Ethical and legal issues

principles

sources, or guides, for values, rules, duties, and rights

the source of the guidelines for behavior

values

qualities that are considered good or priorities that are thought to be important and desirable

rules

specific guidelines for what should (or should not) be done and must be followed at all times

ideals

Goals to which we aspire

duties

behaviors that are defined by our professional or social role

virtues

morally and socially desirable characteristics

rights

justified claims that individuals or groups can make on others or on society

consequence based utilitarianism

promotion of happiness; actions that maximize and promote the greatest amount of happiness over pain are 'right'/acceptable

ethical dilemma solved by looking at the consequences of doing/not doing an action

Virtue Ethics

focuses on those character traits or virtues a good person should have

Principle-based ethics

emphasizes the role of moral reasoning and analysis in ethical decision-making

ethic of care

maintenance and enhancement of caring while conserving the traditional values of other ethical theories. Care ethics is focused on the humanistic virtues, those characteristics that are valued in interactive, intimate relationships.

beneficence

Doing good or causing good to be done; kindly action

preventing harm from coming to the patient

fidelity

faithfulness; loyalty

requires the provider not to withdraw from a patient's care without notice to the patient, to submerge her own self-interests if they are in conflict with the patient's interests, and to put the patient's healthcare interests first.

Nonmaleficence

do no harm

avoiding putting the patient at risk

autonomy

recognition of the intrinsic value of each individual, that person's capacities, and her point of view

information elements to informed consent

amount and accuracy of the information provided to the patient and the patient's understanding of the information

consent elements to informed consent

voluntariness - absence of control by others

authorization - an active agreement not reached by yielding to or complying with a suggestion by a provider

Federal Privacy Act of 1974

Regulates what personal information the Federal government can collect about private individuals

The Rehabilitation Act of 1973 and the Civil Rights statutes dating from the 1960s

prohibit the infringement of a person's rights by private entities involved in employment, housing, or public accommodations on the basis of race or sex, for example

Americans with Disabilities Act of 1990

A law that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.

Adds disabilities to those characteristics covered by the Civil Rights statutes, and extends the Rehabilitation Act to cover private businesses. Employers are prohibited from taking genetic information into account in making job offers.

The Health Insurance Portability and Accountability Act (HIPAA) of 1996

prohibits group health plans from denying individuals coverage on the basis of genetic information, and from using such information to justify charging such persons higher premiums.

also includes requirements for electronic healthcare transactions for administrative simplification and standardization of protections for the privacy of individually identifiable health information.