Chapter 3 Study Guide - Law, Ethics, and Professionalism in Health Care

Different Types of laws

1. public law

2. civil law

public law

the government versus the citizens (focuses in issues between the government and citizens)

also includes (criminal law, constitutional law, and administrative law)

criminal law

it deals with acts that are considered harmful to society as a whole

constitutional law

it interprets and applies the U.S. constitution

administrative law

 it governs the activities of the administrative agencies of the government

civil law

the private citizens versus private citizens (focuses on issues between private citizens)

(includes common law and statutory law)

common law

 it is based on the judicial decisions and precedents in a particular region

Statutory law

enacted by legislative bodies

advocacy

supporting the best interests of all patients

two types of consent

informed and implied

implied

assumed based on a person's actions, gestures, etc.

informed

when the patients must agree and understand all procedures or data that is being recorded

Confidentiality and HIPPA

• It helps protects the patients privacy and health information

  • Patients always have the right to privy

  • Privacy governs the protection of health information 

  • There are certain expectations regarding patient privacy

malpractice

• illegal, unethical, negligent, or immoral behavior

  • Results in failures of duties or responsibility

negligence

Careless or senseless behavior resulting in harm

ethical principles

1. Autonomy

2. Justice

3. Nonmaleficence (do no harm)

4. Beneficence (do good)

5. Veracity (honesty)

6. Fidelity (keep promises)

7. Confidentiality

autononmy

respecting a patients right to make their own decisions

nonmaleficence

the duty to do no harm

beneficence

act in ways that that benefit others

do good (or promote well being)

veracity

duty to tell the truth

fidelity

faithfulness and the practice of promise keeping

duty to be faithful to commitments and responsibilities

confidenitality

protecting patient information

joint commission

the mission is to improve safety and quality of care to the public

(it works to improve healthcare quality and safety through various organizations collaborating on hospital and performance improvements)

ethics committees

Multidisciplinary teams for ethical decision-making
(Required by Joint Commission for all health care institutions)

ethics decision making

A structured process for professionals to resolve conflicts affecting patient care, safety, and rights.

• Always prioritize the patient's best interest.

• Base decisions on principles, not emotions.

ethical dilemmas

Genetic testing, Stem cell research, Cloning, Physician-assisted suicide

(conflicts arising from differing beliefs)

professional codes of ethics

1. Quality of care

2. Primary commitment to patient

3. Education

4. Collegiality

5. Ethics

6. Collaboration

7. Research

8. Resource utilization

9. Confidentiality

professionalism

A set of values, behaviors, and relationships that form a foundation on which patient and colleague trust is formed
- includes Self-regulation
- Adherence to legal & ethical guidelines

competence

• Lifelong learning

• Continuing education units

• Membership in peer association or professional organization

• Humility & willingness to give & receive constructive criticism