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87 Cards in this Set
- Front
- Back
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truth telling, professional codes of ethics, nonmaleficience
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Ethical issues
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crimal issues, fraud, criminal negligence
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legal issue
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individual's view of what is right and wrong based on personal life
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Micro ethics
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1. way of life 2. set of rules of conduct or moral code which involves professional ethics & unethical behavior 3. philosophical ethnics which involves inquiry about ways of life & rules of conduct
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Ethics term used in 3 ways
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global view of right & wrong
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Macro ethics
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addresses difficult issues such as the nature of life, the nature of death, what sort of life is worth living, what constitute murder, how should we treat those in vulnerable & pain circumstances & the responsibility we have to other human beings
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Bioethics
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what things are right, good,genuine
determination of correct moral principles for ALL autonomonus rational beings |
general normative ethics
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ultimate standard of what is morally right is :
dependent on greatest amt of good for greatest number of people, emphazises, morally right action is whatever action leads to maximum balance of good over evil, theories that judge action by their conquences |
Consequential or teleological ethical theory
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focuses on duties to others, includes telling truth and keeping promises, involves ethical analysis according to a moral code or rules,
religious or secular codes & rules DENIES that consequences are the only criteria for determining morality of an action or rule |
Deontological Ethical Theory
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respect for autonomy
beneficience nonmaleficence integrity justice |
Health care ethics
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to have self governance or to function independently
to have respect for the patient to make his/her own decisions about what is best Limits: one's rights must not infringe on those of another |
Autonomy
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doing good, being kind and showing compassion
to help pt & make their their situation better doing good requires knowledge of the values and preference of the patient |
Beneficence
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form of beneficence
belief that one knows what is best for another Problem ; conflict btw principles of autonomy and benefience |
paternalism
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Nonmaleficence
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doing no harm
requires caregivers to avoid causing pts harm |
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doing that which is indicated in your professional standards
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intergrity
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treating everyone fairly
obligation to be fair in distributing benefits and risks |
justice
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principle that requires tx of all persons equally & fairly
no one person is to get disproportional share of resources |
distributive justice
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TEST
concrete ends are values thing in life we aim to gain or keep people have a tendency to focus on values, NOT virtues most individuals find it difficult to make a connection btw abstract principles ( virtues) & that which has value. Relationship between means and ends, principles (VIRTUES) and practice (VALUES) often difficult to grasp |
Virtue
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something has worth,
standard of conduct used for judging goodness or badness of some action standards by which we measure goodness in our lives |
Value
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something that has value in and itself
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intrinsic value
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something that helps to give value to something else like money
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instrumental value
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agreement or pledge to do something
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commitment
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deep awareness of & sympathy for another's suffering
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compassion
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willingness & ability to work with others
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Cooperativeness
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mental or moral strength to persevere & withstand danger
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Courage
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ability to make good decision w/out personal biases, fears, undue influences from others
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discernment
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ability to make JUDGEMENT free from discrimination or dishonesty or interjection of one's own bias in given situation
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Fairness
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virtue of faithfulness
Being true to our commitments and obligations to others Implies we be truthful and honest |
Fidelity
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freedom to make choices within the boundaries of law
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freedom
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trust involves confidences that a person will act with the right motives
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honesty
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medical indication
pt preference quality of life contextual features surrounding the case |
4 topics of clinical ethics
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Principle of Beneficence & Nonmaleficence
In sum how can the patient be benefited by medical care and how can harm be avoided |
Medical indication
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principle for autonomy
In sum, is the patient's right to choose being respected to extent possible in ethics and law |
Pt Preference
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Beneficence, Nonmaleficence Autonomy
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Quality of Life
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Loyalty and Fairness
Social, emotional, psychological, economic, legal, scientific, educational, religious, cultural, and administrative features |
Contextual features
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general rules of conduct enforced by government
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Laws
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tradition
culture customs beliefs |
development of law
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political climate
social change religious beliefs values change |
laws change
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deals with relationships btw government and individuals
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public law
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prohibits conduct deemed injurious to public order
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criminal law
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deals with relationship among individuals
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private law
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tort and contract action
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2 basic types of private law
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constitution & bill of rights
common law or case law statutory law adminstrative law |
sources of law
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derived from judicial branch
responds to issues beyond written law |
COMMON LAW
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from legislatures , written laws
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STATUTORY LAW
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executive branch, public law, rules and regulations issued by adminstrative agencies
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Adminstrative law
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when government bureaus & agencies go awry, which are adjuncts of the legislative or executive branches, the people flee to the third branch, their courts, for solace & justices
Interprets legislation; can overrule executive branch resolves legal disputes |
JUDICIAL BRANCH
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The Tuskegee Study of Syphilis denied Tx to 400 AA over 40 years. This study is the reason why......(3 things)
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1. Few blacks participate in research trials
2. The need for transplant organs of AA greatly surpasses supply 3. African Americans often avoid medical Tx |
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Tort: where one asserts that the wrongful conduct of another has caused harm
Contracts: usually involves a claim that one party has breeched an agreement by failing to fulfill an obligation |
Tort and Contract (2 types of private law)
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Origin of Common Law
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Origins in English Common Law EXCEPT LA.....which is based on French and Spanish laws
Common law initiated mainly to recover money damages/possession of real or personal property |
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A judicial decision that may be used as a standard in subsequent similar cases
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Precedent
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Means the thing is decided---refers to that which has been previously acted on or decided by the courts
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Res Justice
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Common law principle meaning LET THE DECISION STAND. Stand by things decided
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Stare Decisis
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Does judicial decision in one state set precedent for another state?
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NO
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What are the 3 parts of Federal Court System?
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1. U.S. District Court (civil, criminal, admiralty, and bankruptcy cases)
2. U.S. Court of Appeals (created to help Supreme Court, reviews district court and administrative agency decisions) 3. U.S. Supreme Court (highest, created by federal institution, 8 Associate and 1 Chief Justice) |
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Enacts Laws
Amends or repeals existing legislation Creates new legislation Can override president or governor |
Legislative Branch
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Amendments to Constitution The Bill of Rights
Medicare and Medicaid amendments |
Statutory Law---comes from legislature written law
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President, Governor
Can veto legislation Administers and enforces law |
Executive Branch
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Extensive body of public law issued by administrative agencies to direct the enacted laws of the federal and state governments
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Administrative Law
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Labor
Justice Transportation Federal Trade Commission Health and Human Services |
Important Departments for Optometrists
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Responsible for welfare of workers
OSHA: regulates health and safety in the workplace |
Department of Labor
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DEA: regulates Rx authority and prescribing
ADA/DHHS: monitors employer/employee issues and environment issues VII of Civil Acts Rights Act of 1964: prohibits employee discrimination based on race, color, religion, sex, and national origin |
Department of Justice
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FAA: sets vision requirements for airmen, traffic control, and pilots
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Department of Transportation
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Monitors trade regulations with regards to advertising goods and services
Sets vision standards for drivers Plays a part in Rx release issues Eyeglasses I: sphere, cyl, axis, signature Provide Rx even if patient doesn't ask for it or even if there is small change in Rx Eyeglasses II: prohibits disclaimers, should include important info on visual welfare |
Federal Trade Commission
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Carry out national health and human services policy
Medicare and Medicaid provide insurance for 1 in 4 Americans $580 billion grant dollars |
Department of Health and Human Services
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A wrong, other than breach of contract, committed against a person or property for which a court provides a remedy, generally in the form of monetary damages
A civil wrong committed against a person or property |
TORT Law
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Preservation of peace between individuals
Find fault for wrongdoing Acts as a deterrence to wrongful acts Compensation for injured person |
Objective of Tort law
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1. A tort, a civil or personal wrong
2. A unintentional commission or omission of an act that a reasonably prudent person would or would not do under given circumstances |
Negligence
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Administration of wrong drug, wrong dosage, to wrong patient
Mislabeling drug Surgically removing wrong body part |
Negligence
Commission of an Act |
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Fail to administer meds, order diagnostic tests, follow up on abnormal results, obtain consent, monitor a patient
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Negligence
Omission of an Act |
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Negligence or carelessness of a professional person
Don't perform DFE when warrented |
Malpractice
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1. Malfeasance: execution of an unlawful or improper act
2. Misfeasance: Improper performance an an act 3. Nonfeasance: Failure to act, when there is duty to act |
Forms of Negligence
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Duty to Care
Breach of Duty Injury/Actual Damages Proximate Cause/Causation Foreseeability |
Elements of Negligence
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1. Reckless disregard for the safety of another
2. Willful indifference to injury that could follow an act |
Criminal Negligence
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Duty is a legal obligation of care imposed on one to safeguard rights of others
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Duty of Care
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Failure to conform to or the departure from a required obligation owed to a person
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Breach of Duty
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The reasonable anticipation that harm or injury is likely to result from an act or omission of an act
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Foreseeability and Anticipation of Harm
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Deliberate threat, coupled with the apparent present ability to do physical harm to another. NO actual contact is necessary
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Intentional Tort
Assault |
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Intentional touching of another person in a socially impermissible manner without that person's consent
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Battery
Lack of patient consent is the most common act of battery by organizations and health care professionals |
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Unlawful restraint of an individual's personal liberty
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False imprisonment
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Communications to someone OTHER than the person defamed that tends to hold that person's reputation up to scorn and ridicule
Slander is the oral form of defamation Libel is the written form of defamation |
Defamation of Character
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1. Accusing someone of a crime
2. Accusing someone of having a loathsome disease 3. Using word's that affect a person's profession or business 4. Calling a woman unchaste |
4 Recognized Exceptions where no proof of actual harm to a reputation is required to recover damages
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Wrong that invades the right of a person to personal property
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Invasion of Property
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Conduct that is so outrageous that it goes beyond the bounds tolerated by a decent society
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Infliction of Mental Distress
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A crime is any social harm defined and made punishable by law
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Criminal Law
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Offense punishable by less than 1 year in jail or fines
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Misdemeanor
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More serious crime, punishable by jail in a federal or state penitentiary for more than 1 year
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Felony
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