Ethical Decision-Making Framework and Malpractice 1

if you are unable to reach a conclusion about an ethical issue, you might experience ____________

moral distress

what is used as a guide in the analysis of ethical problems

ethical decision-making framework

what provides documentation of the decision and reasoning behind your choice

ethical decision-making framework

who are some people who you can involve in the decision-making process?

-trusted mentor

-interprofessional team

-organizational ethics consultant

-supervisor

what are the 6 steps for decision making framework for ethical dilemmas

1. gather

2. identify

3. resources

4. options

5. prioritize

6. act and reflect

improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position

malpractice

what is a civil legal action taken by a patient against a health care organization or provider for an injury that occurred during the delivery of service

malpractice

what are some factors that increase your risk of a malpractice allegation

-our litigious society

-expanding scopes of practice

-cross training of professionals

what is the number 1 cause for a malpractice claim

negligence

what is carelessness subject to legal action

negligence

conduct by a person who owes another a legal duty that falls below a standard established by law for protection of others agains reasonable risk of harm

negligence

the large majority of malpractice actions are based on __________

accusations of negligence

how many elements must be proven to establish a claim of negligence

4

what are the 4 elements to establish a claim of negligence

1. duty to act in a particular way

2. breach of that duty

3. actual harm

4. causal connection between the breach of duty and the harm or damages (causation)

what is considered acceptable by an ordinary, reasonable professional peer of the defendant, acting under the same or similar circumstances

duty

a part of duty that has care that fails to comply with legal and ethical standard, ie., care that failes to meet at least minimally acceptable standard of care for a defendant provider's specific discipline

substandard care

how is a standard of care established

- The testimony of an expert witness, usually a person of the same discipline

- Authoritative texts

- Peer-reviewed publications

- Reference to practice guidelines and protocols