional Standards
    standard imposed by law, professional, or
    institutional.
  • Professional published by organizations
    involved in EMS
  • Institutional Your EMS service rules and
    regulations

5
Ethics
  • Ethics principles of conduct that establish
    standards and morals that govern decisions and
    behavior.
  • Ethical decisions involve integrity, honesty, and
    a strong sense of right and wrong.
  • EMS code of Ethics

6
Duty to Act
  • Individual responsibility to provide patient care
  • Respond to a call or treatment begins
  • Off duty responsible to act if you identify
    yourself as an EMT

7
Contractual Relationships
  • Contract implies everyone involved has agreed to
    do something.
  • Breach of contract
  • Duty to act legal duty to provide care to a
    patient within his or her legal scope of practice
  • Relevance relevant to the subject matter
  • Compensation Payment for services
  • Mutual agreement both parties agree on services

8
Requirements for breach of contract lawsuit
  • Duty to act legal duty to provide care
  • Breach of duty to act omission of care
  • Proximate cause aspect of care that was omitted
    or committed directly caused a patients injury
    or death.
  • Damages (recoverable) degree of loss that has
    occurred due to injury to person, property, or
    reputation.

9
Common Healthcare Lawsuits
  • Negligence failure to give reasonable care or
    to do what another prudent person with similar
    experience, knowledge, and background would have
    done under the same or similar circumstance.
  • Malpractice professional misconduct or lack of
    professional skill that results in injury to the
    patient.

10
Types of Intentional torts (Negligence)
  • Battery unlawful touching of an individual
    without consent
  • Assault threat of immediate harmful or
    offensive contact without commission of the act
  • False imprisonment restraining a person against
    his or her will, either physically or verbal
    threats.
  • Abandonment termination of supervision of a
    patient without patients consent

11
Types of Intentional torts (Negligence)
  • Invasion of privacy public discussion of
    private information without patients written
    consent (See HIPPA laws).
  • Defamation of character discussion of a person
    by another either in writing or verbally that
    damages that persons reputation.
  • Fraud and misrepresentation intentional
    withholding of information from a patient to
    cover up mistakes

12
Consent
  • Patient must give permission for treatment. Not
    obtaining consent could be ground for criminal
    and civil action for assault and battery.
  • Expressed consent actual consent
  • Implied consent patient is unconscious and
    unable to give consent when serious threat to
    life and limb, but it is assumed they would give
    consent

13
Minor Consent
  • Only parent or legal guardian can give consent.
    Minor are not able to give consent. Except
  • Emancipated
  • Married
  • Pregnant

14
Right to Refuse Treatment
  • Must make sure the patient understands
  • Must inform potential risks, benefits,
    treatments, and treatment alternative
  • Must document refusal of care, patient or
    guardian sign acknowledgement, and get witnessed
    signature

15
Baker ActFlorida Statue Chapter 394.463
  • Mental Health relates to authorization of police,
    physicians and the courts to dictate certain
    medical care for persons who pose a threat to
    themselves or others

16
Incapacitated Person Act Florida Statue Chapter
401.445
  • Allows for the examination / treatment of an
    incapacitated person in an emergency.
  • Intoxicated
  • Under Influence of Drugs
  • Incapable to provide Consent

17
Good Samaritan Laws and Immunity
  • Protects good Samaritan from liability for errors
    and omissions that are made in giving good faith
    emergency care.
  • Any one can be presented with a lawsuit
  • Good Samaritan law provides a defense
  • Do not protect
  • Gross or willful negligence
  • Failure to provide proper care outside the scope
    of care

18
Advance DirectivesDo Not Resuscitate Orders
(DNRO)
  • State of Florida on standard form DH Form 1896
  • Legal document that provides advance direction on
    withholding care

19
Florida DNRO Acceptable Identification
  • Original Yellow DH Form 1896 with original
    signatures
  • Copy on Yellow Paper DH Form 1896 with Original
    Signatures
  • Wearing Bracelet, but must provide Original DH
    Form 1896.
  • Not Acceptable
  • Living wills and oral orders from non-Physician
    staff members

20
Florida DNRO Confirming Patient with DNRO
  • EMT must confirm identity of patient
  • Drivers license
  • or
  • Photo Identification
  • or
  • 3. Witness
  • Must document on report the following with
    witnesses
  • Full Name of witness
  • Address and phone number
  • Relationship of witness to patient

21
Confidentiality
  • Communication between you and the patient is
    considered confidential. Including
  • Patient history
  • Assessment findings
  • Treatment provided
  • HIPPA Health Insurance Portability and
    Accountability Act of 1996 patient privacy
    rights

22
HIPAA Law Main Goal
  • Assure that individuals health information is
    properly protected while allowing the flow of
    health information needed to provide and promote
    high quality health care and to protect the
    public's health and well being.
  • Strikes a balance that permits important uses of
    information, while protecting the privacy of
    people who seek care and healing.

23
HIPAA Law Information Protected
  • Individually identifiable health information is
    information, including
  • the individuals past, present or future physical
    or mental health or condition
  • the provision of health care to the individual
  • the past, present, or future payment for the
    provision of health care to the individual

24
References
  • Pollak, Andrew N. Emergency Care and
    Transportation of the Sick and Injured. 9th ed.
    Sudbury, Massachusetts Jones and Bartlett, 2005.
  • Stevens, Kay, and Garber, Debra. Introduction to
    Clinical Allied Healthcare. 2nd ed. Clifton
    Park, New York Thomson Delmar Learning, 1996.
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