Exam 3 Notes Flashcards
Studies have shown direct correlation between unprofessional behavior in med schools and subsequent….
….disciplinary actions by the state medical board
National practitioner databank (NPDB)
Web based database of reports to prevent practitioners from state to state without disclosure or discovery of previous damaging performance, includes items such as medical malpractice payments, federal and state licensure and certification actions, etc
Dr Christopher Duntsch
Dr Death, operated at multiple facilities on total of 38 patients with 31 having serious outcomes and 2 dying, facilities were hesitant to report for fear of lawsuit, emphasizes importance of utilizing the NPDB (National practitioner data bank)
What is considered unprofessional conduct?
- Violation of any federal or state law that applies to healthcare tasks by the PA
- claiming to be a physician or representing
- performing tasks that are not delegated by supervising physician
- habitual abuse of alcohol or substances
- signing a blank, undated, or predated prescription form
- gross or repeated malpractice
- prescribing controlled substances or drugs for which the PA is not approved
- Any conduct that is dangerous to the health of the public
- Failing to use and affix the initials “PA” or “PA-C” after the PA’s name or signature on charts
- failing or refusing to maintain adequate records on patients
- false, fraudulent, or deceptive advertising
- engaging in sexual contact with patient or former patient within 6 months of last medical consultation
How should a PA respond to a medical board complaint? (3)
- Immediately notify supervising physician***, review chart immediately
- if requested to meet with investigator, have legal council
- stay factual
Whistleblowing in healthcare
A person with knowledge of fraud who brings a lawsuit exposing the fraud and recovering damages on the government’s behalf
Physician Health Program (PHP)
Most states have a PHP as part of a federal network thats goal is to help providers with addiction or psychiatric issues to get help they need to be able to continue to practice medicine, can be reported by other or self reported (tends to be looked on more favorably), does have relationship with medical board, can make disciplinary recommendations to the board, provider has to pay for services themselves
Any complaint may be filed with the medical board, and all complaints result in….
….an investigation being initiated
Principle of autonomy
Based on the principle of respect for persons, ideal that individual persons have right to make their own choices and have right to self governance/self rule/self determination, in medicine translates to principle of informed consent, legal premise linked to right to privacy and law on assault and battery (forbids unwanted touch), applies to medical diagnosis/treatment and research as well
Principle of respect for persons
The right to determine what life means by use of own judgement and decisions including right to self determination, therefore a competent adult has the right to make their own healthcare decisions
Institutional ethics committees
Utilized in cases where there is questionable legal grounds, courts may accept or reject their recommendations, must keep patients well being as primary focus and should not reflect values of medical professional over the patient, should operate at a level of transparency for patient or surrogate representation
5 components of informed consent
1) full disclosure (patient has right to know diagnosis, name/description of proposed treatment, benefits, risks including death, and alternatives)
2) competence (In order for a person to give consent they must have legal capacity to do so - such as being considered an adult or children legally emancipated, not under influence of any drugs or neurologically impaired OR can have surrogate on living will)
3) understanding (obligation to actually communicate and not use technical jargon, speak to level of education, repeat it back to you)
4) voluntary (free from undue influence or coercion)
5) completed consent form/signature (representative that all the above have occurred)
Prudent person rule (reasonable person standard)
Rule about disclosure of information where a provider tells the patient what a prudent, reasonable person would need to know to refuse or accept treatment including the diagnosis, nature and purpose, risks and consequences, expected benefits, alternative treatments including doing nothing, prognosis, and costs
2 subtypes of incompetence
- temporary (unconscious or under influence)
- requiring a surrogate (not temporary, think dementia or neurologic deficit)
Strong paternalism
Attempt to overrule/override wishes of competent person, usurps right to make decisions, controversial if ever acceptable
Weak paternalism
Overriding of temporarily incompetent individuals wishes, attempts to restore patients competence so they can give informed consent
Therapeutic privelege
Medical paternalism, withholding info from patient when provider has reason to believe disclosure will have adverse effect on patients condition or health
exceptions to informed consent (2)
- emergency situations
- Implied consent (procedures of routine diagnostics or those that are non-invasive such as lab work or x rays respectively)
Battery and 4 examples
Intentional wrongful act or infringement of a right without an individuals consent
1) failure to obtain consent
2) performs different procedure than that for which consent is given
3) performing procedure on wrong part of body
4) different unconsented-to provider performs procedure
Tort of negligence
Failure to exercise care in doing what is otherwise permissible (medical malpractice, substandard care provided)
Religion vs spirituality
Religion is a set of beliefs, rituals and practices embodied within an institution or organization or community vs spirituality is how we feel personally about our beliefs and values regarding the afterlife and meaning of the universe
Patients who feel punished within their religion (manifested by their disease state) will have…
….worse outcomes on overall health than those who do not
Key values in medicine (7) and which ones overlap with religious key values
- Nonmaleficence (overlaps)
- beneficence (overlaps)
- justice (overlaps)
- autonomy
- confidentiality
- truthfulness (overlaps)
- compassion, service, altruism (overlaps)
Healing vs curing
Healing is more holistic and has to do with outlook and relationship of patient to their health vs curing is removal of a disease state, not mutually exclusive as one can be healed or cured or neither and religion plays a role in both
Positives of religion (3)
- encourages healthy moral behavior
- opposes self indulgence and self destruction
- provides social support and ethical value system
Negatives of religion (2)
- misuse of religion to do evil
- faith healing use instead of more modern medical approach