Legal and Ethical Considerations
Expert-defined terms from the Advanced Certificate in Discharge Planning in Health and Social Care course at London School of Planning and Management. Free to read, free to share, paired with a globally recognised certification pathway.
Advance Directive #
A legal document that allows individuals to specify their preferences for medical treatment in the event they become unable to communicate their wishes. This document can include instructions for end-of-life care, such as a do not resuscitate (DNR) order.
Best Interest #
A legal standard used to make decisions on behalf of individuals who are unable to make decisions for themselves. This standard requires decision-makers to act in a way that promotes the well-being and welfare of the individual.
Capacity #
The ability of an individual to make informed decisions about their healthcare, financial matters, and other important issues. Capacity is often assessed by healthcare professionals to determine if a person has the ability to understand the consequences of their decisions.
Confidentiality #
The ethical principle that requires healthcare providers to protect the privacy of patient information and not disclose it to unauthorized individuals. Confidentiality is essential for building trust between patients and healthcare providers.
Consent #
The voluntary agreement to a proposed course of action, such as a medical treatment or procedure. Informed consent requires that individuals are provided with information about the risks, benefits, and alternatives to the proposed intervention.
Decision #
Making Capacity: The ability of an individual to make decisions based on an understanding of the relevant information. In healthcare settings, decision-making capacity is often assessed to determine if a patient can consent to treatment.
Discharge Planning #
The process of coordinating the safe and timely transition of patients from the hospital to another setting, such as their home or a long-term care facility. Discharge planning involves assessing the patient's needs and arranging for necessary services.
Duty of Care #
The legal obligation of healthcare providers to provide a certain standard of care to their patients. This duty includes providing competent and compassionate care, as well as protecting patients from harm.
Ethical Dilemma #
A situation in which there are conflicting moral principles, making it difficult to determine the right course of action. Ethical dilemmas are common in healthcare settings, where providers must balance the interests of patients, families, and other stakeholders.
Healthcare Proxy #
An individual appointed to make healthcare decisions on behalf of someone who is unable to make decisions for themselves. A healthcare proxy is often designated in an advance directive or durable power of attorney for healthcare.
Informed Consent #
The process of obtaining permission from a patient before initiating a medical treatment or procedure. Informed consent requires that patients are provided with information about the risks, benefits, and alternatives to the proposed intervention.
Legal Guardian #
A person appointed by a court to make decisions on behalf of someone who is unable to make decisions for themselves. A legal guardian is responsible for the well-being and welfare of the individual under their care.
Malpractice #
The failure of a healthcare provider to meet the standard of care, resulting in harm to a patient. Malpractice can include errors in diagnosis, treatment, or communication that lead to negative outcomes.
Medical Power of Attorney #
A legal document that designates an individual to make healthcare decisions on behalf of someone who is unable to make decisions for themselves. A medical power of attorney can also be referred to as a healthcare proxy.
Patient Autonomy #
The right of patients to make decisions about their own healthcare, including the right to consent to or refuse medical treatment. Patient autonomy is a fundamental ethical principle in healthcare.
Privacy #
The right of individuals to control access to their personal information and to keep it confidential. Privacy is protected by laws and ethical principles that require healthcare providers to maintain the confidentiality of patient information.
Quality of Life #
The overall well-being and satisfaction of an individual, taking into account physical, emotional, and social factors. In healthcare, decisions about treatment and care should be made with the goal of improving or maintaining the patient's quality of life.
Respect for Persons #
An ethical principle that requires healthcare providers to treat patients with dignity and respect, recognizing their autonomy and right to make decisions about their own care. Respecting persons also involves protecting the privacy and confidentiality of patient information.
Substitute Decision #
Maker: An individual authorized to make decisions on behalf of someone who is unable to make decisions for themselves. This may include a legal guardian, healthcare proxy, or family member designated to make decisions in the best interest of the individual.
Surrogate Decision #
Making: The process of making decisions on behalf of someone who is unable to make decisions for themselves. Surrogate decision-making often involves weighing the individual's values and preferences to determine the most appropriate course of action.
Voluntary Consent #
The agreement of an individual to a proposed course of action without coercion or undue influence. Voluntary consent is essential for ensuring that decisions are made freely and autonomously by patients.