Ethics Terminology (copy)

Abandonment

discontinuation of a patient/provider relationship once it has been established

Abuse

any care or relationship that harms, pains, or causes mental anguish to another

Accreditation

a nongovernmental process for ensuring that a predetermined set of standards has been met; used to assure the public that the graduates of a particular program are prepared to practice

Allegation

an assertion, claim, or statement of an individual in a legal proceeding

Amoral

to be without morals; that which is indifferent to morality

Assault

threatening to harm an individual; a type of tort or civil wrong

Assent

permission granted by a minor or another person who is unable to give consent

Autonomous

independent and selfdetermining

Autonomy

the principle of selfdetermination in a person; the right to participate in and decide on a course of action without undue influence; provides the foundation for a right to privacy and the ability to choose

Battery

the commission of bodily harm against another person

Beneficence

the principle of promoting good or well-being

Breach of Confidentiality

unauthorized release of confidential data, either spoken or written

Breach of Contract

the act of breaking a contract, agreement, promise, or legal duty by failing to perform a promised or required act

Case Law

common law; law determined by court judgments, not by legislation

Character

collectively, the qualities that define a person or group of persons; a person's moral nature

Civil Action

legal action taken to protect the private rights of individuals

Civil Law

legal matters other than criminal ones; includes torts and contractual agreements

Civil Rights

the rights granted residents of the United States by the Constitution and legislative acts passed after the Civil War; freedom of speed, the right to vote, and freedom from discrimination

Code of Ethics

a set of rules or guidelines that address the ethical standards of a professional group

Competency

having the knowledge, skill, and ability to perform a prescribed set of tasks or duties independently and with confidence

Confidentiality

that which is entrusted or held in secret; the precept by which information shared by a patient during the course of receiving health care is kept in confidence by the health care provider

Consent

patient's agreement to treatment; may be written, oral, or implied. A patient or guardian gives consent for a minor

Consequentialism

the theory that the rightness or wrongness of actions determined by consequences; also called teleology

Contributory Negligence

an action or lack of action that contributes to the harm or injury of an individual and negatively affects his or her health status

Criminal Action

a legal action taken in a court of law to protect society

Criminal Law

a body of laws established for the purpose of preventing harm to society; describes what conduct is criminal and prescribes the punishment for criminal conduct; may be codified into criminal or penal codes

Defamation

the act of maliciously making a false statement that injures another's reputation; termed libel if a written statement; slander if an oral statement

Defendant

a person being sued in a civil case or charged with a crime

Dental Record

a written comprehensive, ongoing file of assessment findings, treatment rendered, notations, and contacts with the dental patient

Deposition

a discovery method, out of court, in which information is given under oath of testimony of a party or witness and recorded by a court reporter; can be subject to cross-examination

Discovery

the process by which or period during which each party involved in a lawsuit obtains information concerning the facts of the lawsuit; includes depositions, interrogations, and record copying

Discrimination

the act of treating persons differently based on factors they cannot control, such as age, handicapping conditions, race, or gender

Distributive Justice

the just allocation and distribution of resources for the good of society

Due Process

the right of fair application of laws or regulations for each person; a process established to ensure fairness and equity

Duty

action or conduct based on moral or legal obligation

Emancipated Minor

an individual younger than 18 years who is independent of a parent; laws can vary from state to state

Employment

a situation in which an individual works for payment

Equal Employment Opportunity Commission

the federal agency that investigates claims of employment discrimination and sexual harassment

Ethical Analysis

the process by which ethical decisions are made using a structured format

Ethical Dilemma

a situation in which two or more ethical principles are in conflict

Ethical Theory

a systematic examination of morals involving critical reflection and analysis about what is right and wrong

Ethics

the inquiry into the nature of morality or moral acts; values by which human beings live in relation to other human beings, nature, a higher power, and/or themselves

Federal Laws

laws enacted and upheld by the U.S. government

Felony

serious crime, with stricter penalties than a misdemeanor or petty crime

Fidelity

faithful to promises and obligations; a core value or ethical principle found in a code of ethics; closely related to veracity, trust, and confidentiality

Fiduciary Relationship

a relationship based on responsibility between the patient and the health care provider

Fraud

deliberate misrepresentation of facts or information

Harassment

the act of annoying or threatening a person by word or deed

Hippocratic Oath

an oath, written by a physician in the fourth century, that is the foundation for most ethical codes in health care

Impaired Professional

an individual who has undergone professional training but who is no longer able to function in a professional capacity because of illness or substance abuse

Implied

not specifically stated or written but capable of being inferred by action(s)

Incident Reporting

a written report that details the aspects of an accident or unusual situation

Incompetent

not mentally able; one who lacks skills or abilities

Informed Consent

the act of providing information to and ensuring the understanding of a patient regarding treatment risks, treatment options, and the nature of the disease or problem

Injury

any wrong or damage done to another person, his or her rights, reputation, or property

Injury Causation

the required link between a patient's injury and a dental hygienist's breach of duty (i.e., the patient's injury must be caused by the dental hygienist's breach of duty)

Intentional Tort

a civil wrong that occurs when an individual intends the results of an action

Judgment

final decision by the court

Jurisprudence

science or philosophy of law

Justice

the principle that deals with fairness and the allocation of what people earn or deserve

Liability

responsibility for the course of action

Licensure

a process regulated by a governmental agency in which individuals are authorized to perform certain functions

Litigation

lawsuit

Malpractice

Professional services, such as performed by a dentist or dental hygienist, done without reasonable care or skill or in violation of ethics

Moral Dilemma

a situation in which obligations and responsibilities are in conflict

Moral Distress

frustration from perceived powerlessness when what is happening appears to be wrong and the person is unable to act ethically

Morality

that which is right and good; the quality of an action with regard to right and wrong

Moral Principle

a mode of choosing that which is universal

Moral Reasoning

the formulation of a morally ideal course of action; the process of judging what one ought to do in a specific situation

Moral Sensitivity

the process of interpreting a situation from a moral perspective; involves making inferences about thoughts, feelings, and perceptions of others; understanding

Moral Uncertainty

a state of questioning whether a moral obligation exists and/or the scope of that obligation

Moral Weakness

a state in which moral responsibilities and personal inclinations are in conflict

Negligence

a lack of reasonable and prudent care resulting in harm

Nonconsequentialism

theory where an action is right when it conforms to a duty or rule; also called deontological ethics or Kantian ethics

Nonmaleficence

the principle that states the duty to avoid harming the patient, summarized in the phrase "do no harm"

Oath

a solemn promise to do something or to follow some guideline(s)

Obligation

a duty to conform to a rule or custom

Paternalism

an act or action based on doing good for a patient, in the manner that a father would, but that is done without the patient's full knowledge; an approach that limits a patient's autonomy

Peer Review

the process of allowing professional colleagues to critically examine treatment provided in a dental or dental hygiene case and render an opinion on the appropriateness of that treatment

Plaintiff

injured person or guardian in a lawsuit; the party who initiates or files a lawsuit

Prima Facie Duty

considering only one single moral principle, the first principle to act on over another equally compelling principle; the duty that may be primary

Primum Non Nocere

a Latin term meaning "first, do no harm"

Professional Autonomy

the concept that a professional who provides care for a patient, thereby establishing a provider-patient relationship, is not obligated to provide that care if it would involve performing unethical services

Professional Code

the written standards that detail the responsibilities of a particular group

Professionalism

the quality of performing with the skill, knowledge, and abilities of a professional person; the possession of specialized knowledge and skill in a field of human endeavor

Professional Traits

characteristics desirable in a health care profession

Quality Assessment

a process used systematically and continuously to assess the quality of the patient care delivery system for the purpose of improvement

Quality Improvement

system to collect information that will lead to the improvement of procedures, processes, and outcomes

Quid Pro Quo

a Latin term meaning "something for something"

Regulation

a rule or restriction

Relativism

the theory that truth is not absolute but is relative to circumstances, individual beliefs, cultural background, or other factors

Res Ipsa Loquitur

Latin for "the deed speaks for itself"; the cause

Respondeat Superior

Latin for "the master answers"; responsibility for the employer for the actions of the employees

Risk Factors

listing of structures, procedures, or processes that could lead to undesired outcomes

Sanction

a penalty attached to a law to gain compliance

Scope of Practice

the broad range of duties legally defined for a particular health care provider

Sexual Harassment

a form of discrimination; involves unwelcome talk or touching or other actions regarding a sexual activity

Standard

a quality or specific level of performance

Standard of Care

the level and quality of care expected of a reasonable and prudent practitioner

Statute

law