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63 Cards in this Set

  • Front
  • Back
What are two reasons to study law and ethics?

1)To help you function at the highest possible professional level providing optimal care to patients


2)To help avoid court or legal entanglements that can threaten your living as a successful healthcare professional



3 main focus/points of law & ethics

1)Rights, responsibilities, concerns of health care consumers


2)Legal & ethical issues facing society, patients, and health care professionals


3)Impact of rising costs on laws/ethics of health care delivery

Person bringing charges in lawsuit
plaintiff
Person against whom charges are being brought
defendant
Legally responsible or obligated
liable

True/False




From a legal standpoint the most important aspect of a trial is the outcome.



False;




The result is not the most important aspect but whether the case represents good law and will be persuasive



Also known as case law; decisions made by judges in various courts that become rule of law and apply to other cases
precedent
Decision made by a court that pleads no basis for trial
summary judgment
3 liabilities for manufacturers of health care equipment

1)Breach of warranty


2)Untrue statements


3)Fraud

Also known as intentional deceit
Fraud
Makers of medical equipment are immune from liability for personal injury as long as the Food and Drug Administration approved the product and it meets FDA specifications
2008 U.S. Supreme Court Decision (Metronic Inc. Case)
Doctrine that can bar injured consumers from suing in state court when the products that hurt them met federal standards
Federal preemption

Set of governing rules;




main purpose: to protect the public




standards: promotes smooth functioning of society




penalties of violation: fine, imprisonment, revocation of license

law

Principles, standards, guide to conduct




main purpose: to elevate the standard of competence




standards: builds values & ideals




penalties of violation: suspension or eviction from medical society membership

Ethics

Beliefs formed through the influence of family, culture, and society




main purpose: Serve as a guide for personal ethical conduct




standards: Basis for forming a personal code of ethics




penalties of violation: difficulty in getting along with others

moral values

Discipline relating to ethics concerning biological research




main purpose: allow scientific progress in a manner that benefits society in all possible ways




standards: leads the highest standards possible in applying research to medical care




penalties of violation: can include all those listed under "law", "ethics", and etiquette; as current standards are applied as new laws and ethical standards evolve to govern medical research

bioethics

courtesy and manners




main purpose: to enable one to get along with others




standards: leads to pleasant interaction




penalties of violation: ostracism from chosen groups



etiquette

Rules of etiquette applicable to one's place of employment




main purpose: enable one to get along with others engaged in the same profession




standards: promotes smooth functioning of work place routines




penalties of violation: disapproval of one's professional colleagues/possible loss of business



protocol

True/False




An illegal act by a health care provider is always unethical, but an unethical act is not necessary illegal.



True

Govern behavior of members

Increase the level of competence and standards of care within the group


codes of ethics
What are 3 examples of codes of ethics (organizations)?

American Nurses Association Code for Nurses


American Medical Association Code of Medical Ethics

Code of Ethics of the American Association of Medical Assistants


Publications that detail a wide variety of ethical situations that professionals may face in their work and offer principles for dealing with the situations in an ethical manner
ethics guidelines
What are 3 early medical codes of ethics?

Code of Hammurabi


Hippocratic Oath

Percival's Medical Ethics


Code of Ethics for AAMA (first 4)


1. I believe in the principles and purposes of the profession of medical assisting.


2.I endeavor to be more effective.


3. I aspire to render greater service.


4. I protect the confidence entrusted to me.

Code of Ethics for AAMA (last 4)


5. I am dedicated to the care and well-being of all people.


6.I am loyal to my employer.


7.I am true to the ethics of my profession.


8.I am strengthened by compassion, courage, and faith.

Specialists who consult with medical professionals to help make difficult decisions
Bioethicists
What are 4 types of members on ethic committees?

Physicians


Nurses


Social Workers


Clergy



The practice of good manners
courtesy
empathy; identification w/ and understanding of another's situation, feelings, and motives
compassion
sound practical judgment
common sense
traits and capabilities that allow you to get along well with others
people skills
abilities acquired in course of study
technical skills
problem solving skills; ability to think analytically, using fewer emotions and more rationality
critical thinking skills
What are the steps in the problem solving process?

Identify and clarify the problem


Gather information.


Evaluate the evidence


Consider alternatives and implications


Choose and implement the best alternative



Conviction of a crime
can result in loss of license
Critical thinking skills include
first clearly defining a problem
Law is
the minimum standard necessary to keep society functioning smoothly
Name the pledge for physicians that remains influential today.
Hippocratic Oath
Sellers and manufacturers can be held legally responsible for defective medical devices and products through what charges?
All of the above
The basis for ethical conduct includes
one's morals, one's family, one's culture
Unethical behavior is always
unacceptable
Unlawful acts are always
unacceptable, unethical, punishable by legal means
Violation of a professional organizations' formalized code of ethics
can lead to expulsion from the organization
What ethics code superseded earlier codes to become the definitive guide for a physician's professional conduct?
Percival's Medical Ethics
What is bioethics concerned with?
the ethical implications of biological research methods and results
Which Greek physician is known as the father of medicine?
Hippocrates
Written codes of ethics for health care practitioners
evolved primarily to serve a moral guidelines for those who provided care to the sick

Good communication skills include

Writing, speaking, and listening

What are 3 examples of technical skills?

Diverse, computer efficient, adaptability

Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority
law
Standards of behavior, developed as a result of one's concept of right and wrong
ethics
One's personal concept of right and wrong, formed through the influence of the family, culture, and society
moral values
A list of principles intended to govern behavior-here, the behavior of those entrusted with providing care to the sick
code of ethics
Publications that detail a wide variety of ethical situations that professionals might face in their work and offer principles for dealing with the situations in an ethical manner
ethics guidelines
A pledge for physicians, influenced by the practices of the Greek physician Hippocrates
Hippocratic oath
A code of ethics for members of the American Medical Association, written in 1847.
American Medical Association Principles
A discipline dealing with the ethical implications of biological research methods and results, especially in medicine
bioethics
Specialists who consult with physicians, researchers, and others to help them make difficult ethical decisions regarding patient care
medical ethicist or bioethicist
Committee made up of individuals who are involved in a patient's care, including health care practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases
ethics committee
Standards of behavior considered to be good manners among members of a profession as they function as individuals in society
etiquette
A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office
protocol
What are 5 qualities for successful healthcare practices?

1. courtesy


2.compassion


3.common sense


4.people skills


5.technical skills

those who are trained to administer medical or health care to patients
health care practitioners
prone to engage in lawsuits
litigious