study guide Flashcards
Compare a written, limited, verbal and implied limited contract.
Written Contracts: Formal agreements in writing and are considered the most reliable and enforceable.
Limited Contracts: Contracts often used in businesses or employment and have a specific duration or scope, their terms are clearly defined and most often in writing.
Verbal Contracts: Agreements made through spoken words, and while legally binding they can be harder to prove and enforce, due to the lack of written record.
Implied Limited Contracts: These are agreements that arise from the actions and conducts of the parties, rather than words or writing, are inferred from the circumstances.
Compare false imprisonment, conversion, trespass and deceit.
False imprisonment involves unlawful restraint of a person’s freedom of movement, while conversion is the intentional exercise of dominion over someone else’s property, depriving them of its use. Trespass involves interfering with someones property, while deceit is making a false statement with the intent to mislead.
Compare the various malpractice insurances.
Discuss act-utilitarianism
an ethical theory that judges the morality of an action solely based on its consequences, aiming to maximize overall happiness or utility for the greatest number of people, evaluating each action individually rather than relying on pre-established rules.
Discuss behavior associated with compassion
Characterized by empathy. Includes listening, offering support, and showing kindness.
Discuss deontological theory
a moral theory that judges the morality of an action based on whether it adheres to a set of rules or duties, rather than on its consequences or outcomes.
Discuss duty- oriented theory
an ethical framework that emphasizes the moral obligation to follow rules and duties, regardless of the potential consequences of actions.
Discuss Kant
Kant believed that reason is the source of morality and that aesthetics arises from a faculty of disinterested judgment.
discuss kohlberg
theory of moral development proposes that moral reasoning progresses through six stages, organized into three levels (pre-conventional, conventional, and post-conventional), as individuals, encounter and reflect on moral dilemmas.
Discuss Maslow
hierarchy or needs is a motivational theory in psychology, often depicted as a pyramid, that posits human needs are fulfilled in a hierarchical order, starting with basic physiological needs and progressing to higher-level needs like safety, love, esteem and self actualization.
Discuss Piaget
children progress through distinct stages, each characterized by unique ways of thinking and understanding the world, moving from sensorimotor actions to abstract reasoning.
Discuss rule utilitarianism
a branch of utilitarianism, judges morality of actions based on whether they conform to rules that, if universally followed, would maximize overall well-being or happiness.
Discuss the 3 “C’s”
The 3 C’s are confidentiality, consent and capacity.
Discuss the crimes that could revoke a license.
sexual misconduct, medical insurance fraud, criminal convictions and violations of prescription drug laws, as well as other serious offenses that undermine public trust.
( gross negligence, unethical behavior, criminal activity or incompetence).
Discuss the individuals involved in a criminal case.
the prosecutor (representing the government), the defendant (the person accused), the judge (presiding over the trial), lawyers (representing the parties), witnesses (providing testimony), and potentially a jury (deciding guilt or innocence).
Discuss the Medical Practice Acts and its roles.
State laws written for the express purpose of governing the practice of specific health care professions.
Primary mandates of practice acts are to:
1. Define what is meant y the practice of the individual profession in each state
2. explain requirements and methods for licensure
3. provide for the establishment of licensing boards
4. establish grounds for suspension or revocation of license
5. give conditions for license renewal
Discuss the patients’ rights and obligations.
*receive considerate and respectful care
*recieve complete current information concerning his or her diagnosis, treatment and prognosis
*receive information necessary to give informed consent prior to the start of any procedure and/ or treatment
*refuse treatment to the extent permitted by law
*receive every consideration of his or her privacy
*be assured of confidentiality
*obtain reasonable responses to request for services
*know whether treatment is expiremental and be free to refuce to participate in research projects
*expect reasonable continuity of care
*examine his or her bill and have it explained
*know which hospital rules and regulations apply to patient conduct
*terminate the physician patient contract, which includes leaving a hospital or refusing treatment against medical advice.
Discuss the role of constitutional law
establishes the governments powers, limits and structure while also protecting fundamental rights and ensuring a balance of power amongst different branches.
Discuss the seven universal principles of health care ethics.
- Respect for autonomy
- Beneficence
- Non-maleficence
- Justice
- Confidentiality
- Veracity
- Fidelity
Discuss the standard of care
refers to the level of care that a reasonably competent and prudent healthcare provider would provide under similar circumstances. its a legal yardstick used to determine if a health care provider’s actions fell below the expected standard, poentially leading to liability for harm.
Discuss the Uniform Anatomical Gift Act
is a model law that establishes as a legal framework for organ and tissue donation in the united states, allowing individuals to donate their organs, tissues, or eyes after death for transplantation, therapy, research or education.
Discuss unethical acts
actions that violate moral principles, professional standards, or organizational policies, often resulting in harm or unfair advantage, and undermining trust and reputation.
Discuss unlawful acts
unlawful act in a general legal sense, is any action that violates a law, whether criminal or civil.
Discuss what happens in an ethical dilemma
a healthcare professional faces a situation where multiple courses of action are possible but none can be chosen without violating a core ethical principle or guideline, often involving conflicting values or duty.
