HOSA - Medical Ethics

advance directives

legal documents that allow individuals to state what medical treatment they want or do not want in the event that they become incapacitated and are unable to express their wishes regarding medical care

civil law

A law that governs relationships between individuals and defines their legal rights.

informed consent

permission granted voluntarily by a person who is of sound mind and aware of all factors involved

Law

societal rules or regulations that are adviseable or obligatory to observe (mandatory, face civil or criminal liability).

Bioethics

the ethical implications of biomedical technology and its practices; life & death issues; local, organizational, personal, worldwide implications

Medical Ethics

"applied ethics;" the practical application of moral standards that concern benefiting the patient.

The Primary Duty

to protect our patients from harm

Medical Malpractice Acts

in all 50 states; define how medicine is practiced in a particular state.

Medical ethics 2

mandates that the welfare and confidentiality of the individual patients must be the chief concern

Malpractice

The failure if a professional to use the degree of skill and learning commonly expected in that individuals profession

Result of Malpractice

Injury, loss or damage to the person receiving care

Result of negligence

Injury to another person

Battery

Unlawful touching of another person without consent

Informed consent

Permission granted voluntarily by a person who is of sound mine after the procedure and all risks involved have been explained

Invasion of privacy

Unnecessarily exposing or revealing personal information without the persons consent

False imprisonment

Restraining an individual or restricting an individuals freedom

Abuse

Results in physical harm, pain, or mental anguish

Examples of abuse

Physical, verbal, psychological, sexual

Defamation

False statements either cause a person to be ridiculed or damage the persons reputation

Slander

When defamation occurs and the information is spoken

Libel

When defamation occurs and the information is written

Contract

An agreement between two or more parties

Part of contracts

Offer, acceptance, consideration

Implied contracts

Obligations that are understood without verbally expressed terms

Expressed contracts

Stated in distinct and clear language either orally or in writing

Legal disability

When someone doesn't have the legal capacity to form a contract.

Agent

When a person works under the direction or control of another person the person working under the employer

Privileged communications

All information given to health care personnel by a patient

Patients rights

The factors of care that patients can expect to retrieve

Patients bill of rights

Recognized by many health care facilities

Living wills

Documents that allow individuals to state what measures should or should not be taken to prolong life when death is expected

POA

Designation if health care surrogate / durable power of attorney

PSDA

Patient self-determination act

Patient self-determination act

Mandates all health care facilities receiving any type of federal aid comply with requirements.

Health Service Delivery

Transplantation and Anatomy Act 1979

Health Rights Commission Act 1991

Anti-Discrimination Act 1991

Workplace Health and Safety Act 1995

Information Privacy Act2009

Child Protection Act 1999

Civil Liability Act 2003

Powers of Attorney Act 1998

Guardianship and Administration Act 2000

Civil Law Remedies

Financial compensation (damages)

Injunction (order to stop doing something)

Specific performance (order to do something).

Reportable Deaths

(a) it is not known who the person is;

(b) the death was a violent or otherwise unnatural death;

(c) the death happened in suspicious circumstances;

(d) the death was not reasonably expected to be the outcome of a health procedure;

(e) the cause of death certificate has not been issued;

(f) the death was in care;

(g) the death was in custody;

(h) the person had not consulted a doctor within 3 months before the person's death.

Coronial Comments (Recommendations)

public health or safety; or

the administration of justice; or

ways to prevent deaths from happening in similar

circumstances in the future.

Passive Euthanasia

-Withdrawal of life-sustaining treatment allowing patient to die from natural causes.

-Withdrawal of treatment allowing patient to die of natural causes (PASSIVE)

-In response to a medical decision made in the best interests of the patient and in accordance with good medical practice (NON-VOLUNTARY)

Active Voluntary Euthanasia

•Actively assisting a person to die (ACTIVE)

•In response to a request, and with consent of the person (VOLUNTARY)

Unlawful in Australia

•amounts to aiding in suicide

•would also amount to murder

•consent to death immaterial

Criminal Code 1899 (Qld),

Assisted Suicide

Any person who—

(a) procures another to kill himself or herself; or

(b) counsels another to kill himself or herself and thereby induces the other person to do so; or

(c) aids another in killing himself or herself;

is guilty of a crime, and is liable to imprisonment for life.

Patient's Decision - Common Law Refusal

If an adult has the capacity to make a decision to refuse the commencement of life-sustaining medical treatment if it is required, or to have life sustaining treatment withdrawn, the law is clear.

A competent adult may refuse treatment even if that decision results in the adult's death.

Advance Health Directive

A direction in an advance health directive will only operate if:

•the person has impaired capacity (at the time the treatment is required);

Powers of Attorney Act 1998, s36(1)(a).

•the person has no reasonable prospect of regaining capacity for health matters; and

Powers of Attorney Act 1998, s36(2)(c).

•the person's medical condition falls within one of four categories.

i)the adult has a terminal illness

(ii) the adult is in a persistent vegetative state,

(iii) the adult is permanently unconscious

(iv) the adult has an illness or injury of such severity that there is no reasonable prospect that the adult will recover

Powers of Attorney Act 1998, s36(2)(a)(1)-(iv).

Organ Donation and Transplantation

Common Law Position

-Body parts cannot be removed from living person unless it is for therapeutic purposes

-Criminal offence of maiming

-Consent is irrelevant

Features of Criminal Law

•Parties to a criminal matter

•Initiation of the action

•Elements of a crime

•Standard of proof

•Presumption of innocence

•Liability rests with the accused

Elements of Negligence

1.The existence of a duty of care;

2.A breach of the standard of care;

3.Damage suffered which was reasonably foreseeable; and

4.The breach caused, or materially contributed to the damage (causation).