chapter 3

Introduction to Health Care

• Overview of the textbook: Haroun/Mitchell, Introduction to Health Care, 5th Edition (2021 Cengage).

Chapter 3: Ethical and Legal Responsibilities

• Focus on ethics and legalities in health care settings.

Ethics

Definition

• System of principles for determining right and wrong.

• Guides decision-making in health care.

• Varies among cultural groups and is influenced by religion, history, and collective experiences.

Ethical Dilemmas

• Situations with no clear answers or correct courses of action.

• Examples include gun control, capital punishment, and freedom of speech.

Ethics and the Law

• Ethics underlie many legal principles.

• Conflicts may arise between laws and individual ethics.

• Laws can have unintended negative consequences.

Questions and Answers

Question 1

• True or False: Some laws have harmful results.

Answer 1

• True. Some laws can cause harm despite intentions to be fair.

Ethics and Health Care

Importance of Ethics

• Many health care issues involve ethical decision-making.

• Hippocratic Oath emphasizes medical ethics.

Current Ethical Topics

• Impact of technology on health care decisions; definitions of life; care expenses; birth control; vaccinations.

Question 2

• True or False: A good system of ethics will provide answers to most health care decisions.

Answer 2

• False. Many health care issues have complex ethical dilemmas with no easy answers.

Professional Codes of Ethics

• Standards for professional conduct to ensure high care quality.

• Many organizations develop codes for handling difficult ethical issues.

Personal Values

• Foundation for making decisions and guiding behavior.

• Influenced by family, religion, education, and personal experiences.

• Values can vary and are not inherently right or wrong.

Question 3

• Which of the following is an example of a value?

  • A. Law protecting patient welfare

  • B. Professional behavior code

  • C. Personal belief in the necessity of education

Answer 3

• C. Personal belief that education is necessary for a satisfying life is a value.

Guiding Principles of Health Care Ethics

Primary Principles

• Preserve life.

• Do good.

• Respect autonomy.

• Uphold justice.

Additional Ethical Obligations

• Be honest.

• Be discreet.

• Keep promises.

• Do no harm.

Preserve Life

Importance

• Life is precious, with a need to preserve it through all means.

• Ongoing debates over definitions of life and requests for euthanasia.

Legal Considerations

• Dilemmas arise in organ transplantation, euthanasia, and resource rationing.

Question 4

• True or False: It is illegal in most states to withdraw artificial life support.

Answer 4

• False. Withdrawal is not illegal under certain conditions.

Do Good

• Promote the welfare of others; basic health care duty.

• Act in the best interest of patients.

Respect Autonomy

• Right for patients to make their own health care decisions, including treatment refusals.

Consent in Healthcare

Types of Consent

General

• Patient permission is required for treatment.

Types

• Informed Consent: Clear explanation of procedures including risks.

• Implied Consent: Indicated by patient actions.

• Express Consent: Written agreement from the patient.

Legal Violations

• Battery: Treating patients without consent.

• Assault: Threatening to treat without permission.

• False Imprisonment: Detaining competent patients against their will.

Question 6

• An example of ______ is when a patient shows for a scheduled root canal.

  • A. Express consent

  • B. Implied consent

  • C. Informed consent

Answer 6

• B. Implied consent.

Advance Directives

Importance and Types

• Written instructions specifying health care desires:

  • Living Will: Outlines specific health care instructions.

  • Durable Power of Attorney: Authorizes individuals to make decisions on behalf of incapacitated persons.

Patient Self-Determination Act

• Requires health care facilities to provide information about advance directives to patients.

Question 7

• True or False: A patient must sign a living will upon admission to a hospital.

Answer 7

• False. Patients are not required to create advance directives.

Uphold Justice

• Justice in healthcare refers to fairness in the quality of care.

• Dilemmas include equitable distribution of resources and ranking of services.

Reporting Abuse

Requirements

• Protect others from harm by reporting abuse.

• Must be reported to supervisors; patient confidentiality does not apply.

Laws That Support Healthcare

Key Legislation

• Occupational Safety and Health Act: Ensures employee safety.

• Controlled Substances Act: Regulates addictive drug use.

Fraud in Health Care

Definition and Examples

• Involves dishonesty: e.g., improper insurance claims, selling ineffective treatments.

Be Discreet

• Essential for preserving patient confidentiality; information must not be released without consent.

• Follow HIPAA regulations to protect patient privacy.

Question 8

• True or False: Health care facilities must develop confidentiality policies.

Answer 8

• True.

Maintaining Patient Privacy

Importance

• Close doors and curtains, and avoid discussing patients in public.

Confidentiality Issues

• Dilemmas arise with public safety concerns, such as contagious diseases.

Keep Promises

• Promises are essential for trust in health care relationships.

Contracts in Health Care

Components

• Contracts consist of offers, acceptance, and consideration.

Types of Contracts

• Express: Written or spoken agreements.

• Implied: Formed through actions.

Breach of Contract

Definition

• Occurs when one party fails to fulfill contractual obligations.

Question 9

• Example of breach of contract: A patient refusing to pay due to dissatisfaction.

Answer 9

• A patient refusing payment constitutes a breach.

Do No Harm

Definition

• Core responsibility of healthcare professionals.

• Negligence defined as failure to meet reasonable care standards.

Malpractice

Explanation

• Professional negligence can lead to lawsuits.

Best Practices

• Performing duties with care and treating patients respectfully.

Question 10

• True or False: Poor communication leads to malpractice lawsuits.

Answer 10

• True. It's a major contributor to litigation.

Laws That Protect

Good Samaritan Law

• Protects those providing emergency care within their training scope.

Patient Rights

Legislation

• Includes the Patient's Bill of Rights and protections under the Affordable Care Act.

Handling Ethical Dilemmas

Priority

• Focus on patient well-being and responsibility in decision-making.

Resources

• Consultations available with ethics committees, legal counsel, and professional associations.