Ethical and Legal Flashcards

1
Q

Ethics Acronym

A

● E - Evaluate the Facts
● T - Think about the conflict presented
● H - How many principles apply?
● I - Identify applicable codes and code sections
● C - Compare different options
● S - Select the best option under the circumstances

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2
Q

Ethics: The philosophical inquiry of the _________
dimensions of human conduct.

A

moral

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3
Q

Ethics is often used synonymously with the term _________ to
describe an action or decision as good or right.

A

moral

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4
Q

Ethical deliberations may be differentiated from
other endeavors by 3 characteristics:

A

ultimate or fundamental, The issue is universal, deliberation considers the welfare of all
involved

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5
Q

a process in which everyone
is concerned by that decision.

A

Deliberation

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6
Q

obliged to give
reasons for the point of view of our patients.

A

Ethical Deliberation

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7
Q

LEVELS OF ETHICAL JUDGMENT IN THE
HEALTHCARE SETTING

A

Micro, Meso, Macro

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8
Q

level of ethical judgement: Decisions made in an individual
professional-patient level of healthcare

A

Micro level

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9
Q

level of ethical judgement: institutional/organizational level or at
community/regional levels

A

Meso level

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10
Q

level of ethical judgement: sets policy for the health system, as a
standard established for an entire profession,
or through government as law/regulation for
the society as a whole.

A

Macro level

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11
Q

rules of conduct imposed by society on its
members

A

Law

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12
Q

rules of conduct or standards by which a
particular group in society regulates its actions
and sets standards for its members

A

Professional ethics

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13
Q

During ethical dilemmas, the heatlh professional should be able to:

A

(1) identify, (2) interpret, (3) specify, and (4)
balance

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14
Q

determine and justify what a professional
should consider as the right decision or the
best course of action for each specific ethical
situation.

A

ethical deliberation

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15
Q

used to justify a particular judgment

A

Action guides

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16
Q

Action guides can be

A

Ethical Theory,
Principles, Rules, Particular set of rules

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17
Q

Breaks down the complex problem into
manageable steps. Instead of focusing on the
problem we are focusing on the action (plans,
procedures) that is needed to be done to help
resolve the conflict or dilemma

A

Action guides

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18
Q

Action Guides

A

Ethical theory -> Principles -> Rules -> Particular judgement

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19
Q

4 principles of healthcare ethics

A

Autonomy, Beneficence, Non-maleficence, Justice

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20
Q

Respect a person’s freedom to choose what’s right for them

A

autonomy

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21
Q

All choices. for a patient are made with intent to do good

A

beneficence

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22
Q

Do no harm

A

non maleficence

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23
Q

Treat and provide care fairly to all patients

A

Justice

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24
Q

aims to improve patient
welfare by allowing our patient to be in full
command in their treatment and care

A

autonomy

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25
Q

You need to show kindness and mercy to your
patients

A

Beneficence

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26
Q

Most commonly prioritized principle

A

Non-maleficence

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27
Q

We need to be fair, in all medical decisions

A

Justice

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28
Q

To justify judgment as to not tell others about a
patient’s condition. covered by the rule of ______ and guided by the princple of

A

confidentiality; respect for autonomy

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29
Q

ETHICAL THEORIES

A

Consequentialist theory, Deontological theory

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30
Q

This theory determines if actions or decisions
are morally right or wrong based on their
consequences.

A

Consequentialist theory

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31
Q

cardinal principles of consequentialist theory:

A

beneficence and
nonmaleficence

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32
Q

if telling a lie would help save
a person’s life, this theory would say its
the right thing to do

A

Consequentialist theory

33
Q

END JUSTIFIES THE MEANS.

A

Consequentialist theory

34
Q

This theory looks more to the intrinsic quality
of an act or decision to assert its moral
rightness or wrongness.

A

Deontological theory

35
Q

Based on action

A

Deontological theory

36
Q

This theory follow set of rules,

A

Deontological theory

37
Q

When an ethical dilemma arises, do the
following:

A

Understand the facts of the case
Identify, analyze, and present reasons for
judgment
Deliberation must be made based on moral
intuition and application of ethical theories,
rules, principles

38
Q

Deliberation must be made based on _____________ and application of __________,
rules, principles

A

moral
intuition; ethical theories

39
Q

this is a moral rule related to principle of
autonomy

A

Consent; Confidentiality

40
Q

this is a rule within the principle of
autonomy. Every individual has the right to control
his or her own affairs without interference from or
knowledge of outside parties

A

Privacy

41
Q

this is the principle or duty
to the welfare of the individual

A

Respect for persons

42
Q

it is an ethical principle within
deontological theory

A

Veracity

43
Q

= this is the principle of having responsibility
to be trustworthy and keep promises

A

Fidelity

44
Q

refers to fairness and tendering what is
due

A

Justice

45
Q

is an implicit contract between the client and
the health care provider that broadly describes
the relationship involved whenever a
pharmacist provides drug information.

A

Ethical Covenant

46
Q

Patients have the:

A

Right to receive competently-provided
information and respectful treatment
Obligation to provide background
information needed by the pharmacist
Right to request for adequate
background information
Obligation to deliver competent,
trustworthy, and caring service

47
Q

SUPPORT FOR ETHICAL DECISION- MAKING

A

Ethics committees
Policies and procedures
Organizational policies
Foundational ethics education

48
Q

Legal standards are enforced by

A

government entity

49
Q

Ethical standards are enforced by

A

human
principles

50
Q

A body of rights, obligations, and remedies that is
applied by courts in civil proceedings to provide
relief for persons who have suffered harm from the
wrongful acts of others

A

TORT LAW

51
Q

The person who sustains injury or suffers pecuniary
damage as the result of tortious conduct is known as
the

A

plaintiff.

52
Q

The person who is responsible for inflicting the injury
and incurs liability for the damage is known as the

A

defendant or tortfeasor.

53
Q

negligence refers to
failure to exercise the degree of care that a
reasonable person would exercise under the same
circumstances.

A

Malpractice liability based on negligence

54
Q

Elements of negligence:

A

duty breached
damages were evident
direct causation
defenses absent

55
Q

once the duty of care is established, the plaintiff
would need a set of quality evidence to prove
that:

A

○ the information provided was materially
deficient
○ the deficient information was a proximate
cause of injury suffered
○ the recipient reasonably relied on the
information provided
○ the information deficiency was due to failure to
exercise reasonable care
○ the pharmacist knew or should have known
that the safety or health of another may have
depended on the accuracy of the information
provided.

56
Q

WAYS IN WHICH TORT LIABILITY CAN RELATE TO
THE PROVISION OF DRUG INFORMATION:

A

● Incomplete information
● Inappropriate quality information
● Outdated information
● Inappropriate analysis/dissemination of information

57
Q

T/F: Under informed consent, the defendant
could assert that the patient knowingly
assumed the risk for a new or
experimental therapy or regimen

A

T

58
Q

the
allocation of responsibility for
damages incurred between the
plaintiff and the defendant,
based on the relative negligence
of the two

A

Comparative negligence

59
Q

the wrongful acts or omissions of two or more persons acting independently, but causing the same injury.

A

Concurrent negligence

60
Q

the attribution of liability on one person for the actions of another.

A

Vicarious liability

61
Q

refers to the proposition that the
employer is responsible for the
negligent acts of its agents or
employees.

A

Respondeat superior

62
Q

Methods to protect against lawsuits

A

○ Contracts covering financial arrangements
○ Adequate documentation
○ Disclaimers
○ Insurance

63
Q

T/F: Best way to avoid omission negligence is to learn
from experience, anticipate mistakes that may
appear in databases, and keep abreast of changes
in DI sources.

A

T

64
Q

Three Key Areas of Liability:

A

-learned intermediary rule,
-doctrine of over-promotion,
-Promotion of off-label use

65
Q

assumption
that consumer’s already has prior
knowledge

A

Learned intermediary

66
Q

Involves magazine, television, website,
cellphone, and text advertisements,
suggesting the use of various prescription
drugs for medical conditions the viewer might
experience and also suggesting the viewer
ask their physician if the medication would be
appropriate for them.

A

Direct-To-Consumer Advertising (DTCA)

67
Q

specifies that prescription drug
advertisements cannot omit material
facts, and must present a fair balance
between effectiveness and risk
information.

A

Direct-To-Consumer Advertising (DTCA)

68
Q

specifies that every risk addressed in
the product’s approved labeling must
also be disclosed in the advertisements

A

Direct-To-Consumer Advertising (DTCA)

69
Q

requires that the advertisement
contain a summary of “all necessary
information related to adverse effects
and contraindications.”

A

Direct-To-Consumer Advertising (DTCA)

70
Q

involves use for indications not
specifically approved by the FDA.

A

Off-label use

71
Q

T/F: Once FDA approves a drug for marketing, a
physician’s discretionary use of that product is
not restricted to the uses indicated on
FDA-regulated labeling.

A

T

72
Q

Particularly important in the areas of oncology
and acquired immunodeficiency syndrome
(AIDS),

A

Off-Label Use and Informed Consent

73
Q

DTCA on the internet is considered ________,
rather than advertising and, as such, the FDA
has principal authority to regulate it.

A

labeling

74
Q

use of
telecommunications and interactive video
technology to provide health care services to
patients who are at a distance.

A

Telemedicine

75
Q

broader concept that
includes marketing, relationship creation,
advice, prescribing, and selling
pharmaceuticals and devices in cyberspace.

A

Cybermedicine

76
Q

pharmacist provide or use
telecommunication in providing pharmacy
services or in providing patient counseling or
medication information.

A

Telepharmacy

77
Q

T/F: patient information must never
be disclosed on such sites.

A

‘t

78
Q

This principle is considered of intrinsic value

A

JUSTICE