Chapter 2 - Law and Ethics Flashcards
AMIA
acronym for: American Medical Informatics Association; an organization dedicated to the development and application of health informatics
applied ethics
the practical, real-life application of moral standards
autonomy
in the context of the four ethical principles, it means to recognize the right of a person to make their own decisions about their health and medical care
beneficence
in the context of the four ethical principles, it means goodwill towards others and the providing of services that benefit others
bioethics
ethics that address the use of biological and medical technology
Blanchard-Peale Ethics Check
a three-part approach to making a decision about an ethical problem; it involves asking and answering three questions:
- Is it legal? If the answer is no, don’t do it.
- Is it fair? If it unfairly benefits one person over the other, don’t do it.
- How will it make me feel about myself? If you feel guilt or some other negative emotion, perhaps you should think twice.
conflict of interest
a conflict between personal interests and the official responsibilities of a person in a leadership position
deontology
the ethical theory that right and wrong are determined by a set of rules; also called duty-based ethics; to do your duty is to obey the rules, and that is right; wrong is not to do your duty
ECI
acronym for: Ethics and Compliance Initiative; an organization that helps companies develop ethical policies
embryonic stem cell research
research done on eggs fertilized through in vitro fertilization; the eggs are donated for research
Ethical Decision-Making Model
a model created by the ECI; it consists of 7 steps:
- Define the problem
- Seek out relevant assistance, guidance, and support
- Identify alternatives
- Evaluate the alternatives
- Make the decision
- Implement the decision
- Evaluate the decision
four ethical principles
a collection of four principles that help to guide decision making in the healthcare industry; they are: autonomy, beneficence, nonmaleficence, and justice
gene therapy
an experimental technique that uses genes to treat or prevent disease
GINA
acronym for: Genetic Information Nondisclosure Act of 2008; a law that regulates the use and disclosure of people’s genetic information; it is primarily used to prevent discrimination based on genetic predispositions to certain diseases
health informatics
a field that uses information technology to organize and analyze health records in order to improve healthcare outcomes
hospice care
care provided to terminally ill patients, often done in their homes, in hospitals, or in assisted-living facilities
in vitro fertilization
the act of fertilizing a woman’s eggs outside of her body
justice
in the context of the four ethical principles, it means that healthcare providers should be fair in how they treat their patients; all patients deserve proper care
medical ethics
a branch of applied ethics that deals specifically with healthcare
nonmaleficence
an ethical principle that means that a medical provider must not intentionally harm the patient
paternalism
an action that limits an individual’s freedom with the justification that it is for that individual’s own good
professionalism
the standard of conduct that characterizes a profession
right-based ethics
the ethical theory that people have rights, and respecting those rights is the primary ethical consideration
utilitarianism
the ethical theory that the best option is that which benefits the greatest number of people
virtue-based ethics
an ethical theory that says a person should seek to follow the ethical principles they personally believe in
professional ethics
ethics that provide guidance about what is ethical conduct in a particular profession
plain error
error that is plainly evident from the record and affects a litigant’s substantial right(s)
litigant
a person who is involved in a lawsuit
someone who is suing another person or is being sued by another person
plain error doctrine
In order to establish plain error, the defendant must show:
(1) an error was committed
(2) the error was “plain” which means that it was clear or obvious. Whether an error is plain or obvious is considered as of the time of review – not at the time of trial (i.e., not at the time the error was committed)
(3) the error must affect the defendant’s “substantial rights.”
sequence of a civil trial
the following represents the stages of a civil trial from beginning to end:
- Voir Dire
- Opening Statement
- Presentation of Plaintiff’s Case
- Presentation of Defendant’s Case
- Jury Instructions
- Jury Deliberations
- Verdict
- Determination of Damages
sequence of a criminal trial
the following represents the stages of a criminal trial from beginning to end:
- Voir Dire
- Opening Statements
- Presentation of Government’s (Prosecution’s) Case
- Presentation of Defendant’s Case
- Jury Instructions
- Jury Deliberations
- Verdict
- Sentencing
prong
- fork
- a tine of a fork
- tine = a prong or sharp point, such as that on a fork or antler
- a slender pointed or projecting part: such as
- a fang of a tooth
- a point of an antler
- something resembling a prong
proximate
immediately preceding or following (as in a chain of events, causes, or effects)
very near
soon forthcoming (i.e. imminent)
