Chapter 3 Medical, Legal, and Ethical Issues Flashcards
What legal considerations apply when treating mentally ill patients?
Healthcare providers must respect patient autonomy, ensure informed consent, and follow protocols for involuntary treatment when patients pose a danger to themselves or others.
Define ‘restraint’ in the context of medical care.
Restraint refers to any physical, chemical, or mechanical method used to restrict a patient’s movement for safety purposes.
When is the use of physical restraint legally justified?
Physical restraint is justified when it is necessary to prevent imminent harm to the patient or others, and all less restrictive measures have been exhausted.
What are the risks of improper use of restraints?
Improper use can result in physical harm, psychological trauma, legal liability, and violation of patient rights.
How does legal responsibility differ when treating patients with disabilities?
Providers must comply with laws like the ADA, ensuring equal access to care, reasonable accommodations, and non-discrimination.
Define ‘risk management’ in healthcare.
Risk management involves identifying, assessing, and mitigating risks to improve patient safety and reduce liability.
What is the purpose of a quality improvement program?
The goal is to enhance patient outcomes, care quality, and operational efficiency by addressing systemic issues.
How can incident reports help mitigate legal risks?
Incident reports document adverse events, enabling analysis and prevention of future occurrences, reducing liability.
Explain the role of continuing education in reducing negligence claims.
Ongoing training keeps providers updated on best practices, reducing errors and improving patient care standards.
What steps can providers take to avoid liability?
Providers can avoid liability by maintaining accurate records, following protocols, obtaining informed consent, and ensuring effective communication.
What is the role of a healthcare provider as a witness in court?
Providers may serve as fact or expert witnesses, offering testimony based on their medical knowledge and patient interactions.
Define ‘subpoena’ and explain how it applies to medical records.
A subpoena is a legal document requiring the release of specific medical records or testimony in a court proceeding.
How should healthcare providers prepare for courtroom testimony?
Preparation involves reviewing records, consulting legal counsel, and ensuring clear, accurate communication.
What is the importance of truthfulness in legal proceedings?
Honesty is crucial to maintain credibility, avoid perjury, and uphold professional ethics.
How can providers protect themselves from legal action?
Maintaining thorough documentation, adhering to protocols, and fostering good patient relationships are key preventive measures.
What is an ethical dilemma in healthcare?
An ethical dilemma arises when conflicting values or principles make it challenging to determine the right course of action.
How should providers approach resolving an ethical conflict?
Resolution involves consulting ethical guidelines, seeking input from ethics committees, and prioritizing patient welfare.
Define ‘moral distress’ and its impact on providers.
Moral distress occurs when providers feel unable to act according to their ethical beliefs, leading to emotional and professional strain.
Explain the importance of ethical training for healthcare professionals.
Ethical training equips professionals to navigate complex situations, uphold standards, and make informed decisions.
Discuss the role of patient advocacy in ethical decision-making.
Patient advocacy ensures that care decisions respect patient preferences, rights, and best interests, supporting ethical practice.
Define ‘scope of practice.’
The ‘scope of practice’ refers to the procedures, actions, and processes that a healthcare professional is permitted to perform based on their professional license and training.
What legal consequences can arise from practicing outside the scope of practice?
Practicing beyond the authorized scope can lead to legal penalties, including fines, loss of licensure, and potential civil or criminal charges.
Explain the importance of professional licensure in healthcare.
Licensure ensures that healthcare professionals meet standardized education and competency requirements, protecting patient safety and maintaining trust in the healthcare system.
What is the difference between certification and licensure?
Certification is a voluntary credential indicating expertise in a specific area, while licensure is a mandatory legal requirement to practice in a regulated profession.
How do ethical principles guide decision-making in patient care?
Ethical principles, such as autonomy, beneficence, nonmaleficence, and justice, provide a framework for making patient-centered decisions that uphold dignity, safety, and fairness.
Define ‘autonomy’ in the context of medical ethics.
Autonomy involves respecting a patient’s right to make informed decisions about their own care.
Explain the principle of ‘beneficence.’
Beneficence is the obligation to act in the best interest of the patient, promoting their well-being and taking positive steps to improve their health.
What does ‘nonmaleficence’ mean in ethical decision-making?
Nonmaleficence means avoiding actions that could cause harm to the patient.
Define the concept of ‘justice’ in healthcare.
Justice in healthcare involves providing equitable care and distributing resources fairly among patients.
Why is cultural competence important in ethical patient care?
Cultural competence ensures that care respects the diverse values, beliefs, and practices of patients, fostering trust and effective communication.
Define ‘abandonment’ in patient care.
Abandonment occurs when a healthcare provider ends the provider-patient relationship without ensuring that appropriate alternative care is available.
What are the legal consequences of abandonment?
Legal consequences may include liability for patient harm caused by the lack of continuity in care.
Explain the concept of ‘false imprisonment’ in a medical context.
False imprisonment involves unlawfully restraining a patient without their consent or legal justification.
What is the definition of ‘assault’ in healthcare?
Assault is the threat or attempt to make physical contact with a patient without their consent.
How does ‘battery’ differ from assault?
Battery refers to the actual physical contact made without consent, while assault is the threat or attempt.
What is ‘defamation,’ and how can it occur in healthcare settings?
Defamation involves making false statements that harm a person’s reputation, which in healthcare could occur through inappropriate comments about colleagues or patients.
Describe the legal concept of ‘libel.’
Libel refers to written or published false statements that damage someone’s reputation.
What is ‘slander,’ and how does it apply in healthcare?
Slander involves spoken false statements that harm another person’s reputation, which can occur through verbal gossip in healthcare settings.
Explain the term ‘malpractice.’
Malpractice refers to professional misconduct or failure to provide the standard of care, resulting in harm to the patient.
What is the difference between malpractice and negligence?
Negligence involves failing to act as a reasonable person would in similar circumstances, while malpractice specifically pertains to professional duties and standards of care.
