Foundations of Respiratory Care - Ethical and Legal Implications: Vocabulary Flashcards

A set of vocabulary flashcards covering key ethical and legal concepts encountered in the respiratory care lecture notes.

Double effect formalism

An ethical principle: an action with both good and bad effects may be permissible if the good effect is intended and the bad effect is a foreseen but unintended side effect.

Informed consent

The process by which a patient is educated about risks, benefits, and alternatives so they can voluntarily decide whether to undergo a procedure.

Intuitionism

An ethical view that relies on self-evident truths or intuitions; decisions are based on gut feelings rather than formal reasoning.

Autonomy

Respecting a patient’s right to make their own decisions about treatment, including giving or withholding consent.

Beneficence

The obligation to act in the patient’s best interests and actively promote their well-being.

Nonmaleficence

The obligation to avoid causing harm to patients.

Veracity

Truthfulness; being honest with patients and others, including about medical information and decisions.

Confidentiality

The obligation to protect patient information from disclosure, balanced by legal and ethical exceptions.

Justice (distributive/compensatory)

Fair distribution of care (distributive justice) and recovery of damages when harm occurs (compensatory justice).

Libel

Written defamation that harms a person’s reputation.

Slander

Verbal defamation that harms a person’s reputation.

Living will

A written document outlining a patient’s healthcare preferences for end-of-life care.

Durable power of attorney for healthcare

A legal document identifying someone to make healthcare decisions on behalf of the patient if they become unable.

Malpractice

Professional negligence; failure to perform duties to the standard of care expected in the profession.

Negligence

Failure to exercise the level of care that a reasonably prudent professional would; can cause injury.

Res ipsa loquitur

The doctrine that the nature of the injury implies negligence when the cause is within the defendant’s control and not due to the patient.

Strict liability

Liability without proof of fault, typically in cases involving dangerous products or activities; may apply in rare medical contexts.

Tort

A civil wrong (not arising from a contract) that leads to damages; includes negligence and intentional acts.

Plaintiff

The person who brings a civil lawsuit against another party.

Qui tam

A provision of the False Claims Act allowing a whistleblower to sue on behalf of the government and share in any recovered funds.

Respondeat superior

Employer (e.g., hospital) is liable for the actions of an employee or agent when those actions occur within the scope of employment.

HIPAA

Health Insurance Portability and Accountability Act; protects the privacy and confidentiality of patient health information.

PPACA (Affordable Care Act)

Patient Protection and Affordable Care Act; healthcare reform enacted in 2010 affecting access, payment, and quality initiatives.

Daubert standard

Legal standard for the admissibility of expert testimony in federal courts, requiring scientific validity and relevance.

Statute of limitations

The legally prescribed time period within which a lawsuit must be filed.

Damages (economic, noneconomic, punitive)

Types of legal compensation: economic (financial loss), noneconomic (pain, suffering), and punitive (punishing wrongdoing).

Assault

Intentional act that creates an apprehension of imminent harmful contact.

Battery

Unconsented and unlawful physical contact; often requires informed consent in medical procedures.

False Claims Act (FCA)

A law enabling whistleblowers to sue for fraud against the government and, if successful, share in recovered funds.