Chapter 4: Healthcare Law & Ethics
Overview
Martin (he/him) is a 55-year-old Caucasian man who practices the Jehovah’s Witness religion. He works full-time as a building inspector, frequently over 50 hours per week. Martin strictly follows the teachings of his religion, including refusing any blood products as part of healthcare treatment. When Martin was scheduled for a surgical procedure, he donated his own blood to be used during the surgery and made sure his clinical team was aware that he did not consent to receiving any other blood products. How might this impact a situation where Martin was involved in an accident and needed blood as part of his medical care?
In this chapter, you will be introduced to key topics pertaining to law and ethics in healthcare. You will understand how the practice of healthcare is governed by both federal and state law and how those laws protect patient safety and privacy. Legal topics covered in this chapter include medical malpractice and tort law. Ethical scenarios will also be presented to highlight how healthcare professionals must adhere to a code of ethics in patient care. As you read through this chapter, consider how patients’ healthcare choices should be honored.
Objectives
Upon completion of this chapter, the learner will be able to:
- Explain the effect laws, ethics, and scope of practice have on healthcare delivery
- Describe privacy laws related to working with personal health information (PHI), including HIPAA, HITECH, and Red Flag Rules
- Find their state’s Department of Health laws and regulations, including the scope of practice in Washington State, and describe their role in patient safety and care
- Evaluate how malpractice occurs in various healthcare settings and provide suggestions for avoiding patient injury
- Describe the rights of healthcare professionals in dismissing a patient from care
- Define the Code of Ethics as it pertains to healthcare professions
- Explain how to apply ethical principles in decision making
- Discuss the law regarding healthcare professionals and mandatory reporting
- Describe workplace laws in healthcare
Key Terms
- Business associate agreement
- Defensive medicine
- Discovery rule
- Expressed consent
- Good Samaritan statutes
- HIPAA
- HITECH Act
- Implied consent
- Informed consent
- Malpractice
- Mandatory reporters
- Negligence
- Scope of practice
- Subpoena
- Statute of limitations
- Tort law
- Protected health information (PHI)
Attributions
- Chapter opening image: image released under the Pixabay License
