Ethics and Legal Issues in Health Care

A set of flashcards focusing on ethical and legal issues relevant to health care and respiratory therapy.

What ethical issue has recently become significant for respiratory therapists due to a congressional act?

Patient's right to privacy

What provides specific guidance in resolving ethical dilemmas in most professions?

A code of ethics

What principles does the AARC Code of Ethics hold professionals to?

1. Actively maintaining and improving one's competence,

2.  Following sound scientific procedures and ethical principles in research,

3. Promoting disease prevention and wellness,

4. Respecting and protecting the rights of patients.

1, 2, 3, and 4

What are primary guiding principles in contemporary ethical decision making?

1. Nonmaleficence, 2. Autonomy, 3. Justice, 4. Role fidelity

Which ethical principle upholds a patient's right to refuse treatment?

Autonomy

What practice involves withholding truth from a patient for their own good?

Benevolent deception

What ethical principle justifies pain that might occur in drawing blood for a diagnostic test?

Double effect

The debate over prolongation of life versus relief of suffering primarily involves what ethical principle?

Beneficence

What types of directives can patients use to help resolve ethical dilemmas involving their life-sustaining care?

Durable power of attorney, Living will

When can the principle of confidentiality be breached?

When the welfare of the community or a vulnerable individual is at stake

The moral basis for rationing health care services falls under which ethical principle?

Distributive justice

What has played a minor role in increasing the cost of health care?

Compensatory Justice

What ethical principle is practiced when a therapist defers a patient's questions to the attending physician?

Role fidelity

A clinician justifying support for withdrawing life support based on overall benefit is applying what ethical viewpoint?

Consequentialism

A clinician justifying not billing a poor patient based on professional duty is applying what ethical viewpoint?

Virtue Ethics

What should one do before making an ethical decision?

Identify the individuals involved, identify the ethical principles, identify decision-makers, consider alternatives.

Divisions of public law include which of the following?

Administrative and criminal

What branch of law deals with recognition and enforcement of rights and duties of private individuals?

Civil law

What is a civil wrong committed against an individual or property called?

Tort

Which elements are necessary to validate a claim of professional negligence?

1. Duty owed, 2. Dereliction of duty, 3. Direct cause of damages.

What is required to support a claim of res ipsa loquitur in professional negligence?

The action responsible for the injury was under the control of the defendant, the harm was such that it would not normally occur without someones negligence, negligences or voluntary risk taking. 

A physician participating in active euthanasia is committing what type of malpractice?

Criminal malpractice

What type of malpractice occurs when a nurse practices below a reasonable standard of care?

Civil malpractice

What type of malpractice does a respiratory therapist commit with questionable business practices?

Ethical Malpractice

Which acts are considered intentional torts?

1. Assault and battery, 2. Defamation of character, 3. Invasion of privacy.

What charge can result from performing a procedure involving contact without consent?

Battery

Legitimate defenses against an intentional tort include?

Lack of intent to harm, Informed consent.

What happens if a respiratory therapist gives the incorrect dose prescribed by a physician?

Negligence could be claimed against both the therapist and physician and also the pharmacist.

What does PHI stand for in health care?

Protected health information

What legal doctrine holds superiors accountable for their workers' actions?

Respondent superior

What act improved access to health care and reimbursement for services?

PPACA (Patient Protection and Affordable Care Act)

What does the False Claims Act allow each health care worker to do?

File a lawsuit against the company for fraud or false billing.

If a respiratory therapist refers a medicare patient to a particular home care company and recieves a finders fee in return what is this called. 

Medicare fraud. 

What sanctions can apply when a law is broken?

1. Reparations, 2. Incarceration, 3. Licensure suspension.

What simple question does ethics attempt to answer?

How should we act?

What is the role of the corporate compliance officer in a health care setting

To oversee the hospital business practices and make sure that they conform to the law. 

What can be effective tools in preventing malpractice lititgations

Active risk management, appropriate guest relations policies.

What does the national labor relations act (NLRA) do for each individual health care worker

It provides protections to hospital workers whether they are organized into a union or not.

How can ethical obligation be used in legal proceedings

As a tool of cross examination.

IN tort law, what is proximate causation

It turns on foreseeability to decide whether it is fair to impose damages on a defendant.