Chapter 5: Ethical and Legal Implications of Practice

Vocabulary flashcards covering key ethical and legal terms relevant to respiratory therapy practice.

Ethics

Philosophical discipline concerned with how individuals ought to act, especially in professional practice.

Philosophy

The pursuit of wisdom and knowledge about humankind, nature, and reality; ethics is one of its branches.

Ethical Dilemma

A situation in which moral obligations or principles conflict, requiring a difficult choice in patient care.

Code of Ethics

Written guidelines, such as the AARC Statement of Ethics and Professional Conduct, that set professional behavior standards.

Autonomy

Patient’s right to self-determination and informed consent regarding their own treatment.

Veracity

Obligation of health-care providers to tell the truth to patients about their care and options.

Nonmaleficence

Duty to avoid causing harm to patients, even when treatments carry inherent risks.

Beneficence

Obligation to actively contribute to the health and well-being of patients (‘do good’).

Confidentiality

Ethical requirement to protect a patient’s private medical information from unauthorized disclosure.

Justice

Principle requiring fair and equitable distribution of health-care resources and treatments.

Distributive Justice

Fair allocation of limited health-care resources, often involving rationing decisions.

Compensatory Justice

Recovery of damages for injuries suffered, as in malpractice cases.

Role Duty

Responsibility to understand and practice within the limits of one’s professional role.

Formalism

Ethical viewpoint that judges actions by adherence to rules or principles, regardless of outcomes.

Consequentialism

Ethical approach that evaluates actions by their results, aiming for the greatest overall good.

Virtue Ethics

Perspective asking what a ‘good practitioner’ would do, emphasizing character and moral virtues.

Intuitionism

View that certain moral truths are self-evident and decisions may rely on caregiver intuition.

Professional Malpractice

Failure of a professional to meet the standard of care, leading to patient harm.

Negligence

Failure to perform duties competently, resulting in harm; a type of negligent tort.

Intentional Tort

Willful act that violates another’s rights or interests, such as assault or battery.

Negligent Tort

Unintentional wrongful act caused by carelessness or failure to act, leading to damages.

Causation (Legal)

Link establishing that a breach of duty directly resulted in patient injury.

Proximate Causation

Legal concept focusing on foreseeability to decide if it is fair to impose damages.

Damages

Monetary compensation awarded for injury; may be economic, noneconomic, or punitive.

Punitive Damages

Awards meant to punish wrongful conduct and deter similar future actions.

HIPAA

1996 federal law setting standards to protect patients’ identifiable health information while permitting information flow for care.

Respondeat Superior

Legal doctrine holding employers (physicians/hospitals) liable for actions of their employees.

Practice Act

State statute defining scope, qualifications, and regulations for a licensed profession.

Scope of Practice

Legal and professional boundaries outlining procedures and responsibilities a clinician may perform.

Licensure

Governmental authorization allowing a professional to practice and creating legal accountability.

Good Samaritan Laws

Statutes protecting individuals who render emergency care without expectation of remuneration from liability.

Corporate Compliance Officer (CCO)

Hospital official ensuring business practices follow laws and addressing legal/ethical concerns.

Patient Protection and Affordable Care Act (PPACA)

2010 law that, among other provisions, strengthens whistleblower protections for health-care workers.

National Labor Relations Act (NLRA)

Federal law safeguarding employees’ rights to collective activity, including hospital workers.

False Claims Act

Law prohibiting fraudulent billing of government programs and imposing triple damages and civil penalties.

Advanced Directives

Legal documents (e.g., living wills) specifying a competent adult’s treatment preferences if incapacitated.

Benevolent Deception

Withholding information from a patient for perceived benefit; generally conflicts with veracity.

Quality Review Process

Institutional mechanism for assessing care delivery and reducing risk of litigation.

Failure to Supervise

Legal theory holding supervising physicians liable for inadequate oversight of allied practitioners.

Risk Management

Systematic efforts by health facilities to identify, analyze, and reduce legal liabilities.