Introduction to Medical Law and Ethics Flashcards

Social Media and Ethics

  • Example of nurse violating HIPAA by disclosing patient info on TikTok.

  • Ethical violations stem from superiority complex and selfishness of some professionals.

Workplace Dynamics

  • Encounter seasoned professionals (20-30 years) who may intimidate.

  • Advice: stay focused and don't let them derail you.

Attendance Significance

  • Externships serve as auditions for jobs (5-6 weeks).

  • Employers prioritize:

    • Attendance records

    • Work ethic

    • Flexibility

Shift Demands

  • Hospital shifts can run 12-16 hours.

  • Calling in sick is burdensome for staff.

  • Instructor's extreme experience: 3.5 days without sleep.

Externship Risks

  • 90% of externship terminations due to personal behavior, not technical skill.

Legal Foundations and Authority

Laws Hierarchy

  • Federal law is baseline; stricter state laws take precedence.

Regional Variations

  • TX: cannabis seed = pound possession in legal weight.

Criminal Law

Classifications

  • Misdemeanor: <1 year.

  • Theft thresholds vary (e.g., New Mexico: must exceed $1,000).

Types of Crime

  • Robbery: theft with victim presence.

  • Burglary: theft without presence.

  • Murder: unlawful premeditated killing.

  • Manslaughter: killing under emotional distress.

Standard of Proof

  • Criminal: proof beyond a reasonable doubt.

  • Civil: preponderance of evidence.

Torts and Malpractice

Negligence

  • Unintentional harm; proof required:

    • Duty of care

    • Breach of duty

    • Harm caused

Medical Malpractice

  • Requires a provider-patient relationship.

    • Duty of care and breach.

Liability Insurance

  • MAs typically don't need it but essential for higher roles.

  • Insurance won't cover criminal acts.

Psychiatric Perspectives

ADD vs. ADHD

  • ADD: high activity all day; ADHD over-diagnosed, sometimes from parenting issues.

Affluenza Case

  • Wealthy teen avoided consequences for serious crime due to wealth arguments.

Clinical Procedures

MA Scope

  • Skills outside MA practice need physician supervision.

Documentation

  • Immediate documentation required for incidents.

Medical Advice

  • Staff should avoid giving personal medical advice to patients.

Cultural Competence

Accommodations

  • Respect patient cultural practices (e.g., female surgical teams).

Family Dynamics

  • Ensure direct communication with female patients despite family interference.

Communication

  • Avoid exaggerated claims about treatments.

Case Studies

McDonald's Coffee Case

  • Woman awarded damages for hot coffee burns; temperature was dangerous.

Pearl Incident

  • Highlights the importance of abuse reporting despite system failures.

Personal Tragedy

  • Anecdote on inadequacy of vehicular manslaughter laws.

Patient Boundaries

  • No personal sharing or accepting gifts from patients.

Administrative Tasks

Exam Prep

  • Know contract components; firing a patient requires certified letter.

Cleanup Procedures

  • Dispose of urine samples properly before leaving.