Ethics

Question 1

Beneficence

Answer 1

Healing is the goal of medicine

Question 2

Non-malfeasance

Answer 2

First do no harm

Question 3

Autonomy

Answer 3

Patient’s right to self govern. Docs can limit autonomy in interest of presering dignity of the person including preventing them from completing suicide.

Question 4

Justice

Answer 4

The right to fair allocation of resources (transplant organs).

Question 5

Dignity

Answer 5

A recognized element of personhood that allows individual to make decisions that they deem best for themselves. AKA ‘respect for the person.’ Docs should maintain the dignity of the person whenever possible. Dignity links to autonomy and decision making.

Question 6

Fidelity

Answer 6

Physician’s duty to place pt’s welfare above all else. Pt does not need to meet doctor’s needs.

Question 7

Fiduciary Relationship

Answer 7

The physician is a trustee of the patient’s health. Has a legal and ethical responsibility to guard it.

Question 8

Parens Patriae

Answer 8

Government acts in place of parent, acting with beneficent motives to protect patient through hospitalization.

Question 9

How old must one be to consent for HIV testing confidentially?

Answer 9

13 and up

Question 10

What does a physician commit if they provide non-emergent treatment without obtaining informed consent?

Answer 10

Battery

Question 11

Competence

Answer 11

reflects the mental capacity of an individual to participate in legal proceedings or (contractual ) transactions and to be responsible for their decisions and actions. Requires sufficient capactiy to understand in a reasonable manner the nature and the effect of the act he is performing. It is decided by the court (judge or jury) .

Question 12

Specific competence vs general

Answer 12

Specific: ability to make specific medical, inancial, contractual decisions, or to be held accountable for actions

General: if present, court may appoint a guardian.

Question 13

If HIV pt discloses they are having unprotected sex with others and not disclosing HIV, what do you do?

Answer 13

Encourage pt to notify his partners in your presence. If he refuses, notify public health authorities.

Question 14

What is the M’Naghten Rule?

Answer 14

“To establish a defense on the groudn of insanity, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as NOT TO KNOW the nautre and quality of the act he was doing. OR if he did know it, that he did not know what he was doing was wrong.”

Hard to prove ‘insanity’ which is a legal term.

Question 15

American Law Institute Test

Answer 15

“A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criinality of his conduct OR to conform his conduct to the requirements of the law. “

This makes it EASIER than M’Naghten to prove insanity, which is a legal term like ‘competence.’

Question 16

Do curbside consults establish a patient-physician relationship?

Answer 16

NO.

Question 17

4 D’s of Malpractice

Answer 17

1) Duty: Must have established relationship
2) Deviation (Negligence) .: Must be proven that the physician did not act in accordance with the standards of care.
3) Damages (Harm): It must be proven harm (physical or emotional) must have occurred.
4) Direct Causation: It must be proven that the physician’s negligent act directly caused the harm done to the patent.

Question 18

What is the statute of limitations?

Answer 18

Period of time patient-plaintiff is allowed to file a court case beginning at the time they discover a harm occurred.

For minors, statue of limitations begins at age of majority.

Question 19

Most common cause of malpractice cases?

Answer 19

Deliberate self harm.

Question 20

What did Kansas vs Hendricks do for us ?

Answer 20

The right of states to establish civil commitment statues.