Ch # 3 : Ethics & Law Flashcards
Failure 2 continue 2 provide medical care 2 a patient w/out proper notification
Abandonment
A bill or measure that has become law
Often refers to legislation w/several parts
Act
A person who intercedes on another person’s behalf
Advocate
A formal process whereby the parties 2 a dispute agree 2 submit 2 the decision of a neutral party
Arbitration
A defense 2 a lawsuit that establishes that the plaintiff assumed the risk of whatever caused the injury
Assumption of risk
Ability 2 make independent decisions w/out constraint or coercion by others
Autonomy
Acting in the best possible way
Preforming good deeds
Beneficence
Law established by decisions of previous court cases
Case law
Law that regulates relationships and interactions between individuals and groups
Civil law
Producing genetically identical cells or individuals artificially
Cloning
An unwritten body of law based on general custom
Common law
A defense 2 a lawsuit that establishes a percentage of responsibility 4 injury on the part of the plaintiff
Comparative negligence
A condition that must b met b4 a contract is binding
Contingency
A defense 2 a lawsuit that establishes any responsibility 4 injury on the part of the plaintiff
Contributory negligence
A drug that has potential 4 addiction or abuse
Controlled substance
An offense in violation of a law that prohibits or requires certain behavior
Crime
Law that regulates offenses against the public welfare
Criminal law
The person or group against which an action is brought in a court of law
Defendant
Testimony given under oath 2 an officer of the court b4 a trial
Deposition
A medical order signed by a physician that relieves health care personal of the obligation 2 resuscitate a patient who stops breathing.
Do-not-resuscitate order
DNR order
The federal agency that enforces the Controlled Substances Act of 1970
Drug Enforcement Administration
DEA
Commitment 2 act in a certain way
Duty
A person younger than the age of 18 w/the rights of an adult including the ability 2 consent 2 medical care
Emancipated minor
Fraudulent appropriation of funds or property of an employer or client
Embezzlement
Branch of knowledge that deals w/standards of behavior or beliefs
Ethics
A serious crime punishable by death or imprisonment
Felony
Faithfulness
Fidelity
Intentional deception resulting in injury or loss
Fraud
Giving patients new genes or parts of genes 2 treat a disease or condition
Gene therapy
Making, alternating or repairing genetic material
Genetic engineering
A legal document that names an advocate 2 make decisions about a person’s medical care if he/she becomes unable 2 make wishes known
Health care proxy
Agreement 2 a medical procedure based on understanding of the procedure and it’s possible consequences and effects
Informed consent
Stealing another persons property or money w/out violence
Larceny
Legal responsibility
Liability
Official permission 2 perform an activity or practice a profession
License
The process by which the state examines qualifications and gives permission 2 an individual or organization 2 engage in a profession or business
Licensure
The process of taking a lawsuit through the courts
Litigation
A legal documentation that specifies the kind of medical treatment a patient wants or does not want if he/she becomes incapacitated
Living will
A crime or wrongdoing that is illegal or contrary 2 official obligation
Malfeasance
Negligence by a professional
Malpractice
An individual that is younger than 18 w/the maturity 2 provide informed consent 4 certain medical procedures
Mature minor
Negotiation by a 3rd party 2 help 2 parties resolve a dispute
Mediation
A written authorization 2 make health care decisions 4 a specified individual that is in effect if the individual becomes incapacitated
Medical durable power of attorney
A less serious crime, punishable by a fine or imprisonment 4 less than 1 year
Misdemeanor
Performing a legal act in an improper way
Misfeasance
Failure 2 act, or refrain from acting, as a reasonably prudent person would in similar circumstances
Negligence
Failing 2 perform an act that should have been performed, resulting in injury
Nonfeasence
Ethical concept requiring that an action do no harm, or do less harm than good
Nonmalfeasence
The person or group that makes the complaint in a lawsuit
Plaintiff
An order 2 a pharmacist 2 dispense a supply of medication
Prescription
A special immunity that protects against legal libility
Privilege
Using care or common sense
Prudent
Automatic issuing of a license in 1 state 2 the holder of a license in another state
Reciprocity
A legal doctrine that assumes negligence because of the type of injury
Res ipsa loquitur
A legal doctrine making an employer liable 4 the negligent acts of employees
Respondeat superior
A claim that is expected 2 be honored
These involve: -living
- privacy
- autonomy
- the means 2 sustain life
Right(s)
Level of appropriate care required of a health professional
Standard of care
A law limiting the time period 4 beginning a lawsuit
Statute of limitations
2 different names 4 a law enacted by a legislative body
Bill
Statutory law
Cells that have the capacity 2 develop in2 various types of body tissues
Stem cells
A court order 4 a witness 2 appear and give testimony
Subpoena
A court order 2 produce documents or records
Subpoena duces tecum
An injury or wrong against a person or property that does not involve breach of contract
Tort
Truthfulness
Veracity
A belief about what is right or wrong
Morals
This right is mentioned in the Declaration of Independence and is found in all major religions and traditions
These days it is associated w/the movement against abortion
This right also involves the controversy over physician assisted suicide
Right 2 life
This right was declared by the Supreme Court that people have an implicit right 2 privacy as outlined in the 4th Amendment of the Bill of Rights
4 example, in the health field, this can involve a patients right 2 confidentiality regarding taking birth control or having an abortion
Right 2 privacy
This right involves the patient’s right 2 make independent decisions about their own healthcare according 2 their own values and concerns even when they r in conflict w/the medical community or the patient’s own physician
Right 2 autonomy
This right states that every individual has a right 2 obtain resources essential 4 daily living and preserving human dignity
Right 2 the means 2 sustain life
This duty involves the concept of nonmalfeasance meaning that the medical benefits should outweigh any adverse effects 2 the patient
Duty 2 do no harm
This duty involves the concept of beneficence and giving top performance when performing 1’s duties
This duty is considered 2 b an extension of the duty of doing no harm
Duty 2 do the best possible
This duty involves the concept of fidelity and the patient’s assumptions regarding the healthcare services they receive
Example: the assumption that they will b treated w/dignity
Duty 2 b faithful 2 reasonable expectations
This duty involves the concept of fidelity and the expectation that the patients needs come 1st
This involves doing tasks 2 protect patient’s rights like:
- suggesting appropriate referrels to the physician
- making sure insurance claims r complete 4 the patient
- following up w/patients so that they receive insurance coverage
Duty 2 b a patient advocate
This duty involves the concept of veracity and the implication that all health personal will b honest at all times
Duty 2 tell the truth
This duty involves the concept of justice and the patients right 2 b treated equally 2 others when it comes 2 receiving resources
Duty 2 give each person a fair share
This ethical conflict involves the issues of contraception and abortion
This issue deals w/the conflict of perceived natural or “god” given rights vs. the individuals right 2 autonomy
Example: the Catholic Churches stance against birth control. Does religious beliefs override an individual choice over their own life decisions?
Ethical conflict pertaining 2 reproductive issues
This ethical conflict involves the use of embryonic tissue for research purposes in order 2 develop new treatments 4 diseases
Ethical conflict 4 stem cell research
This ethical conflict involves the practice of making, altering genetic mistakes or reproducing genetic identical cells or individuals
Example: injecting cows w/growth hormones 2 produce more milk. The growth hormone is found in the milk of these cows. The argument is over the unpredicted effects of humans ingesting this milk vs. the farmers right 2 make changes 2 increase their cows milk output 4 financial reasons
Ethical conflict 4 genetic engineering and cloning
This ethical conflict involves the patient’s right 2 make their own decisions in regards 2 refusing treatments 4 euthanasia purposes
Example: do physicians have the right 2 help the terminally ill when it comes 2 “death w/dignity?” This conflict arises do 2 the mandate of 2 do no harm that all physicians pledge 2 uphold.
Ethical conflict 4 refusing or w/holding treatment and physician assisted suicide
This ethical conflict involves the Patient Self-Determine Act of 1990 that allows patients 2 make advanced choices about treatment in terminal or end-of-life decisions
This involves legally signed documents from the patient:
- DNR’s
- living wills
- healthcare proxies
- organ donor cards
Ethical conflict of advanced directives
This is a type of advanced directive involving the patient’s wishes 2 w/hold treatment during a future cardiac or respiratory arrest
The physician sign’s an order 2 w/hold treatment during cardiac or respiratory arrest and puts it in2 the patients medical record
Do-not-resuscitate order
DNR order
This is a type of advanced directive involving the patients wishes about which life-prolonging actions should or should not b taken
Living will
This is a type of advanced directive involving the patient naming a healthcare agent 2 make health decisions 4 them only when they become incapable of making their own decisions
Health care proxy
This is a type of advanced directive involving a written authorization 2 act on the behalf of another that remains in effect, even if the granter becomes incapacitated
This authorization only applies 2 healthcare decisions
Durable power of attorney
This is a type of advanced directive involving the patient’s wishes 4 donation of 1’s organs after death
Many states now indicate the individuals decision 4 this issue on their driver’s license or state ID card
Organ donor status
A type of ethics that determines that the MA cannot w/hold information related 2 the medical condition given by the patient from the physician even when the MA does not agree w/how the physician is managing a patient’s care
Professional ethics
A type of ethics having 2 do w/the guidelines 4 an entire organization that influences the policies of the organization and the conduct of employees in the work place
Organizational ethics
This involves measures 2 respond 2 conflict between different values and their relative importance in order 2 decide on a course of action
2 decide on a course of action, take these 6 steps:
1) gather information
2) identify conflicting values
3) determine the relative importance of conflicting claims
4) explore alternatives
5) choose and justify 1 alternative
6) implement the decision
Process used 2 make ethical decisions
The US legal system is divided in2 2 parts:
1) Laws that define the relationship between the individual and
society as a whole. Criminal law is used 2 refer 2 the laws that
protect society and r punishable regardless of whether any1 was
harmed by the act because it’s an offense against the public
welfare
2) Civil laws that deal w/relationships and disputes between
individuals and/or groups. These laws r punishable only when
some1 is injured or damaged resulting in liability. This includes
breach of contracts and/or torts
Public law vs private law
Torts that involve:
- abandonment
- assault
- battery
- defamation
- false imprisonment
- invasion of privacy
- misrepresentation
Intentional torts
Torts involving:
- negligence
- strict liability (when some1 is injured by products or equipment)
Unintentional torts
When the patient fully understands the treatment or procedure 2 b preformed and allows it 2 happen
Informed consent
The name given to the requirements 2 prove professional negligence
Requirements:
- the person who caused the injury has a duty 2 the injured person
- the person was derelict in performing their duties
- the failure 2 perform the duty directly caused the injury
- failure 2 perform the duty caused damage or injury
The 4 D’s of malpractice
This act states the need 4 employers 2 make “reasonable accommodations” 4 any individual w/a physical or mental disability that is qualified 2 perform the job
An amendment was made 2 this act in 2008 to make is easier 4 individuals 2 legally claim this protection
Americans w/Disabilities Act
ADA
This act was passed in 1970 to create a federal agency responsible 4 the physical protection of employees in the workplace
This agency has 2 specific functions:
1) The creation of the Bloodborne Pathogens Standard that
provides health care workers w/procedures 2 prevent exposure
2 pathogens that cause disease.
2) It regulates exposure of employees 2 hazardous chemicals in the
workplace and requires employers 2 inform their employees of
the hazards of any chemicals used.
Occupational Safety and Health Act
OSHA
The act that gave incentives 2 encourage the adoption of electronic health records by physicians and healthcare facilities and created a national healthcare infrastructure
Health Information Technology for Economic and Clinical Health Act
(HITECH)
This act was created in 2010 to reform health insurance practices so that more Americans could have access 2 affordable, high-quality health insurance. This act also made it illegal 4 health insurance companies to deny coverage 4 people w/preexisting conditions.
Patient Protection and Affordable Care Act
Aka: Obamacare
