13: Legal vs Ethical Flashcards
T/F Providers must explain every possibility that might occur to protect themselves.
False. Providers do not have to explain every possibility that may occur but isn’t anticipated by equipment use. Providers must only disclose known drug-related events, not predict what might happen.
Makes financial decisions for patient.
Conservator
Is this legal or ethical?
Failure to obtain informed consent.
Both
What limiting factors to informed consent does the court recognize (3)?
- Medical matters are complex.
- Communication of scientific information by a trained health care provider to an untrained patient may be difficult.
- The remote possibility of risk is almost limitless; there should be a limit to what a provider is held to.
Is this legal or ethical?
Failure to follow the chain of command.
Legal
T/F Legal and ethical responsibilities are identical.
False. They are not identical. Ethical responsibility to obtain informed consent may be to do no harm but legal responsibility encompasses multiple criteria.
Physical ability to make and communicate decisions.
Capacity/Incapacity
Doctrine of informed consent may include what 7 items that would help a patient make an informed decision?
- Nature of condition
- Risks
- Benefits
- Inability to predict risks/benefits
- Irreversibility of procedure
- Likely result of no treatment
- Available alternatives, including risks/benefits
T/F A plaintiff was not successful in a claim because the court determined “[r]egardless of the severity of the potential injury, if the probability that the injury will occur is so small as to be practically non-existent, then the possibility of that injury occurring cannot be considered a material factor.”
True
Mental capacity/incapacity.
Competence/Incompetence
A health care provider has the duty to disclose all significant information that he/she possesses or reasonably should possess that is material to an intelligent decision by the patient. This applies to what legal principle?
Doctrine of Informed Consent
All ethical dilemmas may not have legal standards, if courts have not heard cases based on those ethical dilemmas. In the absence of court decisions, professionals are guided by _____.
Ethics/personal moral standards
When there is an ethical vs legal conflict, courts will evaluate whether a rational basis exists for a decision and generally consider the _____ when deciding an issue.
Public good
T/F “Extraordinary” measures has expanded in the past few decades to include not just ventilation, but possibly IV or feeding tubes.
True. The definition has expanded and may include IV in a patient unable to understand/tolerate pain. Courts have reviewed some ethical issues and guidelines exist, but they are not comprehensive and may not answer your specific situations.
Can be activated/inactivated to act on behalf of patient as needed.
Proxy
Identify whether issue is legal/ethical/both and ensure it is fact specific. Withdrawing treatment from an individual who wants it could be a/an _____ issue. Who is able to make that decision would be a/an _____ issue.
Ethical
Legal
Makes recommendations for patient in court.
Guardian ad Litem
Is this legal or ethical?
Competency issues.
Both
Obligation to give adequate information does not require disclosure of information the health care provider reasonably believes patient has.
Explicit/Implicit Understanding
Makes decisions patient would make.
Guardian
Is this legal or ethical?
Failure to properly document.
Legal
What practice tips can help prevent legal issues (8)?
- Know red flag conditions/complaints.
- Treat worst thing first.
- Know risk factors that call for screening exams/tests.
- Follow up on diagnostic tests and referrals.
- Revisit unsolved problems until resolved.
- Have systems in place for follow up.
- Audit charts for errors/mistakes/omissions.
- Treat every medical opinion as though to a patient in the office (differs from consultations with colleagues).
Is this legal or ethical?
Failure to show concern and consideration.
Both. Ethically, patient has a right to self-determination. Provider must show concern and consideration to allow that. Legally, there are potential omissions if the provider fails to communicate.
Is this legal or ethical?
Failure to follow/understand institutional policies/procedures.
Legal
Is this legal or ethical?
Failure to communicate/poor communication with the treatment team.
Legal
T/F Courts acknowledge that the patient’s right to know must be balanced with the recognition that an undue burden must not be placed on health care providers.
True
Is this legal or ethical?
Failure to understand/master use of equipment.
Legal
This is an example of what? Many don’t state the risk of infection, but being in an institutional setting increases that risk.
Explicit/Implicit Understanding
Is this legal or ethical?
Failure to keep up with current treatment (deviation from standard).
Legal
What “trouble spots” open you up to legal claims (5)?
- Failure to treat according to standards.
- Failure to refer/obtain consultation.
- Improper management/care.
- Delay of treatment/care.
- Medication errors.
