Promoting Legal & Ethical Awareness: Module 2
This course is offered in cooperation with Elsevier Science and utilizes the softback textbook, “Promoting Legal and Ethical Awareness: A Primer for Health Professionals and Patients”, by Ron Scott, c2009.
Covering the legal and ethical issues involved with patient care, this book provides you with a framework for making important health-related decisions on patient care. It includes the latest information on HIPAA, IDEA (Individuals with Disabilities Education Act), ADA (the Americans with Disabilities Act), and the No Child Left Behind Act. It also discusses methods of alternative dispute resolution and makes recommendations for improving attorney-health professional-client relations.
Module 1 covers legal and ethical foundations and the law of health care malpractice. Topics include: the nature of the American legal system, jurisdiction, criminal and civil law defined and distinguished, the litigation process, bases for moral conduct, enforcement of ethics codes, professional codes of ethics, legal bases for imposing liability for patient injury and internal and external factors increasing health care professionals’ malpractice liability exposure.
Module 2 covers intentional wrongs and ethical and legal issues in employment. Topics include: intentional torts (assault, battery, fraud, etc), criminal law, ethical and legal issues in workplace sexual harassment and human resource management issues.
Module 3 covers business law and ethics, legal and ethical issues in education and a focus on professional ethics. Topics include: business torts, antitrust and administrative law, contracts, Good Samaritan laws, liability risk management for clinical instructors and affiliation sites, life and death decision making, nondiscrimination in health care delivery, gifts, and more.
Course Length: 4.0 contact hours
Instructional Level: Beginner/Intermediate
This package includes the reading and testing materials for Module 2 only.
Promoting Legal & Ethical Awareness: Module 2
Goals and Objectives:
Course Goals: The goal is this course is to educate the student, through self-paced study, on intentional wrongs for the health care delivery system including intentional torts and criminal law, and ethical and legal issues in employment.
At the end of this course the student will be able to
1. Identify the 2 elements that the state must require proof of for successful prosecution of most crimes.
2. Identify the differences between assault and battery
3. Identify the differences between slander and libel.
4. Identify the differences between defamation per quod and defamation per se
5. Identify warning signs of possible elder abuse in the patient and the caregiver
6. Identify the concept of false imprisonment as it applies to the health care delivery environment
7. Identify 4 principal forms of legally actionable invasion of privacy in the health care delivery environment
8. Identify sexual misconduct in the health care delivery environment
9. Identify 2 types of health care-related sexual abuse
10. Identify 4 risk-management measures that can be used to help prevent sexual abuse and harassment in the health care delivery environment
11. Identify the classifications of types of criminal actions
12. Differentiate between mala in se and mala prohibita criminal activities
13. Identify the elements and burdens of proof in criminal cases
14. Identify the components of the criminal procedure from arrest to appeal
15. Identify violent crimes in the health care environment
16. Identify non-violent crimes in the health care environment
17. Identify the outcomes of the Older Workers Benefit Protection Act of 1990, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Drug-Free Workplace Act of 1988, the Employee Polygraph Protection Act of 1988, the Family and Medical Leave Act of 1993, the Occupational Safety and Health Act of 1970 and the Pregnancy Discrimination Act of 1978.
18. Identify ethical and legal issues in workplace sexual harassment
19. Identify the concept of negligent hiring and its outcome for employers in the health care environment
20. Identify the possible liabilities incurred by utilizing independent contractors
21. Identify potential litigation issues involved with writing letters of recommendation
22. Identify 3 risk management suggestions for writing letters of recommendation
23. Identify 4 criteria that must be met for a restrictive covenant (non-compete) to be valid and enforceable