Studied by 10 people
abuse
...any care that results in physical harm, pain, or mental anguish
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
agent
...in contract law this person is working under the employer in this role
assault and battery
...threat or attempt to injure or the unlawful touching of another person without consent
civil law
A law that governs relationships between individuals and defines their legal rights.
confidentiality
information about the patient must remain private and can be shared only with other members of the patient's health care team
contract
...an agreement between two or more parties
criminal law
...deals with the wrongs against a persons property example: practicing without a license
defamation
...occurs when false statements either cause a person to be ridiculed or damage there person's reputation
designation of health care surrogate
...to appoint another person to make any decisions regarding health care if the principal should become unable to make decisions
Durable Power of Attorney
...Document that appoints another person to make any decisions regarding health care if the principal should become unable to make decisions
ethics
a set of principles relating to what is morally right or wrong
expressed contracts
...stated in distinct and clear language, either orally or in writing ex. surgical permit
false imprisonment
...restraining or restricting an individual's freedom
health care records
...privilege communications that contain information about the care provided to the patient
implied contracts
...obligations that are understood without verbally expressed terms
informed consent
permission granted voluntarily by a person who is of sound mind and aware of all factors involved
invasion of privacy
...includes unnecessarily exposing an individual or revealing personal information about and individual without that person's consent
legal
...based on law
legal disability
...a person who does not have legal capacity to form a contract
libel
...written defamation
living wills
...documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal
malpractice
...professional negligence
negligence
...failure to give care that is normally expected of a person in a particular position, resulting in injury to another person
Patient self determination act
...federal law that ensures patients are informed of their rights
Patients' Bill of Rights
...List of patient rights honored by hospitals
patients' rights
...the factors of care that patients can expect to receive
privileged communications
...comprise all information given to health care personnel by a patient
Resident's Bill of Rights
...List of resident rights honored by long term care facilities
slander
...spoken defamation
tort
...wrongful act that does not involve a contract
Law
societal rules or regulations that are adviseable or obligatory to observe (mandatory, face civil or criminal liability).
Ethics
moral standards and a code for behavior that govern an individual's interactions with others and within society.
Bioethics
the ethical implications of biomedical technology and its practices; life & death issues; local, organizational, personal, worldwide implications
Morality
what is believed to be right and wrong.
Medical Ethics
"applied ethics;" the practical application of moral standards that concern benefiting the patient.
Difference between 'morality' & 'ethics'
"Morality is what people do in fact believe to be right and good, while ethics is the critical reflection about morality and the rational analysis of it."- Fletcher
What shapes the US
Law; the US is a litigous society
Conflict
Sometimes law, ethics & bioethics conflict
The ultimate goal
to understand complex health care public policy from all sides of an issue.
The Primary Duty
to protect our patients from harm
The conection between law and ethics
generally, if something is illegal, it's unethical, but if it's unethical, it may still be legal.
preventive medicine
ordering unnecessary tests & procedures, or avoiding to order risky tests & procedures in order to cover all the legal bases and avoid a lawsuit
problems with the law 1
the law allows many morally offensive actions
problems with the law 2
not all laws are are enforced
problems with the law 3
the law does not cover every situation a person may encounter
difference between 'law' and 'morality'
law= requirements are negative
morality= standards are positive
eg: morality says help the drowning man, the law does not require you to help, simple to not drown him yourself.
Medical Malpractice Acts
in all 50 states; define how medicine is practiced in a particular state.
items of unprofessional conduct 1
practicing without a liscense
items of unprofessional conduct 2
impaired ability to practice due to addiction or mental illness
items of unprofessional conduct 3
conviction of a felony
items of unprofessional conduct 4
insufficient record keeping
items of unprofessional conduct 5
allowing an unlicensed person to practice medicine
items of unprofessional conduct 6
physical abuse of patients
items of unprofessional conduct 7
prescribing drugs in excessive amounts
Medical ethics 2
mandates that the welfare and confidentiality of the individual patients must be the chief concern
Philosophies of ethics
Utilitariansim
Rights-Based Ethics
Duty-Based Ethics
Virtue-Based Ethics
Theories of ethics
teleological theory
deontological theory
utilitarianism definition
'the good of the many...;' cost/benefit analysis
utilitarianism advantages
encourages efficiency and productivity by looking at the impact on all involved; get the most value for the least cost
Legal Responsibilities
Responsibilities that are authorized or based on law
Types of laws affecting health care
Criminal, civil law
Tort
A wrongful act that doesn't involve a contract
Malpractice
Bad practice, professional negligence
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
Negligence
Failure to give care that is normally expected of a person in a particular position
Result of negligence
Injury to another person
Assault
A threat or attempt to injury
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 is called:
Principal
When a person works under the direction or control of another person the employer is called:
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
Advance directives
Legal documents that allow individuals to state what medical treatment they want to or do not want in the even they become incapacitated and are unable to express their wishes regarding medical care
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
Designation of health care surrogate / durable power of attorney
A document that permits an insignias to appoint another person to make any decisions regarding health care if the principal is unable to
PSDA
Patient self-determination act
Patient self-determination act
Mandates all health care facilities receiving any type of federal aid comply with requirements.
