Professional Ethics and Medical Law Study Guide

ethics

Systematic study of rightness and wrongness of human conduct and character as known by natural reason

laws

Regulations established by a government applicable to people within a certain political subdivision

morals

Accepted customs of right living and conduct and an individuals practice in relation to these customs

Challenge of ethical decision making is that even with ethical principles the morals of different people vary

standards of professional conduct

practice of behaviors defined by members of a profession

autonomy

right to make own decisions

fidelity

faithfulness

veracity

telling the truth

nonmaleficence

refraining from doing harm

justice

Way of establishing a process for most equitable distribution of a limited resource

Describe the modified six step ethical decision making process

1.Gather facts

2.Determine the stakeholders and interests

3.Apply six basic ethical principles

4.Consider laws and possible actions

5.Choose an action and act

6.Evaluate

standard of care

Degree of skill, knowledge, and care ordinarily possessed and employed by members in good standing within the profession

tort

Patient's claim that he/she has be wronged or has suffered some injury, other than a breach of contract, for which he or she believes that cause exists for an action for damages

Assault

Battery

False imprisonment

Defamation

Fraud

assault

Patient believes that he/she has been threatened in such a way that reason to fear or to expect immediate bodily harm exists

battery

Unlawful touching of another that is without justification or excuse

false imprisonment

Person is restrained or believes that he/she is being restrained against his/her will

defamation of character

Holding up a person to ridicule, scorn, or contempt in a respectable and considerable part of the community

slander

spoken word

libel

written or published comments or pictures

fraud

Willful and intentional misrepresentation of facts that may cause harm to an individual or result in loss of an individual right or property

negligence

A failure to use such care as a reasonably prudent person would use under like or similar circumstances

res ipsa loquitur

"The thing speaks for itself"

Theory of liability

Describes how a patient is injured through no fault of his/her own while in complete control of another

Burden of proof lies with the defendant

respondeat superior

The master speaks for the servant"

Theory of liability

Physician or health care facility is responsible for the negligent acts of its employees

What four things must a plaintiff prove in order to find a radiographer guilty of

negligence?

1.A duty to the patient by the health care practitioner (standard of care)

2.Breach of this duty by an act or by failing to perform some act (deviation from the standard of care)

3.A compensable injury

4.A causal relationship between the injury and the breach of duty