Ch 22-24 Flashcards
Expert Witnesses
A person with specialized knowledge, skills, education, or experience in a particular field who assists the court with understanding complex technical or scientific issues
Importance of Expert Witnesses in Legal Proceedings
Discuss the significance of expert testimony in interpreting complex data and providing clarity to the court, referencing Federal Rule of Evidence 702
•Explain the impact of expert testimony on legal outcomes, particularly in clarifying factual disputes and contributing to more informed judicial decisions.
Specific Roles of Occupational Therapy Practitioners as Expert Witnesses
Outline the dual roles: treating practitioner (direct involvement versus independent contractor no direct patient contact).
•Detail responsibilities such as claim evaluations, medical record reviews, and potential for deposition or court testimony
Real-World Scenarios for Expert Testimony in Occupational Therapy
Provide examples of cases where occupational therapy practitioners might be called as expert witnesses:
•Disability determination via functional capacity evaluations.
•Assessments of workplace accommodations and compliance disputes.
•School-based services for children with exceptional needs.
Ethical Considerations and AOTA Code of Ethics
Discuss the AOTA Code of Ethics and its specific application to expert witnesses, focusing on principles of justice, veracity, and altruism.
•Examine potential ethical dilemmas including professional repercussions and legal liability.
Competencies and Practical Guidelines for Expert Witnesses
Emphasize the required skills and knowledge base for effective expert testimony, including critical analysis, objective opinion formulation, and comprehensive case knowledge.
•Provide guidelines for maintaining competency through continuous education, adherence to updated practice standards, and rigorous evaluation of one’s own qualifications and biases
Professional Conduct and Adherence to Legal Standards
Discuss the importance of understanding and adhering to legal standards such as the Daubert Test, which assesses the admissibility of expert testimony based on relevance and reliability
•Outline the responsibilities of expert witnesses to remain current with evidence-based practices and legal requirements, and to ensure transparency and objectivity in their professional conduct.
Compensation Ethics and Professional Business Practices
Address the setting of expert witness fees, emphasizing the importance of ethical considerations in fee determination and the prohibition of contingency fees
•Discuss the factors influencing fee settings, such as the complexity of the case, the time commitment required, and the practitioner’s level of expertise.
Client Abandonment
client abandonment within the context of occupational therapy.
•Highlight that despite varying state laws, a common theme is the necessity for adequate notice and proper transition to avoid harm
•Mention state laws that emphasize client autonomy and the practitioner’s role in interim care planning
Legal and Ethical Obligations
Discuss the dual responsibility of adhering to both legal guidelines and ethical considerations in occupational therapy.
•Explain the importance of establishing a timely transition plan that upholds client autonomy and limits harm.
Situations Leading to Termination of Care
Identify common reasons for care termination, such as employment changes, client relocation, or conflicts of interest.\
•Outline the practitioner’s responsibilities in ensuring smooth transitions, including providing referrals and completing necessary paperwork.
Addressing Ethical Tensions
Describe potential ethical tensions arising from financial constraints, geographical barriers, or changes in medical status.
•Highlight strategies proposed by Grajo and Rushanan (2022) for accessing community resources to mitigate harm
Enhancing Client Collaboration in Transition Planning
Discuss the benefits of transparent collaboration with clients during care transition (Govender, 2015).
•Emphasize the importance of preparing clients for the loss of the therapeutic relationship and managing related emotional impacts..
Ethical Management of Temporary Service Provision
Explain the ethical implications of temporary services provided by students or researchers.
•Stress the need for advanced notice and collaboration to prevent feelings of abandonment.
Comprehensive Transition Planning
Detail the steps involved in ethical termination or transition of therapy services:
•Complete all necessary documentation and referrals.
•Collaborate closely with the client and future service providers.
•Ensure continuity of care through effective communication of client needs
Legal and Policy Frameworks
List important legal and organizational policies to consult, such as those from Medicare, Medicaid, and employer-specific guidelines.
•Discuss the significance of these frameworks in guiding the ethical termination of services.
Best Practices for Ethical Termination of Care
Outline best practices to ensure ethical termination:
•Adherence to legal and organizational policies.
•Sufficient notice to employers and clients.
•Establishment of a detailed transitional care plan.
•Completion of all documentation in a timely manner.
•Offering referrals to other service providers as appropriate.
Historical Context of Occupational Therapy
Discuss the origins of occupational therapy post-World War I and its evolution through major historical events like the Great Depression and World War II (Peters & Reed, 2006).
•Mention how these historical challenges shaped the profession’s resilience and capacity to aid in recovery and rehabilitation.
Challenges in Modern Healthcare
Outline the complex health care challenges faced today, including public health crises like the COVID-19 pandemic.
•Describe the moral distress and ethical dilemmas occupational therapy practitioners face, such as balancing care provision with personal safety and resource allocation (Ulrich, 2020).
Ethical Responses During Global Health Crises
Highlight global events that tested health care preparedness, such as 9/11, the Ebola crisis, SARS, and Hurricane Katrina.
•Discuss the emergence of disaster medicine as a specialty to adapt care standards to the unique challenges of crises
Moral Distress and Ethical Dilemmas
Define moral distress and its impact on practitioners during crises (Erler, 2017).
•Explore conflicts between duty to care and personal safety, and the ethical guidelines developed in response
Preparing for and Responding to Health Crises
Examine the World Health Organization’s 2007 guidelines for epidemic and pandemic response.
•Review contributions from the Journal of Clinical Ethics on medical ethics during disasters
Occupational Therapy’s Role in Crisis Management
Discuss occupational therapy’s involvement in interprofessional teams during disasters (Parente et al., 2017).
•Detail how practitioners support community resilience and manage ethical challenges during and after disasters.
Resources and Support for Practitioners
List resources from AOTA and WFOT supporting practitioners during public health crises, including guidelines for well-being and ethical practice.
•Mention other professional resources available for managing pandemics and other crises.
