Chapter 1 - Introduction To Law And Ethics

Question 1

Reasons to study law and ethics

P. 3

Answer 1

• 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.

Question 2

Focus of Law and ethics in healthcare

Answer 2

• 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.

Question 3

Precedent

P. 6

Answer 3

Decisions made by judges in various courts that become rule of law and apply to other cases.

• also known as case law.

Question 4

Summary judgment

P. 6

Answer 4

Decision made by a court that leads no basis for trial.

Question 5

Product liability

Manufacturers of healthcare equipment can be liable through:

(P. 6)

Answer 5

• breach of warranty.
• untrue statements.
• liability for defective products.
• fraud: intentional deceit.

Question 6

Federal preemption

P. 8

Answer 6

• 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.

Question 7

Ethics

P. 10

Answer 7

• 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.

Question 8

Law

P. 9

Answer 8

• 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.

Question 9

Early medical codes of ethics

Answer 9

• Code of Hammurabi.
• Hippocratic oath.
• Percival’s Medical Ethics.
• American Medical Association Principals.

Question 10

Hippocratic Oath

P. 11

Answer 10

• a pledge for Physicians, influenced by the practices of the Greek physician Hippocrates. (The father of science)

Question 11

Contemporary codes of ethics

Answer 11

• 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.

Question 12

Examples of healthcare organizations with code of ethics

Answer 12

• American Association of Medical Assistants.
• American Health Information Management Association.
• American Hospital Association.
• American Medical Association.
• American Society of Radiologic Technologists.

Question 13

Bioethics

P. 14

Answer 13

• 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.

Question 14

Ethics Committee

P. 14

Answer 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

Question 15

Etiquette

P. 15

Answer 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.

Question 16

Qualities for success in health care: courtesy

P. 16

Answer 16

the practice of good manners

Question 17

Qualities for success in health care: Compassion

P. 16

Answer 17

Empathy; the identification with an understanding of another’s situation, feelings, and motives.

Question 18

Qualities for success in health care: Common Sense

P. 16

Answer 18

Sound practical judgment.

Question 19

Skills for success in health care: People skills

P. 17

Answer 19

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

Question 20

Skills for success in health care: Technical skills

P. 17

Answer 20

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.

Question 21

Skills for success in health care: Critical thinking skills

P. 17 & 18

Answer 21

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:

1. identify and clarify the problem.
2. gather information.
3. evaluate the evidence.
4. consider alternatives and implications.
5. choose and implement the best alternative.

Question 22

Steps in the problem-solving process

Answer 22

• identify and clarify the problem.
• gather information.
• evaluate the evidence.
• consider alternatives and implications.
• choose and implement the best alternative.

Question 23

Determining if a decision is ethical If you perform this act:

Answer 23

• 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?

Question 24

Product liability: Medtronic case

Answer 24

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.

Question 25

Litigation terminology: Plaintiff

Answer 25

Plaintiff is the person bringing charges in a lawsuit.

Question 26

Litigation terminology: Defendant

Answer 26

Defendant is the person against whom

charges are being brought.

Question 27

Litigation terminology: Liable

Answer 27

is legally responsible or obligated.

Question 28

Litigious

P. 3

Answer 28

Prone to engage in lawsuits.

Question 29

Health care practitioners

P. 3

Answer 29

Those who are trained to administer medical or health care to patients.

Question 30

Plaintiff

P. 5

Answer 30

The person bringing charges in a lawsuit.

Question 31

Defendant

P. 5

Answer 31

The person or party against whom criminal or civil charges are brought in a lawsuit.

Question 32

Liable

P. 5

Answer 32

Legally responsible or obligated.

Question 33

Precedent

P. 6

Answer 33

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.

Question 34

Summary judgment

P. 6

Answer 34

A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial.

Question 35

Fraud

P. 6

Answer 35

Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights.

Question 36

Moral values

P. 10

Answer 36

One’s personal concept of right and wrong, formed through the influence of the family, culture, and society.

Question 37

Code of ethics

P. 10

Answer 37

A list of principles intended to govern Behavior– here, the behavior of those entrusted with providing care to the sick.

Question 38

Ethics guidelines

P. 10

Answer 38

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.

Question 39

American Medical Association Principles

P. 12

Answer 39

A code of ethics for members of the American Medical Association, written in 1847.

Question 40

Medical Ethicist or Bioethicist

P. 14

Answer 40

Specialist who consults with Physicians, researchers, and others to help them make difficult ethical decisions regarding patient care.

Question 41

Protocol

P. 15

Answer 41

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.

Question 42

Courtesy

P. 16

Answer 42

The practice of good manners.

Question 43

Compassion

P. 16

Answer 43

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.

Question 44

Common sense

P. 16

Answer 44

Sound practical judgment.

Question 45

Pertaining to Ethics

P. 10

Answer 45

An illegal act by a health care practitioner is always unethical, but in unethical act is not necessarily illegal.

Question 46

Unethical

P. 24

Answer 46

Refers to professional conduct that fails to conform to these moral standards or policies.

1. Moral principles or practices
2. matters of social policy involving issues of morality in the practice of Medicine

Unacceptable

Question 47

Ethical

P. 24

Answer 47

Refers to matters involving the following:

1. Moral principles or practices
2. matters of social policy involving issues of morality in the practice of Medicine