Law & Ethics In Health Care Flashcards
List the 3 ways health professionals can become licensed.
The three ways to obtain a license are by examination (oral and written exams for a particular state are taken and passed), reciprocity (a state accepts a current license from other state) , or endorsement (a state accepts the scores of a national examination.)
List the 6 licensure requirements for physicians.
To obtain a license, physicians must
(A) meet individual state requirements,
(B) complete education requirements through an approved medical school
(C) complete an approved residency program
(D) pass all examinations required by the state board of medical examiners
(E) be of good moral character
(F) attain the age of majority
Distinguish between public law and private law.
Public law is concerned with the welfare or safety of the public. Private law deals with issues against private individuals.
Describe abandonment and give an example.
Abandonment occurs if a physician fails to provide physician coverage in his/her absence i.e. Refusal to treat in cases of noncomplaince
Explain how malpractice relates to liability.
Malpractice is a specific type of negligence in which a professional fails to act with reasonable care, and the person who commits malpractice is liable.
Describe the expectations patients have for effective care.
All health care professionals have a responsibility to their patients to be respectful, competent, maintain a code of ethics, and to “do no harm.”
Explain the purpose of the Uniform Anatomical Gift Act.
The Uniform Anatomical Gift Act allows a person to donate their body post mortem for research.
Explain the difference between ethics and law.
Ethics is a moral, voluntary choice - R or W.
Law is a mandatory choice - R or W.
Law you must do; ethics you should do.
Explain the importance of informed consent.
Informed consent must be given by the patient before treatment or procedures, and must be given sufficient information about the procedure (risks, alternatives) to enable the patient to make an informed decision.
Describe the purpose of the Good Samaritan Act.
The Good Samaritan Act allows a person to assist an injured person without fear of a lawsuit as long as they stay within their scope of training.
List the 6 steps in formally withdrawing from the physician-patient contract.
(A) the patient must be notified in writing.
(B) reasons for dismissal must be stated.
(C) an effective date is given when treatment will cease.
(D) a list of possible physicians is provided.
(E) a form is enclosed for transfer of patient’s records.
(F) a letter is sent via certified mail, and return receipt is request.
Explain the difference between intentional negligence and non-intentional negligence.
Intentional tort are wrongful acts committed by one person against another i.e. Assault and battery, defamation, invasion of privacy, false imprisonment, and medical abandonment.
Non-intentional torts include negligence and res ipsa loquitor.
Describe the purpose of the Medical Practice Acts.
The Medical Practice Acts were created to protect people from unqualified health care professionals and to establish a medical board to review licensing requirements, guidelines for suspension and revocation of their licenses, and renewal requirements for physicians in their state.
