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Legal & Ethics > Legal & Ethics up to Quiz 3 > Flashcards

Legal & Ethics up to Quiz 3 Flashcards

1
Q

RED

A

Respect
Empathy
Dignity

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2
Q

Respect

A

respecting someone is to show that person attention and regard the person’s feelings

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3
Q

Empathy

A
  • treating a patient as you would want to be treated; understanding the patient’s needs fosters the trait of empathy
  • -The highest standard of professionalism involves maintaining a spirit of helpfulness, knowledge, and regard for the patient’s condition, always showing EMPATHY and concern, with the PATIENT’S BEST INTEREST BEING THE TOP PRIORITY
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4
Q

Dignity

A

showing a patient respect empowers that person to feel dignity; dignity arises from another person showing you regard. This is especially an issue in vulnerable populations like the elderly

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5
Q

Ethical Standards

A

Seeing the patient as an individual is essential in performing healthcare services to the highest standards: no patient, no health care

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6
Q

Examples of Ethical Standards

A

Examples of ethical standards: do not let an external influence, such as a drug representative, compromise the patient’s best interest; do not waste resources (e.g., overusing supplies) or withhold needed items of care

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7
Q

Cultural Competence

A

Developing and practicing appropriate, relevant, and sensitive strategies and skills in interacting with those who are different from yourself

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8
Q

Cultural Competence: Principle 1

A

OTs shall demonstrate a concern for the well-being and safety of the recipients of their services

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9
Q

Cultural Competence: Principle 4

A

OTs shall provide services in a fair and equitable manner

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10
Q

Cultural Competence: Principle 4F

A

OTs shall provide services that reflect an understanding of how OT delivery can be affected by factors such as economic status, age, ethnicity, race, geography, disability, marital status, sexual orientation, gender, gender identity, religion, culture, and political affiliation.
– Speaks directly to prohibition of discrimination in the delivery of services.

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11
Q

Cultural Competence: Principle 1E, 3I, 5F

A

These principles remind practitioners of the importance and duty of lifelong learning to develop the knowledge and skills required to provide culturally appropriate service.

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12
Q

Cultural Competence: Principle 7

A

OTs shall treat colleagues & other professionals with respect, fairness, discretion, and integrity.

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13
Q

Ethical Considerations in healthcare Provider-Patient Relationships

A

Guidelines for appropriate professional behavior dealing with these areas:

  • Fostering trust.
  • Listening without judging.
  • Patient undressing.
  • Respecting boundaries.
  • Appropriate language.
  • Sexual or other contact.
  • Intimate examinations.
  • Avoiding promises.
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14
Q

Transference

A

occurs when a patient retains feelings or attitudes associated with childhood which may surface during treatment and be transferred onto the healthcare provider

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15
Q

Counter-transference

A

occurs when the provider experiences feelings for the patient that are out of the norm, such as anger

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16
Q

Contract of care

A

An agreement that creates a relationship where the healthcare provider is to provide care to the patient

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17
Q

Consent

A

A patient’s agreement to treatment. This consent can be informed or implied

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18
Q

Informed consent:

A
  • Informed consent = expressed consent
  • This occurs when a provider explains the treatment or procedure and the patient or patient representative agrees. This form of consent can be verbal but is usually written in a signed consent form
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19
Q

Implied consent

A
  • Occurs when a patient’s behavior suggests compliance (e.g. rolling up a shirt sleeve when the nurse arrives to administer a shot).
  • In emergency situations consent by accident victims is considered to be implied
  • In emergency situations, the Good Samaritan law protects the provider from being sued when performing medical care in good faith. Every state has some version
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20
Q

Can a physician “fire” a patient?

A
  • A provider has a right to release a patient. In June 1996, the American Medical Association (AMA) issued Opinion 8.115 – Termination of the Physician-Patient Relationship. Notice must be given to the patient or patient’s representative sufficiently in advance to permit a replacement
  • Patients may be dismissed by a provider due to noncompliance (not following the provider’s advice), insurance plan participation, failure to keep appointments, and nonpayment for services.
  • This is also allowed as a therapist.
  • Supervisor discussion
  • Carry over to another therapist
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21
Q

Patient Care Partnership

A
  • This document is a guide for patients to understand their rights and responsibilities when receiving care during a hospital stay.
  • This document also addresses financial aspects of patient care, confidentiality, and patient choices in their own medical care
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22
Q

Patient Abandonment

A

-Withdrawal from treatment of a patient without giving reasonable notice or providing a competent replacement = ABANDONMENT

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23
Q

Reasons of “true” Abandonment

A
  • One’s skills may no longer assist the patient
    • Get more skilled OT
  • Inappropriate actions from the patient (violent, sexually explicit)
    • TBI aggressive - puts you in harms way
  • Cultural and religious values.
    • If you have a great deal of issue w/ someone’s beliefs, it’s ok to switch therapists
24
Q

Constitutional Law

A

The highest form - fed govt - i.e. The Affordable Care Act

25
Q

Common Law

A

Set by the judicial branch - Outcomes of court cases determines common law - i.e. Roe vs. Wade

26
Q

Administrative Law

A

Fed govt creates agencies & give them right to implement laws - i.e. HIPAA

27
Q

Statutory Laws

A

Start as bills, then must be approved by both legislative branches & eventually the President. - i.e. Good Samaritan laws

28
Q

Unintentional torts

A

Negligence

  • Duty
  • Breach of duty
    • Misfeasance (mistake)
    • Malfeasance (mal-intent)
    • Nonfeasance (failure to act)
  • Causation
  • Damages
29
Q

Fair Labor Standards Act (FLSA)

A

– hours, wages, overtime, youth employment

30
Q

Equal Pay Act

A

– should be equal pay no matter sex, position

- 1963

31
Q

Family and Medical Leave Act (FMLA)

A

– will hold job for up to 12 wks unpaid medical leave – protects your job – after your 1st yr

32
Q

Patient Protection and Affordable Care Act

A

– req. that employers give time for pumping milk & a location to do so for 1 year after child is born
– signed in March 2010

33
Q

Equal Employment Opportunity Commission (EEOC)

A

– rights – organiz to give equal opportunity (people to talk to if unhappy, etc.)

34
Q

Civil Rights Act

A

– prohibiting discrimination age, sex, race, firing

35
Q

Age Discrimination in Employment Act

A

– can’t fire/not hire old 40+

36
Q

Rehabilitation Act

A

– those that are disabled can’t be disc against

37
Q

Pregnancy Discrimination Act

A

– can’t not hire / can’t fire vs b/c pregnant

38
Q

Americans with Disabilities Act (ADA)

A

– accessibility of public places

39
Q

Occupational Safety and Health Act – OSHA

A

– safety guidelines regardless of profession

40
Q

Beneficence

A

OTs shall demonstrate a concern for the well-being and safety of the recipients of their services

41
Q

Nonmaleficence

A

OTs shall intentionally refrain from actions that cause harm

42
Q

Autonomy & Confidentiality

A

OTs shall respect the right of the individual to self-discrimination

43
Q

Social Justice

A

OTs shall provide services in a fair and equitable manner

44
Q

Procedural Justice

A

OTs shall comply with institutional rules, local, state, federal, & international laws & Association documents applicable to the profession of OT

45
Q

Veracity

A

OTs shall provide comprehensive, accurate, and objective information when representing the profession

46
Q

Fidelity

A

OTs shall treat colleagues & other professionals with respect, fairness, discretion, & integrity.

47
Q

Possible sanctions:

A 
	Malpractice
	Educative letters
	Reprimands
	Suspensions
	Revocations
	Fines
48
Q

Problems

A

questioning of conduct (straightforward/resolvable)

49
Q

Issues

A

debatable, resolved thru compromise. Ex: you’re working with a PT on a patient and trying to figure out how much time to bill them.

50
Q

Dilemma

A

Emergent situations, 2+ positive or negative options. Ex: Weighing the consequences

51
Q

Values

A

Principles used to define right and wrong.

52
Q

Morals

A

Social convictions, system & individual beliefs regarding right and wrong. Relates to one’s own principles and values.

53
Q

Ethics

A

Study of right and wrong and how we make those determinations. From the Greek word ethikos meaning character.

54
Q

Law

A

Formally enacted, binding on, and upheld by society. Usually promotes the common good & regulates human behavior.

55
Q

FLOAT:

A
  1. Factual
  2. Legible
  3. Objective
  4. Accurate
  5. Timely

Legal & Ethics (2 decks)

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