Chapter Summaries Flashcards
(136 cards)
Ethics
- definition
- main purpose
- penalties
- standards/guide to conduct
- elevate standard of conduct
- penalty determined by peers as part of the ethics committee
Moral Values
- definition
- main purpose
- penalties
- personal beliefs created from family, culture, society
- serves as a guide for ethical conduct
- not a penalty, but as a consequence. If you do not have moral values you will have difficulty getting along with others
Bioethics
- definition
- main purpose
- penalties
-medical discipline relating to the ethics concerning biological research
Law
- definition
- main purpose
- penalties
- set of governing rules
- to protect consumers (public)
- upon conviction: fine/imprisonment/license revocation/other penalty determined by court
Explain why knowledge of law & ethics is important to heal care practitioners
To perform at the highest level of your profession and to avoid litigation
Distinguish among law, ethics, bioethics, etiquette, protocol
Law-rules for conduct (protects consumers)
Ethics-rules for governing behavior
Bioethics-study of ethical implications in biomedical research
Etiquette-good manners
Protocol-Expectations of behavior set forth by employer
Define moral values and explain how they relate to law, ethics, and etiquette
Moral values are the ideas and beliefs a person accrues over time from influences of family, religion, environment, etc. Without good moral values you will not have a good base of moral ethics or etiquette. Without those, you will be left vulnerable to legal entanglements.
Discuss the characteristics & skills most likely to lead to a successful career in one of the health care professions
Courtesy, Common Sense, Compassion, People Skills, Technical Skills, Critical Thinking Skills
Describe and compare need and value development theories
Maslow’s Hierarchy of Needs stands on the idea that human behavior is based on specific human needs that must often be med in a specific order
Piaget believed in 4 stages of development (Sensorimotor, Preoperational, Concrete Operational, Formal Operational)
Kohlberg expanded upon Piaget’s model. It may take longer for stages to fulfill. 6 levels in 3 stages (Preconventional, Conventional, Postconventional)
Identify the major principles of contemporary consequence-oriented, duty-oriented, and virtue ethics
Consequence-Oriented (Teleological) says that it is the outcome of the act that determine its moral rightness or wrongness. Utilitarianism is a form of consequence-oriented ethics in which the outcome of the decision made must benefit the majority of people
Duty-Oriented (Deontelogical) says that it is the intent of the action that determine its moral rightness or wrongness. The outcome of the action/decision is irrelevant
Virtue Ethics says that whatever decision the person chooses is the morally right decision because the person is virtuous. The outcome will be virtuous because the person making the decision makes moral choices since he/she is virtuous.
Define the basic principles of health care ethics
Veracity (truth telling)
Justice (give patient what he/she is due)
Role Fidelity (stay within limitations of your capabilities)
Autonomy (patient can decide for themselves)
Beneficence (promote well-being)
Nonmaleficence (do no harm)
Confidentiality (do not misuse or divulge private information)
How do licensure, certification, registration, accreditation differ?
Licensure is a mandatory credentialing process
Certification is a voluntary credentialing process
Registration means you are registered in an official record
Accreditation is the process in which schools, facilities,
health care plans are officially authorized
How are physicians licensed and regulated?
Medical Board enacted by the state Medical Practice Acts
What is the health care team?
Physicians and allied health workers who generally have completed a course of study leading to licensure, certification, or registration in one of the health care professions
What are the different types of medical practice management systems?
Sole Proprietorship- One doctor working as private practice
Associate Practice- Two or more doctors sharing staff and facilities but operating separately
Partnership- Two or more doctors who share all costs of business under contract)
Corporation- Multiple operation under single entity
Group Practice- Three or more doctors functioning together. Can be Partnership or Corporation. Can be same profession or a collective of specialites
What is the basis of law in the United States?
Federal Statutes
Stat Statutes
Municipal Ordinances
Constitutional Law (law derived from federal/state constitutions)
Case Law (established through common law and legal precedent)
Common Law (body of unwritten law developed in England; primarily from judicial decisions based on custom and tradition)
How are laws classified?
Substantive- Statutory (legislative) or written law that defines and regulates legal rights and regulations
-Criminal law involves crimes against the state
(misdemeanor/felony)
-Civil law involves wrongful act against persons
Procedural- law that defines the rules used to enforce substantive law
What are the torts and how do they affect health care practitioners?
A tort is a civil wrong committed against a person or property (excluding breach of contract)
Intentional tort involves intentional misconduct
Unintentional torts are not meant to cause harm but are committed unreasonably or with a disregard for the consequences. In legal terms, this constitutes negligence.
What is a contract, and what are its essential elements?
A contract is a voluntary agreement between two parties in which specific promises are made for a consideration.
The agreement- one party makes an offer, and another party accepts it
The consideration- something of value is bargained for as part of the agreement
Legal subject matter- contracts are not valid and enforceable in court if terms if the services or purposes of the contract are legal.
How do expressed contracts differ from implied contracts?
Expressed contracts are spoke/written in precise terms
Implied contracts aren’t spoken/written in precise terms, but are understood
What are the contractual rights and responsibilities of physicans?
Physician has the right to:
- setup practice w/in the boundaries of his/her license to practice medicine
- setup an office wherever he/she chooses and establish -office hours
- specialize
- decide which services he/she will provide and how those services will be provided
Physician has the obligation to:
- use due care, skill, judgment, and diligence in treating patients
- Stay informed about the best methods of diagnosis/treatment
- exercise his/her best judgment
- consider the established, customary treatment in similar cases
- no experimenting on patient w/o prior approval and consent
- provide proper instructions for post-care
- provide complete information about diagnosis, options, methods of treatment, and fees for services
- take every precaution to prevent the spread of contagious disease
- advise patients against needles or unwise operations
What are the contractual rights and responsibilities of patients?
Patients have the right to:
- receive considerate and respectful care
- receive complete information concerning his/her diagnoses, treatment, and prognosis
- receive information necessary to give informed consent prior to the star of any procedure and/or treatment
- refuse treatment to the extent permitted by law
- receive every consideration of his/her privacy
- be assured of confidentiality
- obtain information about his/her health care
- know whether treatment is experimental and be free to refuse to participate
- expect reasonable continuity of care
- examine his/her bill and have it explained
- know which hospital rules and regulations apply to patient conduct
- terminate the physician-patient contract
Patients are obligated to:
- follow instructions given and cooperate as much as possible
- give all relevant info to physician (if not, physician can’t be held liable)
- follow treatment orders (if not, patient does not have legal recourse)
- pay fees for services rendered
What is the law of agency and how does respondeat superior apply to health care contracts?
Law of agency: employee=agent employer=principal
(governs the relationship between agent and principal)
Respondeat superior: employer is liable for employee acts, if the acts are within the scope of the employee’s duties
What are the three areas of general liability for which physician/employer is responsible?
Employee safety
Grounds of facility
Automobiles used for job fulfillment