my brother

Applied Ethics

The practical application of moral standards that are meant to benefit the patient.

Ethics Committee

Can serve in an advisory capacity to all of the above.

Bioethical Principles

Principles needed when patients are unable to communicate their personal wishes include A and C.

Moral Norms in Applied Ethics

Adopted by medical professionals for the purpose of helping the patient.

Justice-based Ethics Philosopher

John Rawls believed that scarce organ donation should be handled without knowledge of personal data about the recipient.

Deontological Ethical Theory

Asserts that some actions are right or wrong regardless of the consequences.

Moral Decision-Making and Law

A person should not rely on the law for moral decision-making because all of the above.

Laws

Rules or required actions prescribed by an authority with binding legal force.

Virtue-Based Ethics

The concept of seeking the 'good life' from Aristotle.

Teleological Theory

Asserts that an action is right or wrong depending on whether it produces good or bad consequences.

Due Process

Entitlement for employees to have certain procedures followed when their rights are in jeopardy.

Medical Ethical Standards

Established and defined by professional organizations.

Principle of Nonmalfeasance

Illustrated by a surgeon determining that surgery was not needed.

Cost/Benefit Analysis Purpose

To justify the cost of a treatment compared to the benefit.

John Rawls (Rawlsian Justice) Requirements

Requires following A and B.

Comparable Worth

Extending equal pay requirements to all persons doing equal work.

Informed Consent

Patients must be informed about treatment, risks, and alternatives before consenting.

Ethics

The study of morality, ethical standards, and moral judgments.

QA Committee Issues

Reviewed issues include A and B.

Illegal Actions

Usually considered unethical.

Statutes

Laws passed by Congress or a state legislature.

Competency for Contracts

Both parties must be of sound mind and not impaired by drugs or alcohol.

Assault

Defined as B and C.

Libel Definition

Publishing false and/or malicious statements in print that injure reputation.

Expert Witness

Has knowledge about the case beyond that of the jury.

Civil Law Matters Resolution

Handled and settled outside the courtroom.

Common Law Foundation

Based on court decisions from similar trial cases.

Testifying in Court Importance

A and B.

Criminal Law Penalties

Being found guilty may result in all of the above.

Slander Exceptions

Recognized exceptions require no proof of actual harm include all of the above.

Civil Case Guilt Standard

A preponderance of the evidence means more likely than not true.

Misdemeanor Punishment

Carries fines or imprisonment for up to a year.

Fraud Definition

Dishonest act of depriving another of their rights.

Statutes Begin As

Bills submitted by legislators.

Federal Legislation Interpretation

States may interpret state-specific legislation differently.

Civil Law Coverage

Includes all of the above.

Tort Law Coverage

Civil injury or wrongful act resulting in harm.

Precedent Definition

Ruling in an early case applied to a subsequent case with the same facts.

Fraudulent Practices

Includes A and C.

Appealing a Lawsuit Result

Can occur if the case was handled unfairly and inappropriately.

Negligence Definition

Failure to act as a reasonably prudent person in a similar situation.

Malpractice Definition

Type of negligence that applies specifically to healthcare professionals.

Negligence Elements

Duty, breach of duty, causation, damages.

Duty Definition

Obligation to provide care to a patient.

Breach of Duty Definition

Occurs when a provider fails to meet the standard of care.

Causation Definition

Breach of duty directly caused the injury.

Damages Definition

Actual harm or injury suffered by the patient.

Battery Example in Healthcare

Performing a procedure without the patient’s consent.

False Imprisonment Definition

Restraining or confining a patient without legal justification.

Defamation Components

Includes libel and slander.

Slander Definition

Spoken false statements that damage a person's reputation.

Libel Definition

Written or published false statements that damage a reputation.

Invasion of Privacy

Includes sharing patient information without consent, exposing private facts, unauthorized images.

Confidentiality in Healthcare

Protecting patient information from unauthorized disclosure.

HIPAA Purpose

Designed to protect patient health information privacy.

Medical Record Classification

Considered confidential information.

Informed Consent Timing

Must be obtained before any procedure or treatment.

Implied Consent

Occurs when a patient’s actions indicate agreement.

Expressed Consent

Clearly stated either verbally or in writing.

Advance Directives Components

Include living wills, durable power of attorney, do-not-resuscitate orders.

Living Will Definition

States a patient’s wishes regarding medical treatment if unable to communicate.

Durable Power of Attorney for Healthcare

Allows another person to make healthcare decisions on behalf of the patient.

DNR Order Meaning

Do not perform CPR if the patient stops breathing or the heart stops.

Patient Autonomy Definition

The patient’s right to make their own healthcare decisions.

Beneficence Definition

Acting in the best interest of the patient.

Nonmaleficence Definition

Doing no harm.

Justice in Healthcare

Fair and equal treatment of all patients.

Fidelity Definition

Being faithful to commitments and promises.

Veracity Definition

Truthfulness.

Scope of Practice Definition

Procedures and actions legally allowed for a healthcare worker to perform.

Standard of Care Definition

Level of care a reasonably competent professional would provide.

Abandonment Definition

Healthcare provider stops care without proper notice.

Good Samaritan Laws Purpose

Protect healthcare providers who give emergency care in good faith.

Respondeat Superior Meaning

The employer is responsible for the employee’s actions.

Negligence Per Se Definition

An act that violates a statute or law.

Contributory Negligence Definition

The patient contributed to their own injury.

Comparative Negligence Definition

Fault divided between parties.

Assumption of Risk Definition

Patient knowingly accepts the risks involved.

Incident Report Definition

Report of an unusual event for internal review.

Risk Management Programs Purpose

Identify and reduce potential risks.

Contract Requirements

Offer, acceptance, and consideration.

Consideration in Contract

Something of value exchanged between parties.

Breach of Contract Definition

One party fails to fulfill the agreement.

Express Contracts Definition

Clearly stated verbally or in writing.

Implied Contracts Definition

Formed by actions or conduct.

Quasi-Contracts Definition

Court-imposed to prevent unjust enrichment.

Minor Definition in Legal Terms

Someone under the age of majority (usually 18).

Emancipated Minors Definition

Can make their own medical decisions.

Statute of Limitations Definition

Time limit to file a lawsuit.

Subpoena Definition

A court order to appear or produce documents.

Deposition Definition

Sworn out-of-court testimony used in legal proceedings.

Liability Definition

Legal responsibility for one’s actions.

Tort Reform Purpose

Reduce excessive litigation and damages.

Intentional Torts Examples

Include assault and battery.

Unintentional Torts Examples

Include negligence.

Battery Definition

Unauthorized physical contact.

Assault Definition

Threat or attempt to cause harm.

Fraud in Healthcare

Intentional deception for personal gain.

Patient Abuse Definition

Includes emotional harm, physical harm, neglect.

Neglect Definition

Failure to provide necessary care.