Final Exam - Hsa 2182

Front 1

Definition of ethics

Back 1

Are principles determining behavior and conduct appropriate to a certain setting. It is a matter of doing right vs. wrong

Front 2

Sources of ethical perspectives

Back 2

Generally come from family upbringing and /or religion. We are also members of communities and of professions that have codes, traditions, and practices setting out standards of ethical behavior.

Front 3

Three types of law
Definition of a negligent
4 factors for a contract to exists

Back 3

1. Criminal Law – is concerned with wrongs against society as a whole, even if only a particular individual is harmed.
2. Civil Law – on the other hand, is concerned with wrongs against a particular person or organization.
A. – Torts – Wrongful acts committed against another person without a preexisting contract, for which courts seek to determine and apply remedies.
Three types of Torts
- Negligence – which involves the unintentional commission of omission of an act that a reasonable prudent person would or would not do under the same circumstances. For negligence to be proven, there must be four key factors involved 1) the negligent party must have a duty toward the harmed party 2) there must have been a breach of duty, by failing to meet the appropriate standard of care 3) the plaintiff must prove that he or she suffered injury or damages from the interaction 4) causation must be proven. In order words, the breach of duty as to have been directly connected to the harm that occurred
2- Intentional torts – such as assault or battery, false imprisonment, defamation of character, an invasion of privacy.
3. Infliction of mental distress.

3. Contract Law - Body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties.

In order for a contract to exist there must be:
1. The agreement must be between two or more parties.
2. The parties must both be competent to consent to such an agreement.
3. The agreement must be for something of value.
4. The agreement must be lawful

Front 4

Definition of medical malpractice

Back 4

Is the negligence or carelessness of a professional person; it can be either a civil (tort) concern or a criminal one, depending on whether it involved “reckless disregard” for the safety of another (criminal) or simple carelessness (civil).

Front 5

Concept of “Respondeat Superior”

Back 5

A legal doctrine that holds the employer or principal responsible for the acts of its employees or agents committed within the scope of employment.

Front 6

Define Beneficence

Back 6

is a concept in research ethics which states that researchers should have the welfare of the research participant as a goal of any clinical trial.

Front 7

Describe Beneficence -

Back 7

the goal of medicine is to promote the welfare of patients, and physicians possess skills and knowledge that enable them to assist others. Due to the nature of the relationship between physicians and patients, doctors do have an obligation to 1) prevent and remove harms, and 2) weigh and balance possible benefits against possible risks of an action. Beneficence can also include protecting and defending the rights of others, rescuing persons who are in danger, and helping individuals with disabilities.

Front 8

Define Non- maleficence

Back 8

Non-maleficence means to “do no harm.” Physicians must refrain from providing ineffective treatments or acting with malice toward patients. This principle, however, offers little useful guidance to physicians since many beneficial therapies also have serious risks. The pertinent ethical issue is whether the benefits outweigh the burdens.

Front 9

Describes Non- maleficence

Back 9

Physicians should not provide ineffective treatments to patients as these offer risk with no possibility of benefit and thus have a chance of harming patients. In addition, physicians must not do anything that would purposely harm patients without the action being balanced by proportional benefit.

Front 10

Three type of Negligent defined:

Back 10

1. Misfeasance - is to take inappropriate action or give intentionally incorrect advice.
2. Malfeasance - is hostile, aggressive action taken to injure the client's interests. Performing an unlawful act (such as abortion in states where it is illegal).
3. Nonfeasance – Failing to act where there is a duty that a reasonably prudent person would have fulfilled (i.e. perhaps failing to test for an obvious cause of a person’s symptoms).

Front 11

Define fiduciary duty

Back 11

Means that people or organizations have an obligation to those who have placed their trust in them. This entails fiduciary duties to protect the organization’s assets, abide by its articles of incorporation, and refrain from personal gain at the organization’s or patient’s expense.