Ethical and Legal Issues in Healthcare Delivery

A comprehensive set of Question-and-Answer flashcards covering legal responsibilities, torts, contracts, ethics, euthanasia, ethics committees, and professional practice guidelines drawn from the lecture notes.

What defines legal responsibilities in healthcare?

Laws authorized or based on law that healthcare workers must follow; enforced by federal, state, or local governments, and noncompliance can lead to legal action.

What is Criminal Law in healthcare, and what are some examples?

Criminal Law focuses on crimes; examples include practicing without a license, possession of illegal drugs, misuse of narcotics, theft, sexual assault, and murder.

What is Civil Law in healthcare, and what does it usually involve?

Civil Law focuses on legal relationships and the protection of rights; in healthcare, it usually involves torts or contracts.

What is a Tort?

A wrongful act that does not involve a contract; a civil wrong that breaching the established or expected standards of care can cause, potentially leading to legal action.

What is Malpractice?

Failure of a professional to use the degree of skill and learning commonly expected in their profession, resulting in injury or damage (bad practice); e.g., not providing appropriate treatment for stroke within the window.

What is Negligence?

Failure to give care that is normally expected, resulting in injury; e.g., a patient falls because side rails were down despite being a fall risk.

What is Assault in a healthcare context?

A threat or attempt to injure a person.

What is Battery in a healthcare context?

Unlawful touching of a person without consent, such as performing a procedure after a patient has refused.

What is Informed Consent?

Permission granted voluntarily by a person who is of sound mind after risks involved have been explained; patients must give consent for any care and may refuse.

What is Invasion of Privacy?

Unnecessary exposing of an individual or revealing personal information without consent.

What is False Imprisonment?

Restraining or restricting an individual’s freedom without proper authorization or justification.

What is Abuse in healthcare?

Care that results in physical harm, pain, or mental anguish (physical, verbal, psychological, sexual).

What is Defamation?

False statements that cause a person to be ridiculed or damage their reputation; spoken = slander, written = libel.

What is an Implied Contract?

Obligations understood without verbally stating terms (e.g., nurse prepares meds and patient takes them, implying consent to treatment).

What is an Expressed Contract?

Terms clearly stated in language, orally or in writing (e.g., informed consent documented).

What conditions must be met for a contract to be valid?

Parties must be free of legal disability; must have legal capacity; interpreter/translator should be used for non-English speakers.

What is a Code of Ethics?

Codes developed by professional associations that define expected conduct and scope of practice to promote patient welfare and high-quality care.

What is the purpose of a Code of Ethics in healthcare?

To set standards of professional conduct, promote patient welfare, and ensure high-quality care; grounded in moral standards and societal expectations.

What is a guiding principle 'Preserve life' in healthcare ethics?

Prioritize saving life and, when possible, keeping the patient as comfortable as possible while preserving life.

What is the guiding principle 'Do good' in healthcare ethics?

Act in the patient’s best interest and promote welfare.

What is the guiding principle 'Respect autonomy' in healthcare ethics?

Honor patients’ rights to make their own decisions about their care.

What is the guiding principle 'Uphold justice' in healthcare ethics?

Ensure fairness and equal treatment for all patients.

What is the guiding principle 'Be honest' in healthcare ethics?

Truthfulness in communications with patients and colleagues.

What is the guiding principle 'Be discreet' in healthcare ethics?

Maintain confidentiality and protect patient privacy.

What is the guiding principle 'Keep promises' in healthcare ethics?

Honor commitments and maintain trust with patients.

What is the guiding principle 'Do no harm' in healthcare ethics?

Avoid causing harm to patients; act with safety and caution.

What is Euthanasia?

The intentional ending of a life to relieve suffering or when there is no hope for recovery; many professionals view it as contrary to ethics, but state laws govern its legality.

Should healthcare workers follow state laws regarding euthanasia?

Yes—regardless of personal beliefs, they must follow state laws.

What ethical dilemmas are commonly discussed in healthcare?

Discontinuing life support, religious rights to refuse transfusions, organ sale, cloning, and what to do with fertilized embryos when parents no longer want them.

What is an Ethics Committee?

A hospital body that examines ethical issues related to patient care, advises patients, families, and healthcare providers, and may review provider actions.

What is the purpose of an ethics committee in a hospital?

To help determine the best course of action for ethical issues, such as terminally ill patients on life support.

What is Professional Practice Guideline 1?

Use the approved methods when performing procedures.

What is Professional Practice Guideline 2?

Obtain proper authorization before performing any procedure.

What is Professional Practice Guideline 3?

Identify the patient.

What is Professional Practice Guideline 4?

Observe all safety precautions.

What is Professional Practice Guideline 5?

Think before you speak and carefully consider everything you say.

What is Professional Practice Guideline 6?

Accept no tips or personal gifts.

What is Professional Practice Guideline 7?

Immediately tell your supervisor if you make a mistake.

What is Professional Practice Guideline 8?

Act professionally in everything you say and do.