Ethics Flashcards
Medical practice acts
State laws to govern the practice of medicine.
-provide for the establishment of medical licensing boards
Code of ethics
It’s of principles intended to govern behavior
Reasonable person standard
Judges a persons actions in a situation according to what a reasonable person would do under similar circumstances
Why do organizations have a code of ethics
Serve as moral guidelines
4 stages of development
Sensorimotor, pre operational, concrete operational, formal operational
Sensorimotor stage
Birth to age 2
Child is self centered, cannot see from another’s point of view
Explores the world with 5 senses
Pre operational stage
2-7
Develop awareness of things and people not in their direct sight
Concrete operational stage
7-12
See actions as right and wrong
See adults as powerful and controlling
Formal operational stage
Develop abstract thought
Understand degrees of right and wrong
Maslows hierarchy of needs
Physiological, safety, love and belongingness, esteem, self actualization
Respondeat superior
“Let the master answer”
Employers are legally responsible for employees if acts were performed within the scope of their duties
Res ipsa loquitor
“The thing speaks for itself”
The facts of the case are sufficient to find liability
Res judicata
“The thing has been decided”
A claim cannot be retried between the same parties if it has already been legally resolved
Release of tortfeasor
Prohibits a lawsuit against the person who caused the injury if they were expressly released from further liability in the settlement of a suit
Statute of limitations
Period of time during which a lawsuit may be filed
Sole proprietorship
Physician practices alone
Associate practice
2 or more physicians share office space and employees but practice individually
Partnership
2 or more physicians practice together under a written agreement
Managed health care
Make agreed upon payments to providers for care of a specific population of subscribers
Capitation
Payment made to providers from a managed health care organization, based on calculated cost of medical care
Constitutional law
Based on a formal document that defines broad government powers
Case law
Established by legal precedent
Common law
Unwritten, based on custom and tradition
Statutory law
Passed by congress or state legislatures
Administrative law
Enabling statutes enacted to define powers and procedures when an agency is created
Substantive law
Written law defines and regulates legal rights and obligations
Procedural law
Rules used to enforce substantive law
Criminal law
Crimes against the state
Civil law
Wrongful action against persons
Tort
Civil wrong committed against a person or property
Tortfeasor
Person guilty of committing a tort
Negligence
An unintentional tort alleged when one acted unreasonably or with disregard for th consequences
Medical review panel
Physicians with experience in the specialty in question and sometimes an attorney examine the facts to determine if the incident was an issue of malpractice
Arbitration
Setting disputes in which opposing parties agree to abide by the decision of arbitrator
4 C’s of medical malpractice prevention
Caring
Communication
Competence
Charting
Assumption of risk
Defendant is not guilty of a negligent act because the plaintiff knew of and accepted the risks involved