Medical Law And Ethics

Front 1

Law

Back 1

-set of governing rules
-to protect the public
-minimal standard to promote smooth functioning of society
-penalties of civil or criminal liability including fine, imprisonment, revocation of license or other penalty

Front 2

Bioethics

Back 2

-discipline relating to ethics concerning bio research, esp as applied to medicine
-to allow sci progress in a manner that benefits society
-leads to highest standards possible in applying research to medical care
-violation can inc civil or criminal liability, suspension or eviction from medical society or ostracism from chosen groups

Front 3

Etiquette

Back 3

-courtesy and manners
-to enable one to get along with others
-leads to pleasant interaction
-violation can cause ostracism from chosen groups

Front 4

Protocol

Back 4

-rules of etiquette applicable to one's place of employment
-to enable one to get along with others engaged in the same profession
-promotes smooth functioning of workplace routines
-violation leads to disapproval from one's professional colleagues, possible loss of business

Front 5

Moral Values

Back 5

one's personal concept of right and wrong, formed through the influence of family, culture and society. Basis for ethical conduct.

Front 6

Morality

Back 6

provides a way of distinguishing between morally acceptable solutions and morally unacceptable solutions

Front 7

Moral Virtue

Back 7

a character trait that involves justifiably obeying the moral rules or ideals

Front 8

3 Primary Sources of Law

Back 8

-common law
-statute/regulation
-constitutional

Front 9

Civil Case

Back 9

-brought on by a plaintiff
-burden of proof=preponderance of evidence
-remedies=compensatory
(punitive if outrageous)

Front 10

Criminal Case

Back 10

-brought on by gov't
-burden of proof=beyond a reasonable doubt
-remedy=punishment

Front 11

Tort

Back 11

harm to a person or property caused by a breach of one's duty to another

Front 12

Elements of Contract

Back 12

offer, acceptance, consideration

Front 13

Respondeat superior

Back 13

master must answer for servant, can be found to have vicarious liability

Front 14

Ostensible Agent

Back 14

Appear like employee but really an IC

Front 15

Negligence

Back 15

conduct which falls below standard of care established by law for the protection of others against unreasonable risk of harm

Front 16

Elements of Negligence

Back 16

-duty
-breach of duty
-causation
-damages

Front 17

Nonfeasance

Back 17

omission, not acting in the first place

Front 18

Malfeasance

Back 18

actor improperly does something he/she had right to do

Front 19

Standard of Care

Back 19

same degree of knowledge, skill, diligence and care that the ordinary competent practitioner would exercise under same or similar circumstances

Front 20

Medical Custom

Back 20

defines legal standard of care, based upon expert witness testimony of how healthcare provider would customarily act in similar/same circumstances

Front 21

Scientific Causation

Back 21

"cause in fact" - plaintiff must introduce evidence that affords reasonable basis for conclusion that more likely than not the conduct of defendant caused result

Front 22

Legal Causation

Back 22

"proximate causation" - limiting liability in interest of justice or fairness, defendant liable for all of harmful results that fall within increased risk caused by act

Front 23

Res Ipsa Loquitor

Back 23

"the thing speaks for itself" - eliminates problem of proof

Front 24

3 Elements of Res Ipsa Loquitor

Back 24

-medical provider had complete control of pt
-pt is harmed
-all other causes except negligence ruled out

Front 25

4 Topics Method

Back 25

-medical indications (beneficience and nonmalificence)
-patient preferences (respect for autonomy)
-quality of life (beneficience, nonmaleficence, autonomy)
-contextual features (loyalty and fairness)

Front 26

Goals of Medicine

Back 26

-prevention of disease/injury and promotion/maintenance of health
-relief of pain and suffering
-care and cure of maladies, care of those who cannot be cured
-avoidance of premature death, pursuit of peaceful death

Front 27

Futility

Back 27

no realistic chance of achieving goals of medicine

Front 28

10 Tenets of Professionalism

Back 28

-professional competence
-honesty w/ pts
-confidentiality
-maintaining approp relations w/ pts
-improving quality
-improving access
-just distribution of finite resources
-scientific knowledge
-maintain trust and manage conflicts of interest
-professional responsibilities

Front 29

Deontology

Back 29

all knowing, all powerful
Limitations: confidentiality, research

Front 30

Virtue Theory

Back 30

education or degree gives abilities and knowledge
Limitation: inadequate training

Front 31

Consequentalism

Back 31

ends justify means
Limitations: money as a compelling factor, concern about efficacy and safety, impedes pt care

Front 32

Models of Medicine

Back 32

-engineering
-priestly/paternalistic
-collegial
-contractual
-covenant

Front 33

Aristotle

Back 33

Nicomachean

Front 34

Thomas Aquinas

Back 34

Summa Theologiae

Front 35

Natural Law

Back 35

participation of the eternal law in the rational creature

Front 36

Immanuel Kant

Back 36

Foundations of the metaphysics of morals

Front 37

John Stuart Mill

Back 37

Utilitarianism

Front 38

Principle of Utility

Back 38

maximum happiness for all mankind

Front 39

Foundations of Moral Disagreements

Back 39

-facts of the case
-differences in the rankings of the harms
-disagreement about the scope of morality/who is protected by morality
-interpretation of moral rules
-ideology or views about human nature

Front 40

Informed Consent

Back 40

disclosure of material risks that a reasonable person would want to know about the procedure (only applies to surgical procedures)

Front 41

Medical Indications (ethical principle)

Back 41

beneficence and nonmaleficene

Front 42

Patient Preferences (ethical principle)

Back 42

Respect for autonomy

Front 43

Quality of Life (ethical principle)

Back 43

beneficence, nonmaleficence, autonomy

Front 44

Contextual Features

Back 44

loyalty and fairness

Front 45

Professional Virtues

Back 45

-fidelity
-benevolence
-truthfulness
-intellectual curiosity
-competence
-compassion

Front 46

Statute of Limitations for Negligence

Back 46

2 years

Front 47

Legal documents signed are subject to...

Back 47

Purgery

Front 48

Subpoena

Back 48

court order requiring someone to do something

Front 49

Summary Judgment

Back 49

a decision made by a court in a law suit in response to a motion that pleads there is no basis for a trial (most common reason=lack of expert witness)

Front 50

Three Cs most vital to professional success of HC practicioners

Back 50

Courtesy
Compassion
Common sense

Front 51

Why law and ethics are important to PAs

Back 51

-help fxn @ highest level, providing competent, compassionate HC
-avoid legal entanglements that can threaten your success
-gain perspective

Front 52

Three areas to gain perspective in

Back 52

-right, responsibilities, concerns of HC consumers
-legal and ethical issues facing society, pts, HC practicioners
-impact of rising costs on the laws and ethics of HC delivery