HOSA Medical Law and Ethics

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Law

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418 Terms

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abuse

...any care that results in physical harm, pain, or mental anguish

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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

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agent

...in contract law this person is working under the employer in this role

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assault and battery

...threat or attempt to injure or the unlawful touching of another person without consent

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civil law

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

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confidentiality

information about the patient must remain private and can be shared only with other members of the patient's health care team

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contract

...an agreement between two or more parties

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criminal law

...deals with the wrongs against a persons property example: practicing without a license

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defamation

...occurs when false statements either cause a person to be ridiculed or damage there person's reputation

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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

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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

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ethics

a set of principles relating to what is morally right or wrong

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expressed contracts

...stated in distinct and clear language, either orally or in writing ex. surgical permit

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false imprisonment

...restraining or restricting an individual's freedom

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health care records

...privilege communications that contain information about the care provided to the patient

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implied contracts

...obligations that are understood without verbally expressed terms

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informed consent

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

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invasion of privacy

...includes unnecessarily exposing an individual or revealing personal information about and individual without that person's consent

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legal

...based on law

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legal disability

...a person who does not have legal capacity to form a contract

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libel

...written defamation

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living wills

...documents that allow individuals to state what measures should or should not be taken to prolong life when their conditions are terminal

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malpractice

...professional negligence

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negligence

...failure to give care that is normally expected of a person in a particular position, resulting in injury to another person

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Patient self determination act

...federal law that ensures patients are informed of their rights

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Patients' Bill of Rights

...List of patient rights honored by hospitals

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patients' rights

...the factors of care that patients can expect to receive

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privileged communications

...comprise all information given to health care personnel by a patient

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Resident's Bill of Rights

...List of resident rights honored by long term care facilities

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slander

...spoken defamation

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tort

...wrongful act that does not involve a contract

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Law

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

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Ethics

moral standards and a code for behavior that govern an individual's interactions with others and within society.

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Bioethics

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

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Morality

what is believed to be right and wrong.

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Medical Ethics

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

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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

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What shapes the US

Law; the US is a litigous society

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Conflict

Sometimes law, ethics & bioethics conflict

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The ultimate goal

to understand complex health care public policy from all sides of an issue.

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The Primary Duty

to protect our patients from harm

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The conection between law and ethics

generally, if something is illegal, it's unethical, but if it's unethical, it may still be legal.

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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

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problems with the law 1

the law allows many morally offensive actions

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problems with the law 2

not all laws are are enforced

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problems with the law 3

the law does not cover every situation a person may encounter

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difference between 'law' and 'morality'

law= requirements are negative

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morality= standards are positive

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eg: morality says help the drowning man, the law does not require you to help, simple to not drown him yourself.

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Medical Malpractice Acts

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

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items of unprofessional conduct 1

practicing without a liscense

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items of unprofessional conduct 2

impaired ability to practice due to addiction or mental illness

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items of unprofessional conduct 3

conviction of a felony

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items of unprofessional conduct 4

insufficient record keeping

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items of unprofessional conduct 5

allowing an unlicensed person to practice medicine

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items of unprofessional conduct 6

physical abuse of patients

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items of unprofessional conduct 7

prescribing drugs in excessive amounts

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Medical ethics 2

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

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Philosophies of ethics

Utilitariansim

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Rights-Based Ethics

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Duty-Based Ethics

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Virtue-Based Ethics

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Theories of ethics

teleological theory

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deontological theory

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utilitarianism definition

'the good of the many...;' cost/benefit analysis

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utilitarianism advantages

encourages efficiency and productivity by looking at the impact on all involved; get the most value for the least cost

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Legal Responsibilities

Responsibilities that are authorized or based on law

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Types of laws affecting health care

Criminal, civil law

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Tort

A wrongful act that doesn't involve a contract

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Malpractice

Bad practice, professional negligence

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Malpractice

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

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Result of Malpractice

Injury, loss or damage to the person receiving care

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Negligence

Failure to give care that is normally expected of a person in a particular position

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Result of negligence

Injury to another person

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Assault

A threat or attempt to injury

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Battery

Unlawful touching of another person without consent

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Informed consent

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

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Invasion of privacy

Unnecessarily exposing or revealing personal information without the persons consent

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False imprisonment

Restraining an individual or restricting an individuals freedom

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Abuse

Results in physical harm, pain, or mental anguish

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Examples of abuse

Physical, verbal, psychological, sexual

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Defamation

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

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Slander

When defamation occurs and the information is spoken

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Libel

When defamation occurs and the information is written

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Contract

An agreement between two or more parties

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Part of contracts

Offer, acceptance, consideration

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Implied contracts

Obligations that are understood without verbally expressed terms

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Expressed contracts

Stated in distinct and clear language either orally or in writing

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Legal disability

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

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Agent

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

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Principal

When a person works under the direction or control of another person the employer is called:

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Privileged communications

All information given to health care personnel by a patient

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Patients rights

The factors of care that patients can expect to retrieve

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Patients bill of rights

Recognized by many health care facilities

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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

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Living wills

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

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POA

Designation if health care surrogate / durable power of attorney

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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

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PSDA

Patient self-determination act

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Patient self-determination act

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