Ethical principles and legal aspects of care

Definitions & Key takeaways

There are key ethical principles that guide the provision of health care: beneficence (DOIng good), non-maleficence (DOIng no harm), autonomy (respecting patients' decisions), justice (providing care equitably), fidelity, and confidentiality. In addition to these ethical principles, there are also a number of legal aspects to consider when providing care, including patient privacy rights, informed consent, and euthanasia.

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Introduction0:00–0:45

Ethics is a moral code of rules that dictates what is right and wrong and guides our behavior accordingly. In other words, we usually act a certain way because we believe it is the right thing to do.
On the other hand, a law involves legal rules that are dictated by the state or a governmental body to protect basic human rights.
In other words, the law tells us what we legally can or can’t do, and failing to obey these laws can result in punishment.
When providing care as a nursing assistant, you must always make sure your conduct is both ethical and legal. Now, each profession has its code of ethics, which dictates ethical principles that guide the standards of behavior and professional practice.

Code of Ethics0:45–2:02

The goal of the code of ethics is to guide conduct and practice and to help professionals make the right decisions when ethical issues arise.
The general ethical principles that apply to every healthcare worker are beneficence, nonmaleficence, justice, autonomy, fidelity, and confidentiality.
Beneficence means doing good for your clients, taking care and treating them with respect and taking consideration of their dignity.
On the other hand, nonmaleficence means to avoid causing any harm to your client. Now, justice means you must treat all clients equally and fairly, regardless of their race, culture, disabilities, or socioeconomic situation.
Autonomy means respecting your client’s right to make their own decisions. Fidelity means acting with honesty, loyalty, and integrity to earn your client’s trust.
Finally, confidentiality means maintaining a client’s privacy by keeping sensitive issues a secret unless your client gives you permission to share them.Alright, now onto the legal aspects of care.

Criminal Laws2:02–2:23

The law can be classified as criminal or civil. The criminal law involves the relationship with society in general.
Acts that violate criminal laws are called crimes and include abuse, stealing, and murder. People that commit a crime can be punished with a fine or even sent to prison.
On the other hand, civil law involves the relationship between people, such as the nurse-client relationship. People that break a civil law usually have to pay a fine or settlement to the damaged person.

Civil Laws2:23–2:35

Violations2:35–5:37

When someone violates the civil law, we call it a tort. Torts can be intentional, meaning they’re done on purpose, or unintentional when the damage caused was not on purpose.
Unintentional torts are considered negligence, meaning that the person that caused the damage didn’t act in a responsible and careful way.
Some examples of negligent acts include forgetting to check the water temperature when helping a client bathe, leading to them getting burns; forgetting to raise the side rail and the client falls out of bed; and forgetting to report and document bedsores you noticed.
When a negligent act is done by a professional with a practicing licence, such as doctors and nurses, it’s called malpractice.
The concept of malpractice is associated with the concept of standard of care, which defines the level of care and skill that all competent healthcare workers should have when caring for their clients.
So, a professional that fails to meet the expected standard of care can be charged with malpractice. Okay, now, intentional torts include defamation, false imprisonment, fraud, invasion of privacy, assault, and battery.
Defamation means making false statements that damage another person’s reputation. Spoken statements are called slander, while written statements are called libel.
False imprisonment means keeping a client confined against their will when it’s not a medical necessity. Keep in mind that sometimes it might be necessary to confine a client to a room or bed for their safety and the safety of others, but this isn’t considered false imprisonment.
Fraud involves doing something to deceive another person. For instance, as a nursing assistant, telling your client that you’re a nurse is committing fraud.
Invasion of privacy means violating a client’s right to keep their records and personal information private. This can include the client’s medical history, test results, diagnosis, or prognosis.
Remember to always get the client’s consent before sharing any information.Assault involves attempting or threatening to touch someone without their consent, causing them to fear you may harm them.
Any angry gesture or statement can be considered assault, so if you feel on edge or like you’re becoming frustrated with a client, remember to take a break and relax.
Finally, battery means actually touching someone without their consent. You must always explain to the client what you’re about to do and make sure they’re okay with it.
Additionally, before starting any treatment, make sure informed consent has been obtained from the client. Informed consent implies that clients have been informed of the need for a particular treatment, and they give their permission to proceed.
Keep in mind that clients can still refuse treatment at any time, even if they’ve given consent to it. Nowadays, there’s an additional item that you must use carefully, and that’s electronic communication.

Electronic Communications5:37–6:18

This includes text messages, e-mail, phone calls, and social media.For correct use of electronic communication, make sure you follow your facility’s policy regarding electronic communication.
Avoid discussing or posting anything about your workplace or your clients to respect your client’s right to privacy. Maintain professional boundaries by avoiding online contact with clients, former clients, and their family members.
If you notice co-workers breaking these rules, be sure to tell your supervisor right away. Alright, as a quick recap… When providing care in the workplace, you must always make sure your actions are both ethical and legal.

Recap6:18–7:25

Ethics is a moral code of rules that dictate what is right and wrong. Each profession has its code of ethics, which dictates ethical principles that guide the standards of behavior and professional practice.
The main ethical principles are beneficence, nonmaleficence, justice, autonomy, fidelity, and confidentiality. For the legal aspects of care, criminal law involves the relationship with society in general, while civil law involves the relationship between people.
Violating the civil law is called a tort, which can be intentional or unintentional. Unintentional torts are considered negligence.
On the other hand, intentional torts include defamation, false imprisonment, fraud, invasion of privacy, assault, and battery.
Make sure you follow your facility’s policies concerning electronic communication to respect your client’s privacy and to maintain professional boundaries.