Ethical and Legal Implications of Respiratory Care Practice

Flashcards covering the ethical principles, legal foundations, and professional standards for Respiratory Therapists according to Chapter $$5$$ lecture notes.

Ethics

Primarily concerned with the question, "How should we act?" and represents a commitment to the principle, "Respect humanity in persons."

Managed care

A system that uses "restrictive gate keeping" requiring patients to get approval from a third party payer before hospitalization and procedures.

Code of ethics

An essential part of any profession claiming to be self-regulating, such as the $AARC$ Statement of Ethics and Professional Conduct.

Autonomy

The principle acknowledging a patient's personal liberty and right to decide their own course of treatment, forming the basis for "informed consent."

Veracity

The principle of truthfulness that binds health care providers and patients.

Benevolent deception

The act of withholding the truth from a patient supposedly for his or her own good.

Nonmaleficence

The principle obligating health care providers to avoid harming patients and to actively prevent harm when possible.

Double effect

A situation where a treatment has serious side effects, but the harmful event is viewed as unintended if the first intent was good.

Beneficence

A requirement for health care workers to contribute to the health and well-being of their patients and do what is best for them.

Living Will

A type of advance directive where a patient specifies their own wishes regarding care.

Durable POA

A type of advance directive where a patient assigns someone else to make decisions for them.

Confidentiality

Requires health care workers to respect a patient's right to privacy, continuing even after the patient has died.

Justice

Involves the fair distribution of care and finding a balance between health care expenses and the ability to pay.

Distributive justice

A form of justice called for by the rationing of health care services.

Compensatory justice

Calls for the recovery of damages incurred from medical malpractice.

Role duty

The practitioner's duty to understand the limits of their role and practice with fidelity, such as Respiratory Therapists not delivering a prognosis that is the doctor's role to provide.

Formalism

An ethical viewpoint where right and wrong are judged based on specific rules and principles.

Consequentialism

An ethical viewpoint where an act is judged right or wrong based on its outcomes, often using the principle of utility.

Rule utilitarianism approach

A variation of consequentialism concerned with which "rule" promotes the greatest good rather than which specific "act."

Virtue ethics

An approach founded on personal attributes of character or virtue, asking what a "good practitioner" would do.

Intuitionism

The ethical viewpoint that there are self-evident truths based on moral maxims such as "Treat others fairly."

Public law

Deals with the relationship between private parties and the government, consisting of criminal law and administrative law.

Criminal law

Deals with acts against the welfare or safety of the public, punishable by fines or imprisonment.

Administrative law

Consists of regulations set by government agencies that $RTs$ are obligated to follow.

Civil law

Protects citizens from unfair advantage and is concerned with enforcing the rights and duties of private individuals and organizations.

Tort Law

A civil wrong that provides a compensatory remedy for personal injury instead of allowing individuals to seek vengeance.

Negligent tort

The failure to perform one’s professional duties competently.

Intentional tort

A willful act that violates another's interest.

Economic damages

Damages awarded specifically for economic loss.

Noneconomic damages

Damages awarded for pain, suffering, disability, disfigurement, and loss of enjoyment of life.

Punitive damages

Damages awarded to punish wrongful conduct and deter future unlawful conduct.

Respondeat superior

Meaning "Let the master answer," the legal theory that an employer is liable for the actions of their employees.

Health Insurance Portability and Accountability Act (HIPAA)

A Congressional act from $1996$ establishing standards for the privacy of individually identifiable health information.

False Claims Act

Forbids making false claims against the government and allows for penalties like repayment of up to $3$ times the original amount.

Patient Self-Determination Act

A $1991$ act requiring hospitals receiving Medicaid or Medicare funds to determine if patients have or want advance directives.