Ethical Concepts

Flashcards covering core ethics principles, HIPAA/PHI basics, and malpractice concepts from the lecture notes.

Beneficence is the obligation to help the patient by removing harm, preventing harm, and __.

promote good

Nonmaleficence

The obligation to avoid harm; protecting a patient from harm.

Utilitarianism

An ethical approach that aims to benefit the majority; outcome matters and resources may be allocated for the greatest good.

Justice

The fair and unbiased distribution of societal resources; acting without bias.

Dignity

The quality of being worthy of ethical and respectful treatment; influenced by beliefs and culture.

Fidelity

The obligation to maintain trust and loyalty to patients; keeping promises.

Confidentiality

The obligation to protect patient identity and health information (PHI) and comply with HIPAA.

Autonomy

The right of mentally competent adults to make their own health decisions; surrogates respected if incapacitated.

Accountability

Healthcare providers are responsible for their own choices and actions.

Paternalism

Interfering with or overruled the autonomy of another, often minimizing the patient’s input.

Veracity

The obligation to present information honestly and truthfully to enable informed decisions.

ANA Code of Ethics

The nonnegotiable ethical standard for nurses; guides ethical analysis and decision-making.

Provision 4.4 (Nursing delegation)

Nurses may not delegate assessment and evaluation; may delegate certain interventions per state acts.

Ombudsman

An intermediary between the patient and an organization who investigates and mediates complaints.

Guardian Ad Litem

A court-appointed individual who acts in the best interest of a ward (often a child or vulnerable adult).

Living Will

Document with patient’s preferences regarding healthcare if seriously ill or dying, especially life-sustaining measures.

Healthcare Power of Attorney (Healthcare Proxy)

Person designated to make future healthcare decisions when the patient is incapacitated; requires two adult witnesses.

Power of Attorney (Durable Power of Attorney)

Agent authorized to make decisions for an incapacitated patient; broader than healthcare decisions; requires signing and notarization.

HIPAA

Health Insurance Portability and Accountability Act; protects the use and disclosure of PHI by covered entities.

Protected Health Information (PHI)

Individually identifiable health information in any format protected by HIPAA.

Third-Party Administrator (TPA)

An organization that processes claims and administrative work for a health insurer or plan.

When patient consent is not required under HIPAA

Permitted in certain situations such as payer inquiries, certain healthcare operations, or when legally permissible.

Psychotherapy records and HIPAA

Psychotherapy records are treated separately and require separate consent; exceptions include abuse reporting and duty to warn.

Minors and medical records

Parental access to a minor’s records is allowed; emancipated minors may sign for themselves.

Malpractice Insurance: Claims-based

Covers claims only if the incident occurred while insured and while still with the same insurer; tail coverage may be needed when changing jobs.

Malpractice Insurance: Occurrence-based

Covers claims for incidents that occurred during the policy period, regardless of when filed.

Tail coverage

Additional coverage for claims filed after retirement or job change under a claims-based policy.

Elements of a medical malpractice case

Duty owed, breach of that duty, proximate cause, and damages.

Phases of a medical malpractice trial

Filing the lawsuit, discovery, burden of proof, trial/arbitration, judgment, and damages or dismissal.

Expert Witnesses in malpractice cases

Experts should practice in the same specialty and geographic area as the defendant for credibility.