FMIS 102 "Ethics" Chapter 1 and 2

Sources of Law

Constitutional (Bill of rights), Statutory, Administrative, Common

Administrative Law

laws made by government agencies (FBI)(EPA)(Dept. of Health)

pretrial discovery process (3 requisites)

1)Admissions of fact

2)Interrogatories

3)Request for production of Documents

Meaning of in rem jurisdiction

When the court has jurisdiction over property or thing itself (material)

Meaning of in personam jurisdiction

Court's jurisdiction over a person (or entity)

Who is the plaintiff?

The Person that brings the court to case

Who is the defendant?

person being sued

What is a tort?

a wrongful act that result in injury to another's person property or reputation and for which the injured party is entitled to compensation

What is a writ of certiorari?

orders a lower court to deliver its record in a case so that the higher court may review it.

Meaning of Res ipsa loquitur?

the thing speaks for itself

What is ethics?

the branch of philosophy that deals with issues of right and wrong in human affairs, morality and values that influence human behaviour

Beneficence

Doing good or causing good to be done; kindly action. (Why people decide to work in Healthcare)

Nonmalefiecence

do no harm

What is code of ethics

philosophical ideals of right and wrong that define principles used to provide care (A patient is the most important person)

Morals are:

⬤goodness or badness, right or wrong of specific actions

Values are:

⬤what an individual person believes to be right or wrong. These are principles that individuals choose to live by.

Integrity is:

honesty and truthfulness of one's actions in relation to personal values and moral principles

Ethical Theories

1) Teleology

2)Deontology

3)Right-based ethics

4}Justice-based

5)Virtue based

Teleology

Theory based on the greatest good for the greatest number, also known as cost benefit analysis

Deontology

(Duty) focuses on performing one's duty to a group

Rights-based ethics

based on the theory of the rights of each indiviidual

Justice-based ethics

based on all individuals having equal rights "Justice is Blind"

Virtue-based Ethics

⬤Emphasis on character traits and qualities of individuals

⮚Honesty, integrity, industriousness

⬤Focus on individual striving for a better life

Ethical Decision-Making models (3)

⮚The Seven Step Decision Making Model

⮚Dr. Bernard Lo Clinical Model

⮚Blanchard-Peale Model

The Seven-Step Decision-Making Model

⬤Determine facts and assess possible options. Uses 7 steps

Dr. Bernard Lo Clinical Model

⬤Considers the needs of both patient and provider

⮚Gather information

•On issues and things that may complicate the case

⮚Clarify ethical issue

•What are the ramifications of the courses of care?

⮚Resolve the dilemma

•If the patient is mentally competent, involve the patient in the process

Blanchard-Peale Model

⬤Answering the following three questions will help determine if a decision is ethical

⮚Is it legal?

⮚Is it fair and balanced?

⮚How does it make me feel?

Risk Management and Quality Assurance

⬤Evaluate and prevent situations that may cause ethical or legal issues

⬤Evaluate patient satisfaction, complaints, treatment outcomes

⬤Recommend improvements

Accreditation

⬤Recognition of compliance with industry standards

⬤Voluntary

⬤Generally performed by external body

⬤The Joint Commission (TJC)