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Ethics and Law > Ch1 Ethical and Legal Foundations > Flashcards

Ch1 Ethical and Legal Foundations Flashcards

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1
Q

Define ethics

A

The system or code of conduct and morals advocated by a particular individual or group

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2
Q

Describe law

A

Set of governing rules

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3
Q

What is the purpose of ethics?

A

Elevates standards of competence, builds values and ideals

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4
Q

What is the purpose of laws?

A

Establishes minimum standards to protect the public

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5
Q

What is the punishment for breaking ethics?

A

Suspension or eviction from medical associations

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6
Q

What is the punishment for breaking the law?

A

Fines, imprisonment, revocation of license

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7
Q

What does ethics reflect?

A

Behaviors that reflect right or wrong

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8
Q

What does etiquette reflect?

A

Behaviors that reflect good manners

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9
Q

What’s the difference between ethics and etiquette?

A

Ethics are derived from moral values and may be above what is legal whereas protocols are the standards of etiquette at your employment

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10
Q

What are the 3 C’s of success?

A
  1. Courtesy - good manners
  2. Compassion - identifying with and understanding another person’s situation, feelings, and motives (not sympathy)
  3. Common sense - sound practical judgement
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11
Q

Besides the 3 C’s of success, what are other successful healthcare practitioner qualities?

A

People skills, technical skills, and critical thinking skills

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12
Q

What is professionalism?

A

Awareness of the conduct, aims, and qualities defining a given profession

(familiar with code of ethics and patient rights)

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13
Q

Most health care professions have a professional association that has developed a…

A

Code of ethics

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14
Q

What do codes of ethics do within a group?

A
  • Govern the behavior of members
  • Increase level of competence
  • Increase standards of care
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15
Q

Hospitals and other healthcare organizations have…

A

Ethics committees

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16
Q

Ethics committees are comprised of…

A
  • Doctors
  • Nurses
  • Social workers
  • Bioethicist
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17
Q

What do ethics committees do?

A
  • Clarify difficult issues and look at possible alternatives
  • Help with conflict resolutions
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18
Q

Ethics committees are NOT…

A

Policy-making committees

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19
Q

Name 5 professional societies

A
  1. ASRT (American Society of Radiologic Technologists
  2. ARRT- American Registry of Radiologic Technologists
  3. OSRT - Ohio Society of Radiologic Technologists
  4. JRCERT - Joint Review Committee on Education in Radiologic Technology
  5. Joint Commission
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20
Q

Define bioethics

A

Study of ethical implications of biological research methods and results, especially in medicine

(no simple answers to ethical questions posed in bioethics)

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21
Q

What are examples of bioethics?

A

Organ transplant, reproductive technologies, animal research

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22
Q

What are the 7 principles of biomedical ethics?

A
  1. Autonomy: respect for the patient as a person
  2. Beneficience: performance of good acts
  3. Confidentiality: duty to protect patient’s privacy
  4. Justice: moral rightness
  5. Nonmaleficience: avoidance of evil
  6. Role Fidelity: faithfulness and loyalty
  7. Veracity: obligation to tell the truth and not lie
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23
Q

What is critical thinking?

A

Purposeful, self-regulatory judgement

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24
Q

What is critical thinking comprised of?

A
  • Interpretation: know the problem/situation
  • Analysis: ability to use ethical theories or models
  • Evaluation: apply ethical theories or models to a given situation
  • Inference: plan an appropriate plan of action
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25
Q

What are values?

A

Quality or standard that is desirable or worthy of esteem in itself

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26
Q

Name 3 types of values

A
  1. Professional values
  2. Personal values
  3. Cultural values
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27
Q

What are the 3 broad (ethical) schools of thought?

A
  1. Consequentialism -teleology
  2. Deontology
  3. Virtue ethics
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28
Q

Define consequentialism

A

Decisions based on the consequences or outcomes of a given act

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29
Q

What are 3 consequentialism questions?

A
  1. What is the good of this activity?
  2. What is the future benefit of this activity?
  3. Are the final outcomes good?
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30
Q

What do advocates do?

A

Provide the greatest good for the greatest number

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31
Q

Describe deontology

A

Decision-making on individual motives and morals rather than consequences

(significance of actions themselves)

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32
Q

Define virtue ethics

A

The focus on use of practical wisdom and moral character for emotional and intellectual problem-solving

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33
Q

What does virtue ethics do?

A

Incorporates elements of teleology and deontology to provide a more holistic approach to solve ethical problems

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34
Q

What are the 5 things ethical models are comprised of?

A
  1. Engineering: provider views patient as a condition or procedure
  2. Paternal/priestly: think s/he knows what is best for patients
  3. Collegial: mutual cooperation between patient and provider
  4. Contractual: business relationships in which both the provider and patient have obligations, rights, and responsibilities
  5. Covenantal: agreement between provider and patient ground in traditional values
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35
Q

Who recognized the important of a patient’s right to know?

A

American Hospital Association

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36
Q

What is the Dowd model of problem-solving?

A
  • Assessment of the problem
  • Isolate the issues
  • Analysis of the data
  • Development of a plan of action
  • Institution of the plan
  • Analyze the outcome
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37
Q

Describe the law

A

Body of rules of action or conduct prescribed by controlling authority

Has a binding legal force

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38
Q

What are the branches of the law?

A
  • Administrative
  • Criminal
  • Civil
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39
Q

What does administrative law deal with?

A

Deals with licensing and regulation

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40
Q

What are the penalties for breaking administrative law?

A

Suspensions and revocation of license

ex) ARRT

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41
Q

What does criminal law address?

A

Addresses wrongs against the state

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42
Q

What are the penalties for breaking criminal law?

A

Fines, restitution, community service, incarceration

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43
Q

What does civil law address?

A

Addresses wrongs committed by one party harming another party

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44
Q

What are the penalties of civil law?

A

Monetary, damages to compensate for loss or to punish

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45
Q

What is statutory law?

A

Includes all laws enacted by federal, state, county, and city governments

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46
Q

What are components in statutory law?

A

Duty and negligence

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47
Q

What is duty?

A

What must be done

48
Q

What is negligence?

A

Can be found if duty was not met

ex) patient didn’t sign consent form before surgery

49
Q

If a state does not have a law, it will be covered by…

A

Judicial decisions

50
Q

What are judicial decisions?

A

Court decisions based on previous cases

51
Q

What laws do you think the radiographer must follow?

A
  • Criminal
  • Administrative
  • Civil
52
Q

What type of lawsuit are radiographers generally brought under?

A

Tort law - a branch of civil law

53
Q

What is a torts lawsuit for?

A

To recover damages for personal injury or property occurring from negligence or intentional misconduct

54
Q

Torts includes:

A
  • Battery
  • Breach of patient confidentiality
  • Assault
  • Defamation
  • False Imprisonment
  • Negligence
  • Lack of consent
55
Q

What is the most common type of torts lawsuit?

A

Negligence

56
Q

Define assault

A

Threat of touching in an injurious way (even yelling)

57
Q

Define battery

A

Unlawful touching of a person without their consent

58
Q

Define false imprisonment

A

Holding a person against their will (physical restraint vs reasonable judgment - as long as you think you’re protecting them)

59
Q

Define negligence

A

Neglect or omission of reasonable care or caution

(based on the doctrine of the reasonably prudent person)

60
Q

Define lack of consent

A

A person not giving permission

61
Q

Define breach of confidentiality

A

Unauthorized disclosure of patient’s private information

62
Q

Define defamation

A

The action of damaging the good reputation of someone; slander or libel

63
Q

What is libel and slander?

A

Malicious spreading of information that causes defamation of character or loss of reputation

64
Q

Libel and slander

& verbal and written

Which one goes with which?

A

Libel=written

Slander=verbal

65
Q

What 2 categories does torts fall into?

A

Intentional misconduct and unintentional misconduct

66
Q

What is intentional misconduct comprised of?

A
  • False imprisonment
  • Invasion of privacy
  • Libel and slander
  • Battery
67
Q

What is invasion of privacy?

A

Confidentiality has not been maintained or when a patient’s body has been improperly or unnecessarily exposed or touched

68
Q

What is unintentional misconduct comprised of?

A
  • Negligence
  • Malpractice
69
Q

Define malpractice

A

“An act of negligence in the context of such a relationship”

(improper, illegal, or negligent professional activity or treatment)

70
Q

What is considered professional negligence?

A

Malpractice

71
Q

How do you claim malpractice?

A
  • Defendant had a duty to provide reasonable care to patient
  • Patient sustained some loss or injury
  • Defendant is the party responsible for the loss
  • Loss is attributable to the negligence or improper practice
72
Q

How do you say “the thing speaks for itself” in Latin?

A

Res ipsa loquitur

73
Q

What does “res ipsa loquiter” refer to?

A

Loss is so apparent that they would be obvious to anyone

74
Q

How do you say “let the master respond” in Latin?

A

Respondeat superior

75
Q

What does “respondeat superior” refer to?

A

The tendency to place blame on the highest authority possible

76
Q

What are the 7 C’s of malpractice prevention?

A
  1. Competence
  2. Compliance
  3. Charting
  4. Communication
  5. Confidentiality
  6. Courtesy
  7. Carefulness
77
Q

Define competence

A

Adhering to professional standards

78
Q

Define compliance

A

Actions based on policies and procedures

79
Q

Define charting

A

Documenting completely, clearly, and consistently

80
Q

Define communication

A

Exchanging information

81
Q

Define confidentiality

A

Protecting patient’s privacy

82
Q

Define courtesy

A

Watching attitude and demeaner

83
Q

Define carefulness

A

Attentive, cautious

84
Q

Define plaintiff

A

Person with complaint

85
Q

Define complaint

A

Claim or petition

86
Q

Define defendant

A

Person who “committed the tort”

87
Q

What are the phases of a lawsuit?

A
  1. Pleading phase
  2. Discovery phase
  3. Trial
  4. Decision
88
Q

What occurs during the pleading phase of a lawsuit?

A
  • Plaintiff files the complaint
  • Plaintiff must prove case against defendant
  • Defendant must provide court with a written statement within set date
89
Q

What is the purpose of the discovery phase?

A

To find the truth

90
Q

How is the truth “found” during the discovery phase?

A

Through:

  • Written statements
  • Questions by employees, employers
  • Documents
  • Deposition
91
Q

Define deposition

A

Oral questions

92
Q

How must the discovery phase be conducted?

A

With the supervision of the defense attorney

93
Q

If the lawsuit moves to trial, the lawsuit can…

A

Be dismissed or settled at any time before or during trial

94
Q

What is often used to bring objectivity to the parties and to settle the lawsuit during trial?

A

Negotiators, mediators, or arbitrators

95
Q

What will occur if a lawsuit goes to trial?

A

Presentation of all facts and witnesses will be called

96
Q

During the decision phase, the decision is going to be for…

A

Either the plaintiff or the defendant

97
Q

What is the term for when decisions may be reversed or reviwed?

A

Post-decision appeal process

98
Q

What is risk management?

A

A system to identify, analyze, and evaluate risks and ways to treat them

99
Q

What are the goals of risk management?

A
  • Elimination of the causes of loss expirienced by hospital and it’s patients
  • Reduction in the operational and financial effects of unavoidable losses
  • Coverage of inevitable losses at the lowest cause
    *
100
Q

Define quality assurance

A

Process to assess quality of patient care

101
Q

Who are the committe members of the quality assurance team?

A

Members from all aspects of the hospital

102
Q

Who are quality reports sent to for continued accreddidation?

A

JCAHO - Joint Commission on Accreditation of Healthcare Organizations

103
Q

What are the common risk management guidelines?

A
  • Follow facility and departmental policies and procedures
  • Take a thorough, consistent, and systematic approach to informed consent and documentation
  • Strictly respect patient confidentiality
  • Practice consistent radiation protection
  • Be aware of safety issues
  • Report hazardous conditions
104
Q

Define code of ethics

A

Guide by which certificate holders evaluate their professional conduct in relation to patients, healthcare consumers, colleagues, employers, and other members of healthcare team

105
Q

Code of ethics principle 1

The radiologic technologist acts in a ____ ____, responds to patient ____, and supports colleagues and associates in providing _____ patient care.

A

The radiologic technologist acts in a PROFESSIONAL MANNER, responds to patient NEEDS, and supports colleagues and associates in providing QUALITY patient care.

106
Q

Code of ethics principle 2

The radiologic technologist acts to ____ the principal objective of the profession to provide services to humanity with full _____ for the dignity of mankind.

A

The radiologic technologist acts to ADVANCE the principal objective of the profession to provide services to humanity with full RESPECT for the dignity of mankind.

107
Q

Code of ethics principle 3

The radiologic technologist delivers patient care and service _____ by the concerns of personal attributes or the nature of the disease or illness, and without ______ on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, gender identity, veteran status, age, or any other ____ protected basis.

A

The radiologic technologist delivers patient care and service UNRESTRICTED by the concerns of personal attributes or the nature of the disease or illness, and without DISCRIMINATION on the
basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, gender identity, veteran status, age, or any other LEGALLY protected basis.

108
Q

Code of ethics principle 4

The radiologic technologist practices technology founded upon theoretical knowledge and concepts, uses equipment and accessories ____ with the purposes for which they were designed, and employs procedures and techniques ____.

A

The radiologic technologist practices technology founded upon theoretical knowledge and concepts, uses equipment and accessories CONSISTENT with the purposes for which they were designed, and employs procedures and techniques APPROPRIATELY.

109
Q

Code of ethics principle 5

The radiologic technologist assesses situations; exercises care, discretion, and judgment; assumes ____ for professional decisions; and acts in the best ____ of the patient.

A

The radiologic technologist assesses situations; exercises care, discretion, and judgment; assumes RESPONSIBILITY for professional decisions; and acts in the best INTEREST of the patient.

110
Q

Code of ethics principle 6

The radiologic technologist acts as an agent through observation and communication to obtain pertinent information for the physician to aid in the ____ and _____ of the patient and recognizes that interpretation and diagnosis are outside the scope of practice for the profession.

A

The radiologic technologist acts as an agent through observation and communication to obtain pertinent information for the physician to aid in the DIAGNOSIS and TREATMENT of the patient and recognizes that interpretation and diagnosis are outside the scope of practice for the profession.

111
Q

Code of ethics principle 7

The radiologic technologist uses equipment and accessories, employs techniques and procedures, performs services in accordance with an accepted ____ __ ______, and demonstrates expertise in ______ radiation exposure to the patient, self, and other members of the healthcare team.

A

The radiologic technologist uses equipment and accessories, employs techniques and procedures, performs services in accordance with an accepted STANDARD OF PRACTICE, and demonstrates expertise in MINIMIZING radiation exposure to the patient, self, and other members of the healthcare team.

112
Q

Code of ethics principle 8

The radiologic technologist practices ____ conduct appropriate to the profession and ____ the patient’s right to quality radiologic technology care.

A

The radiologic technologist practices ETHICAL conduct appropriate to the profession and PROTECTS the patient’s right to quality radiologic technology care.

113
Q

Code of ethics principle 9

The radiologic technologist respects confidences entrusted in the course of professional practice, respects the patient’s right to ____, and reveals confidential information only as required by law or to ____ the welfare of the individual or
the community.

A

The radiologic technologist respects confidences entrusted in the course of professional practice, respects the patient’s right to PRIVACY, and reveals confidential information only as required by law or to PROTECT the welfare of the individual or
the community.

114
Q

Code of ethics principle 10

The radiologic technologist continually strives to _____ knowledge and skills by participating in ____ _____ and professional activities, sharing knowledge with colleagues, and investigating new aspects of professional practice.

A

The radiologic technologist continually strives to IMPROVE knowledge and skills by participating in CONTINUING EDUCATION and professional activities, sharing knowledge with colleagues, and investigating new aspects of professional practice.

115
Q

Code of ethics principle 11

The radiologic technologist ____ from the use of illegal drugs and/or any legally controlled substances which result in _____ of professional judgment and/or ability to practice radiologic technology with reasonable skill and safety to patients

A

The radiologic technologist REFRAINS from the use of illegal drugs and/or any legally controlled substances which result in IMPAIRMENT of professional judgment and/or ability to practice radiologic technology with reasonable skill and safety to patients.

Ethics and Law (6 decks)

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