CHAPTER  20

CHAPTER 20: LEGAL AND ETHICAL ISSUES IN HEALTHCARE  

20.1 Understanding Legal Responsibilities 

Nursing assistants and caregivers must be aware of their legal obligations in healthcare settings. This includes understanding patient rights, confidentiality, and the consequences of negligence. 

Patient Confidentiality: Adhering to privacy laws such as HIPAA (Health Insurance Portability and Accountability Act) to protect patient information. 

Informed Consent: Ensuring patients understand procedures and have agreed to them before treatment. 

Negligence and Malpractice: Avoiding improper care that can harm patients and understanding the legal implications of neglect. 

Case Study: Maintaining Patient Confidentiality  

Emma, a nursing assistant, overhears a colleague discussing a patient’s condition with a friend. Understanding the importance of privacy, Emma reminds her colleague about confidentiality laws and reports the incident to her supervisor. 

20.2 Ethical Considerations in Patient Care 

Ethics guide healthcare workers in making the right decisions when providing care. Ethical principles include: 

Autonomy: Respecting a patient’s right to make their own decisions. 

Beneficence: Acting in the best interest of the patient. 

Non-maleficence: Avoiding harm or injury to patients. 

Justice: Ensuring fair and equal treatment of all patients. 

Scenario: Ethical Dilemma in Patient Care 

Mark, a caregiver, is assigned to care for an elderly patient who refuses to take his medication. Mark understands that while he must respect the patient’s autonomy, he also has a duty to ensure the patient’s well-being. He consults the nurse to find an ethical solution. 

20.3 Workplace Legalities and Employee Rights 

Caregivers and nursing assistants also have rights in the workplace, including: 

Workplace Safety: Protection from hazardous conditions and proper training on safety procedures. 

Non-Discrimination: Fair treatment regardless of race, gender, or disability. 

Wages and Hours: Understanding fair pay, overtime regulations, and work schedules. 

20.4 Reporting Abuse and Neglect  

Healthcare professionals are required to report any suspected abuse, including: 

Elder or Child Abuse: Signs of physical, emotional, or financial abuse must be reported to authorities. 

Patient Neglect: Failure to provide necessary care, such as hygiene, nutrition, or medical attention. 

Case Study: Reporting Elder Abuse  

David, a nursing assistant, notices unexplained bruises on an elderly patient and that the patient seems fearful of a family member. Following protocol, David reports his observations to his supervisor, ensuring the patient receives protection and care.