Midterm - week 1 Flashcards
Guiding principles (moral philosophy) related to standards of behavior of an individual or group
Ethics
What are the schools of ethics?
Deontology
Consequentialism
Virtue ethics
What is deontology
A school of ethics which
- Focus on importance of actions
- is based on universal moral laws/rules
- Associated with Immanuel Kant
What is consequentialism?
A school of ethics which
- Focus on outcomes of actions, i.e. the end justifies the means
- Associated with Jeremy Bentham, David Hume
- Includes Utilitarianism and Hedonism
What is virtue ethics?
A school of ethics which
- Focus on practice and development of desirable
personal qualities
- Associated with Socrates and Aristotle
A school of ethics which
- Focus on outcomes of actions, i.e. the end justifies the means
- Associated with Jeremy Bentham, David Hume
- Includes Utilitarianism and Hedonism
Consequentialism
A school of ethics which
- Focus on importance of actions
- is based on universal moral laws/rules
- Associated with Immanuel Kant
Deontology
A school of ethics which
- Focus on practice and development of desirable
personal qualities
- Associated with Socrates and Aristotle
Virtue ethics
- Ethics that apply to a specific profession
- Varies based on knowledge, skills, duties of
profession - Often described by “Code of Conduct”
Professional ethics
What are the 6 health care ethic principles?
- autonomy
- beneficence
- Non-maleficene
- justice
- veracity
- fiduciary duty
What is autonomy?
a Health care ethics
(self-determination) - patients have the right to make decisions on their own behalf
What is beneficence?
a Health care ethics
do good, engage in actions that result in positive outcomes
What is non-maleficence?
a Health care ethics
prevent harm ( primum non nocere)
What is justice?
A health care ethics
Act in fairness
What is veracity
A health care ethics
Be truthful
What is fiduciary duty
A health care ethics
Act in best interest of another, maintain trust
a Health care ethics
(self-determination) - patients have the right to make decisions on their own behalf
Autonomy
a Health care ethics
do good, engage in actions that result in positive outcomes
Beneficence
a Health care ethics
prevent harm ( primum non nocere)
Non-maleficence
A health care ethics
Act in fairness
Justice
A health care ethics
Be truthful
Veracity
A health care ethics
Act in best interest of another, maintain trust
Fiduciary duty
What is jurisprudence?
Theory, study, and practice of the law (and associated rules, policies, procedures)
What are these examples of?
- Courts
- Administrative Agencies, e.g. regulatory boards
- Credentialing Bodies, e.g. insurance networks
- Professional Associations
- Arbitration
Governing bodies
What do municipal courts deal with?
Minor matters, e.g. traffic offenses, some misdemeanors
What do small claims court deal with in terms of $, legal counsel, appeal rights?
- Limit of claim, e.g. < $10,000 in Oregon
- Usually no legal counsel
- No appeal rights
What do state courts deal with?
Circuit (District) Courts
• Limited jurisdiction
Appellate Courts
• Appeals from trial courts and administrative agencies
• Decisions based on procedure, interpretation of law
Supreme Court
• Trial courts with broad jurisdiction
• Review of Court of Appeals decisions
What do federal courts deal with?
District Courts – 94 districts in U.S.
• Jurisdiction over federal laws, cases with “diversity of citizenship”
Appellate Courts
• Determine if District Court applied law correctly
• Appeals from federal administrative agencies
U.S. Supreme Court
• Highest court in United States
• Decisions about important national issues
• Governmental bodies tasked with administering and
implementing particular legislation
- e.g. medical/chiropractic regulatory board, workers’ compensation board, BOLI
• Administrative functions, e.g. rule making, licensing • Quasi-judicial functions, e.g. disciplinary procedures • Hearings overseen by Administrative Law Judge (ALJ)
Administrative agencies
Insurance companies/panels
• Voluntary contracts between provider and insurer
• Dictate rights of provider and insurer
• e.g. fee schedule, pre-authorizations, covered/allowable services, documentation requirements, audits, appeals
• Dictate how decision appeals are processed
Credentialing bodies
Voluntary membership
• Members may submit to additional responsibilities and review
• Vision/Mission/Values
• Code of Ethics – expectations for member behavior
• Policy/position statements – on professional issues
• Reaction to other associations’ policies/positions
Professional associations
Non-trial resolution of dispute;
Contractual
• Right to trial waived by parties
• e.g. insurance panel, employment agreement
Mandatory
• May be required for small disputes
• Decisions can be appealed by either party
• New trial based on facts and law
• Risk of additional costs, e.g. attorney fees
Arbitration
What are types of actions for criminals?
• State vs. Defendant
• Defendant is an alleged criminal (perpetrator)
• Governmental jurisdiction prosecutes the case
• Victim (if there is one) is the injured party, but not a party
to the filed action
• If found guilty, criminal receives sentence
• May be monetary penalty and/or imprisonment and/or
community supervision
What are types of actions for civil?
- Plaintiff vs. Defendant (both are parties)
- Parties may be individuals or entities, e.g. corporation or government
- Defendant allegedly failed to carry out legal duty owed to plaintiff
- Plaintiff may seek fulfillment of duty or compensation (damages), or both
What are types of actions for boards?
• Board vs. Licensee
Licensee (e.g. doctor) allegedly violated a rule • Subject to disciplinary action • Fine • Restriction/suspension/loss of license • Required training/supervision • Ongoing monitoring • Public notice
Party who initiates a lawsuit (legal proceeding, action)
before a court
i.e. party who files the first complaint with a court of law
Plaintiff
Person, legal entity or government body who defends a lawsuit
Defendant
The first document filed by a plaintiff in a civil lawsuit
• Alleges a legal basis for a claim and related damages.
Complaint
The fact(s) that give a party a right to judicial redress or relief against another • Must meet specific criteria e.g. A medical malpractice claim requires a plaintiff to establish that a physician was negligent.
Cause of action
A medical malpractice claim requires a plaintiff to establish that a physician was negligent.
In order to do so, the plaintiff must establish what 4 elements?
- Duty – based on existence of doctor-patient relationship
- Breach – failure to meet the applicable standard of care
- Damage – existence of harm, i.e. compensable injury
- Causation – causal connection between the breach and harm
- Instrument used to commence a civil action
- Means of acquiring jurisdiction over a person
- Served with a complaint upon a defendant
Summons
What are methods of service of summons?
- Personal service – handed to defendant, commonly by a process server or a sheriff
- Substitute service – given to someone at defendant’s residence
- Office service – given to person in charge at place of business
- Mail service – to defendant’s address
- Publication of service
The response a defendant files to a plaintiff’s complaint
Answer
What is the purpose of an answer?
• Admit or deny each allegation
- Raise “affirmative defenses”
- Examples - case was untimely; the plaintiff contributed to the outcome; statute limits damages; etc.
• Make “counter-claims”
• Examples – plaintiff was negligent; plaintiff breached a
contract causing defendant some harm
What is a cross-claim that the defendant can make?
against a codefendant in the suit filed by plaintiff
• e.g. A chiropractor makes a claim that a co-defendant physician failed to diagnose the plaintiff.
What is a third party claim that the defendant can make?
against a party not named in the suit
• e.g. A chiropractor makes a claim that the electrical stimulation device used to treat a plaintiff malfunctioned during the treatment.
A request for a judge to make a decision about a filed
case
Motion
formal mechanism to request records from another party
Request for production
written questions to another party, requiring answers
Interrogatories
testimony of a party or witness by oral questioning prior to trial
• Under oath and recorded
• Typically conducted in an attorney’s office
Deposition
court process compelling a party or third party to produce documents or things
Subpoena Duces Tecum
authorization from a party to obtain records directly
Release
court-ordered command to compel testimony or production of evidence, under penalty for failure to comply
Subpoena
evaluation of a plaintiff (or claimant) in relation to claim of physical or mental harm, requested or compelled by defendant (or insurer)
Independent medical examination
Methods of settling disputes without litigation
• May be voluntary or mandatory
• May not be required to settle, only to participate
• More expeditious and less costly, compared to trial
Alternative dispute resolution
Provider of oral evidence (testimony) under
oath
Witness
finding or decision of fact, usually by a jury
Verdict
final decision of the court, resolving the dispute
• determines rights and obligations of the parties
Judgement
unsuccessful party’s contesting of a final decision, filed with the appropriate court
• Based on erroneous application of law (i.e. decisions of the judge), not the facts
Appeal
