Chapter 1 - Introduction To Law And Ethics Flashcards
Terminology / Legal Principles / Health Care
Reasons to study law and ethics
P. 3
- To help you function at the highest possible professional level providing competent Health Care to patients.
- To help you avoid legal entanglements that can threaten your ability to earn a living as a successful Healthcare professional.
Focus of Law and ethics in healthcare
- The rights, responsibilities and concerns of healthcare consumers.
- The legal and ethical issues facing Society, patients and Health care practitioners.
- The impact of rising costs on the laws and ethics of Health Care delivery.
Precedent
P. 6
Decisions made by judges in various courts that become rule of law and apply to other cases.
• also known as case law.
Summary judgment
P. 6
Decision made by a court that leads no basis for trial.
Product liability
Manufacturers of healthcare equipment can be liable through:
(P. 6)
- breach of warranty.
- untrue statements.
- liability for defective products.
- fraud: intentional deceit.
Federal preemption
P. 8
- doctrine that can bar injured consumers from suing in State Court when the products that hurt them met Federal standards.
- Wyeth vs. Levine (2009) becomes precedent for future cases.
Ethics
P. 10
- ethics are focused on standards of behavior and the concept of right and wrong.
- moral values formed through the influence of family, culture And Society serve as the basis for ethical conduct.
Law
P. 9
- rule of conduct or action prescribed or formally recognized as a binding or enforced by a controlling authority.
- enforcement made possible by penalties for disobedience: fines, imprisonment, or both.
Early medical codes of ethics
- Code of Hammurabi.
- Hippocratic oath.
- Percival’s Medical Ethics.
- American Medical Association Principals.
Hippocratic Oath
P. 11
• a pledge for Physicians, influenced by the practices of the Greek physician Hippocrates. (The father of science)
Contemporary codes of ethics
- Are established by the appropriate Professional Organization.
- govern the behavior of members.
- increase the level of competence and standards of care within the group.
- do not have legal Authority.
Examples of healthcare organizations with code of ethics
- American Association of Medical Assistants.
- American Health Information Management Association.
- American Hospital Association.
- American Medical Association.
- American Society of Radiologic Technologists.
Bioethics
P. 14
- discipline dealing with the ethical implications of biological research methods and results, especially in medicine.
- Bioethicists are Specialists who consult with medical professionals to help make difficult decisions.
Ethics Committee
P. 14
Committee made up of individuals who are involved in a patient’s care, including Health Care practitioners, family members, clergy, and others, with a purpose of reviewing ethical issues in difficult cases.
Ethics committee determine possible solutions to difficult health care issues.
Most of these communities are found in the hospital setting.
Members may include:
- Physicians
- Nurses
- Social workers
- Clergy
- Family members
- Community members
Etiquette
P. 15
- Standards of behavior considered good manners among members of a profession as they function as individuals in society.
- protocol: standard rules of etiquette applied to a place of employment.
Qualities for success in health care: courtesy
P. 16
the practice of good manners
Qualities for success in health care: Compassion
P. 16
Empathy; the identification with an understanding of another’s situation, feelings, and motives.
Qualities for success in health care: Common Sense
P. 16
Sound practical judgment.
Skills for success in health care: People skills
P. 17
Traits and capabilities that allow you to get along well with others.
They include such attributes as the following:
• a relaxed attitude when meeting new people
• an understanding of and empathy for others
• good communication skills, including writing, speaking, and listening
• patience in dealing with others and the ability to work as a member of a health care team
• Tact, or sensitivity when dealing with others or with difficult issues
• the ability to impart information clearly and accurately
• the ability to keep information confidential
• the ability to leave private concerns at home
• trustworthiness and a sense of responsibility
Skills for success in health care: Technical skills
P. 17
Abilities acquired in the course of study.
Including but not limited to the following:
• computer literacy
• Proficiency in English, Science, and Mathematics.
• a willingness to learn new skills and techniques.
• an aptitude for working with the hands.
• ability to document well.
• ability to think critically.
Skills for success in health care: Critical thinking skills
P. 17 & 18
The ability to think analytically, using fewer emotions in more rationality. Problem solving.
Here is a 5-step aid for approaching a problem using critical thinking:
- identify and clarify the problem.
- gather information.
- evaluate the evidence.
- consider alternatives and implications.
- choose and implement the best alternative.
Steps in the problem-solving process
- identify and clarify the problem.
- gather information.
- evaluate the evidence.
- consider alternatives and implications.
- choose and implement the best alternative.
Determining if a decision is ethical If you perform this act:
- will you have followed both the law and your organization’s policies?
- will you promote a win-win situation as best as possible?
- how would you react if this act was publicized in the newspaper or other media?
- would you want your family members to know?
- can you look at yourself in a mirror?
Product liability: Medtronic case
Makers of medical equipment are immune from liability for personal injury as long as the Food and Drug Administration approved the product and it meets FDA specifications.
Litigation terminology: Plaintiff
Plaintiff is the person bringing charges in a lawsuit.
Litigation terminology: Defendant
Defendant is the person against whom
charges are being brought.
Litigation terminology: Liable
is legally responsible or obligated.
Litigious
P. 3
Prone to engage in lawsuits.
Health care practitioners
P. 3
Those who are trained to administer medical or health care to patients.
Plaintiff
P. 5
The person bringing charges in a lawsuit.
Defendant
P. 5
The person or party against whom criminal or civil charges are brought in a lawsuit.
Liable
P. 5
Legally responsible or obligated.
Precedent
P. 6
Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not in acted by a legislature; also known as case law.
Summary judgment
P. 6
A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial.
Fraud
P. 6
Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights.
Moral values
P. 10
One’s personal concept of right and wrong, formed through the influence of the family, culture, and society.
Code of ethics
P. 10
A list of principles intended to govern Behavior– here, the behavior of those entrusted with providing care to the sick.
Ethics guidelines
P. 10
Publications that detail a wide variety of ethical situations that Professionals (in this case, Healthcare practitioners) might face in their work and offer principles for dealing with the situations in an ethical manner.
American Medical Association Principles
P. 12
A code of ethics for members of the American Medical Association, written in 1847.
Medical Ethicist or Bioethicist
P. 14
Specialist who consults with Physicians, researchers, and others to help them make difficult ethical decisions regarding patient care.
Protocol
P. 15
A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office.
• standard rules of etiquette applicable specifically to their place of employment.
Courtesy
P. 16
The practice of good manners.
Compassion
P. 16
Set identification with an understanding of another’s situation, feelings, and motives.
- is empathy
- in other words, compassion is temporarily putting oneself in another’s shoes.
Common sense
P. 16
Sound practical judgment.
Pertaining to Ethics
P. 10
An illegal act by a health care practitioner is always unethical, but in unethical act is not necessarily illegal.
Unethical
P. 24
Refers to professional conduct that fails to conform to these moral standards or policies.
- Moral principles or practices
- matters of social policy involving issues of morality in the practice of Medicine
Unacceptable
Ethical
P. 24
Refers to matters involving the following:
- Moral principles or practices
- matters of social policy involving issues of morality in the practice of Medicine
