Ethical and Legal Flashcards

(78 cards)

1
Q

Ethics Acronym

A

● E - Evaluate the Facts
● T - Think about the conflict presented
● H - How many principles apply?
● I - Identify applicable codes and code sections
● C - Compare different options
● S - Select the best option under the circumstances

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2
Q

Ethics: The philosophical inquiry of the _________
dimensions of human conduct.

A

moral

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3
Q

Ethics is often used synonymously with the term _________ to
describe an action or decision as good or right.

A

moral

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4
Q

Ethical deliberations may be differentiated from
other endeavors by 3 characteristics:

A

ultimate or fundamental, The issue is universal, deliberation considers the welfare of all
involved

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5
Q

a process in which everyone
is concerned by that decision.

A

Deliberation

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6
Q

obliged to give
reasons for the point of view of our patients.

A

Ethical Deliberation

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7
Q

LEVELS OF ETHICAL JUDGMENT IN THE
HEALTHCARE SETTING

A

Micro, Meso, Macro

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8
Q

level of ethical judgement: Decisions made in an individual
professional-patient level of healthcare

A

Micro level

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9
Q

level of ethical judgement: institutional/organizational level or at
community/regional levels

A

Meso level

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10
Q

level of ethical judgement: sets policy for the health system, as a
standard established for an entire profession,
or through government as law/regulation for
the society as a whole.

A

Macro level

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11
Q

rules of conduct imposed by society on its
members

A

Law

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12
Q

rules of conduct or standards by which a
particular group in society regulates its actions
and sets standards for its members

A

Professional ethics

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13
Q

During ethical dilemmas, the heatlh professional should be able to:

A

(1) identify, (2) interpret, (3) specify, and (4)
balance

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14
Q

determine and justify what a professional
should consider as the right decision or the
best course of action for each specific ethical
situation.

A

ethical deliberation

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15
Q

used to justify a particular judgment

A

Action guides

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16
Q

Action guides can be

A

Ethical Theory,
Principles, Rules, Particular set of rules

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17
Q

Breaks down the complex problem into
manageable steps. Instead of focusing on the
problem we are focusing on the action (plans,
procedures) that is needed to be done to help
resolve the conflict or dilemma

A

Action guides

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18
Q

Action Guides

A

Ethical theory -> Principles -> Rules -> Particular judgement

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19
Q

4 principles of healthcare ethics

A

Autonomy, Beneficence, Non-maleficence, Justice

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20
Q

Respect a person’s freedom to choose what’s right for them

A

autonomy

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21
Q

All choices. for a patient are made with intent to do good

A

beneficence

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22
Q

Do no harm

A

non maleficence

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23
Q

Treat and provide care fairly to all patients

A

Justice

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24
Q

aims to improve patient
welfare by allowing our patient to be in full
command in their treatment and care

A

autonomy

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25
You need to show kindness and mercy to your patients
Beneficence
26
Most commonly prioritized principle
Non-maleficence
27
We need to be fair, in all medical decisions
Justice
28
To justify judgment as to not tell others about a patient’s condition. covered by the rule of ______ and guided by the princple of
confidentiality; respect for autonomy
29
ETHICAL THEORIES
Consequentialist theory, Deontological theory
30
This theory determines if actions or decisions are morally right or wrong based on their consequences.
Consequentialist theory
31
cardinal principles of consequentialist theory:
beneficence and nonmaleficence
32
if telling a lie would help save a person’s life, this theory would say its the right thing to do
Consequentialist theory
33
END JUSTIFIES THE MEANS.
Consequentialist theory
34
This theory looks more to the intrinsic quality of an act or decision to assert its moral rightness or wrongness.
Deontological theory
35
Based on action
Deontological theory
36
This theory follow set of rules,
Deontological theory
37
When an ethical dilemma arises, do the following:
Understand the facts of the case Identify, analyze, and present reasons for judgment Deliberation must be made based on moral intuition and application of ethical theories, rules, principles
38
Deliberation must be made based on _____________ and application of __________, rules, principles
moral intuition; ethical theories
39
this is a moral rule related to principle of autonomy
Consent; Confidentiality
40
this is a rule within the principle of autonomy. Every individual has the right to control his or her own affairs without interference from or knowledge of outside parties
Privacy
41
this is the principle or duty to the welfare of the individual
Respect for persons
42
it is an ethical principle within deontological theory
Veracity
43
= this is the principle of having responsibility to be trustworthy and keep promises
Fidelity
44
refers to fairness and tendering what is due
Justice
45
is an implicit contract between the client and the health care provider that broadly describes the relationship involved whenever a pharmacist provides drug information.
Ethical Covenant
46
Patients have the:
Right to receive competently-provided information and respectful treatment Obligation to provide background information needed by the pharmacist Right to request for adequate background information Obligation to deliver competent, trustworthy, and caring service
47
SUPPORT FOR ETHICAL DECISION- MAKING
Ethics committees Policies and procedures Organizational policies Foundational ethics education
48
Legal standards are enforced by
government entity
49
Ethical standards are enforced by
human principles
50
A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others
TORT LAW
51
The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the
plaintiff.
52
The person who is responsible for inflicting the injury and incurs liability for the damage is known as the
defendant or tortfeasor.
53
negligence refers to failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Malpractice liability based on negligence
54
Elements of negligence:
duty breached damages were evident direct causation defenses absent
55
once the duty of care is established, the plaintiff would need a set of quality evidence to prove that:
○ the information provided was materially deficient ○ the deficient information was a proximate cause of injury suffered ○ the recipient reasonably relied on the information provided ○ the information deficiency was due to failure to exercise reasonable care ○ the pharmacist knew or should have known that the safety or health of another may have depended on the accuracy of the information provided.
56
WAYS IN WHICH TORT LIABILITY CAN RELATE TO THE PROVISION OF DRUG INFORMATION:
● Incomplete information ● Inappropriate quality information ● Outdated information ● Inappropriate analysis/dissemination of information
57
T/F: Under informed consent, the defendant could assert that the patient knowingly assumed the risk for a new or experimental therapy or regimen
T
58
the allocation of responsibility for damages incurred between the plaintiff and the defendant, based on the relative negligence of the two
Comparative negligence
59
the wrongful acts or omissions of two or more persons acting independently, but causing the same injury.
Concurrent negligence
60
the attribution of liability on one person for the actions of another.
Vicarious liability
61
refers to the proposition that the employer is responsible for the negligent acts of its agents or employees.
Respondeat superior
62
Methods to protect against lawsuits
○ Contracts covering financial arrangements ○ Adequate documentation ○ Disclaimers ○ Insurance
63
T/F: Best way to avoid omission negligence is to learn from experience, anticipate mistakes that may appear in databases, and keep abreast of changes in DI sources.
T
64
Three Key Areas of Liability:
-learned intermediary rule, -doctrine of over-promotion, -Promotion of off-label use
65
assumption that consumer’s already has prior knowledge
Learned intermediary
66
Involves magazine, television, website, cellphone, and text advertisements, suggesting the use of various prescription drugs for medical conditions the viewer might experience and also suggesting the viewer ask their physician if the medication would be appropriate for them.
Direct-To-Consumer Advertising (DTCA)
67
specifies that prescription drug advertisements cannot omit material facts, and must present a fair balance between effectiveness and risk information.
Direct-To-Consumer Advertising (DTCA)
68
specifies that every risk addressed in the product’s approved labeling must also be disclosed in the advertisements
Direct-To-Consumer Advertising (DTCA)
69
requires that the advertisement contain a summary of “all necessary information related to adverse effects and contraindications.”
Direct-To-Consumer Advertising (DTCA)
70
involves use for indications not specifically approved by the FDA.
Off-label use
71
T/F: Once FDA approves a drug for marketing, a physician’s discretionary use of that product is not restricted to the uses indicated on FDA-regulated labeling.
T
72
Particularly important in the areas of oncology and acquired immunodeficiency syndrome (AIDS),
Off-Label Use and Informed Consent
73
DTCA on the internet is considered ________, rather than advertising and, as such, the FDA has principal authority to regulate it.
labeling
74
use of telecommunications and interactive video technology to provide health care services to patients who are at a distance.
Telemedicine
75
broader concept that includes marketing, relationship creation, advice, prescribing, and selling pharmaceuticals and devices in cyberspace.
Cybermedicine
76
pharmacist provide or use telecommunication in providing pharmacy services or in providing patient counseling or medication information.
Telepharmacy
77
T/F: patient information must never be disclosed on such sites.
't
78
This principle is considered of intrinsic value
JUSTICE