hosa medical law and ethics

"The Veil of Ignorance"

This saying means that no one person is advantaged or disadvantaged.

"Why study ethics?"

In spite of the many gray areas of ethics, we are expected to take the right action when confronted with an ethical dilemma.

2 types of law

Common law
Statutory law

3 brances of government

Legislative- makes laws
Executive- administers laws
Judicial- enforces laws

3 requirements of HIPAA

1.standardization of electronic patient health data, administrative data, and financial data
2.unique health identifiers for individuals, employers, health plans, and health care providers
3.security standards to protect the confidentiality and integrity of the individually identifiable health information, past, present, or future

4 D's of negligence

duty, derelict, direct cause, and damages

abuse

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

Abuse

Results in physical harm, pain, or mental anguish

acceptance

(5 of 5 stages of grief)
clients are at peace and would rather be left alone

access to medical care

refers to whether people should have the right to hc are able to receive hc

Active Euthanasia

Positive act to bring about death, eg. administration of lethal dose of drug.

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),

Administrative law

administrative agencies are given the power to enact regulations that also have the force of law

adult cells

cells that are found in many kinds of tissue such as bone marrow, skin, and liver

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

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

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).

Advances in Biotechnology

Pre implantation Genetic Diagnosis (PGD)
PGD Benefits
Allows clinicians to select against serious single gene disorders
PGD Harms
Deliberated destruction of 'unwanted' embryos
Discrimination on the basis of difference

ageism

any form of prejudice, bias, or discrimination that negatively targets the person in the basis of age

agent

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

Agent

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

AHPRA and the National Boards

protect the public and to facilitate access to health services

allocation of scare medical resources

distribution of available hc resources

Americans with Disabilities Act (ADA)

eliminate discrimination in employment against a qualified individual with a disability

amniocentesis

method of prenatal diagnosis in which a needle is used to withdraw fluid from the amniotic sac within the uterus of a pregnant woman

anger

(2 of 5 stages of grief)
clients become envious and resentful

appeals court

reviews decisions of courts

appellant

one who appeals a case

Applied Ethics

Practical application of moral standards that are meant to benefit the patient.

artificial insemination

A process of fertilization in which a man's sperm is placed directly into a woman's vagina by a physician.

artificial insemination by donor (AID)

used when the partner is sterile or carries serious genetic defects or if woman wants to have a child without a man

artificial insemination by husband (AIH)

used when husband's sperm vitality is to low or a wife's cervical mucus is too hostile to achieve conception

Assault

A threat or attempt to injury

assault

threat to inflict injury with apparent ability to do so

assault and battery

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

assisted reproduction

the use of medical techniques, such as drug therapy, artificial insemination, or in vitro fertilization, to enhance fertility

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.

Autopsy

examination of a dead body to determine the cause of death

bargaining

(3 of 5 stages of grief)
clients try to make deals with physicians, God or higher being, or family

Battery

Unlawful touching of another person without consent

battery

when client receives treatment without given consent to do so

beneficence

"doing good to others"
requires a physician to act in accordance
with those means used to benefit a patient's health then by contrast,
those means used to intentionally destroy, hamper or suppress a
patient's health are unethical

Beneficence

Likely benefit of the research must justify any risks of harm
Where there is no likely benefit to participants, risk should be lower than would ethically be acceptable where there are such benefits

Beneficence

The action of helping others and performing actions that would result in benefit to another person.

Bioethicists

These are specialists in the field of bioethics. They must give thought to ethical concerns that often examine the more abstract dimensions of ethical issues and dilemmas.

Bioethics

ethical implications of biomedical technology and its practices

Bioethics

the ethical implications of biomedical technology and its practices

life & death issues

local, organizational, personal, worldwide implications

Bioethics

This is a branch of applied ethics. A field resulting from modern advances and research. Ex: Cloning.

blastocyst

an early embryonic cluster of cells that attaches to the uterus wall and develops into the actual embryo

Bloodborne Pathogen Standard

reduces occupational-related cases of HIV/AIDS and hepatitis B and C infections among hc workers

Breach of Standard

Civil Liability Act 2003 (Qld), s 22.
(1)A professional does not breach a duty arising from the provision of a professional service if it is established that the professional acted in a way that (at the time the service was provided) was widely accepted by peer professional opinionby a significant number of respected practitioners in the field as competent professional practice.

carrier screening

used to identify unaffected individuals who carry one copy of a gene for a disease requiring 2 copies for disease expression

CAUSATION

The injured plaintiff must show that the loss or damage suffered was caused by the act or omission (breach of duty), or that the breach of duty materially contributed to the loss or damage.

child molestation

(child abuse)
oral-genitalia contact, viewing and fondling of genitals

Chrionic Villus Sampling (CVS)

a flexible catheter is inserted trough the vagina and cervix to suck out a tiny piece of chorionic villi tissue on the outermost layer of the amniotic sac which is used to detect chromosomal defects as early as the 10th week of pregnancy

civil law

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

CIVIL LAW

Legal action between citizens.
Plaintiff vs. Defendant.
Involves many divisions of substantive law
Standard of proof is "the balance of probability".
Outcome varies depending on relief sought

Civil law

type of law that affects relations between individuals, corporations, government agencies, and other organizations

Civil Law Remedies

Financial compensation (damages)
Injunction (order to stop doing something)
Specific performance (order to do something).

civil liability

conflicts between individuals, corporations, government bodies, and other organizations

Clinical Hygiene Plan (CHP)

addresses training, information requirements, and provisions that must be implemented for chemical exposure in a ambulatory hc setting

Clinical Model

1. Gather information.
2. Clarify the ethical issues.
3. Resolve the dilemma.

common law

A legal system based on custom and court rulings
also called case law

Common Law

This was established from a court decison, may explain or interpret the other sources of law. Can also be called case law.

Common Sense Approach to Ethics

Avoid harming others. Do not lie or cheat.
Respect the rights of others. Obey the law. Be fair.
Keep promises and contracts. Help those in need.
Reinforce these imperatives in others.

Comparable Worth

Also known as pay equity, is a theory that extends equal pay requirements to all persons who are doing equal work.

Compassion

The ability to have a gentle, caring attitude toward pt's and fellow employees.
Ex: Being able to ease a pt's fear.

Confidentiality

-Health Reasons
Establishes trust and encourages patients to talk openly about private and sensitive matters that may be relevant to a diagnosis ie. sexual activity

alcohol consumption

drug use

or mental illness.
-Protection of patient's privacy and dignity
-Public Policy Reasons
If people are not guaranteed confidentiality, may not seek treatment and, in some cases, could have impact on health of community ie. infectious disease.

confidentiality

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

Conflict

Sometimes law, ethics & bioethics conflict

consent

voluntary affirmation by a client to allow touching, examination, or treatment by medically authorized personnel

consent by action

consent that is nonverbal behavior

consent by word

consent that is oral or written

Constitutional Law

This consists of both the U.S. Consitution and the constitutions of the individual states.

contract

...an agreement between two or more parties

Contract

An agreement between two or more parties

cord blood research

research using blood from umbilical cord to use as therapeutic uses

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.

Coronial Inquests

there is reasonable doubt regarding the cause of death

or
public interest is served by drawing attention to the
circumstances of the death to prevent similar
circumstances/deaths in the future.

Coronial Investigations

the identity of the deceased

when the person died

where the person died

the medical cause of death

and
the circumstances in which the death occurred.

criminal law

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

criminal law

acts committed against the welfare and safety of the public or society as a whole

CRIMINAL LAW

Legal action between State and a citizen.
Citizen alleged to have committed an offence.
Action usually brought by Police in first instance.
Standard of proof is "beyond reasonable doubt".
Outcome \= punishment