Ethical & Legal Issues in Medicine Flashcards
When do you not need a parent/guardian’s consent when treating minors
Emergency situations Treatment of STDs Prescription of contraceptives Medical care during pregnancy Treatment of drug or alcohol dependence
Advance Directives
Instructions given by patients in anticipation of the need for a medical decision
All hospitals (Medicare) must ask patients if they have AD and help them obtain them
Ie: power of attorney, living will
Priority order of family
Spouse Adult children Parents Siblings Other relatives
Reportable Illnesses
Chickenpox Syphilis Measles Mumps TB AIDS
(Not HIV status of genital herpes)
Pregnant women and HIV
A pregnant woman at high risk for HIV cannot be tested or treated for HIV against her will
Once baby is born, she cannot refuse to have her baby tested or treated for HIV
If a needle stick occurs its is acceptable to test a patient for HIV against the wishes of the patient
If HIV + person is putting someone else at risk, do NOT need to maintain confidentiality
3 times when physicians are not expected to maintain confidentiality
Patient is a suicide risk
Patient is homicide risk
Patient is suspected to be a child or elder abuser
Malpractice
Duty- Physician of record
Damages- the injury to the patient
Directly- injury caused by physician
Dereliction- substandard medical care
It is a tort/civil wrong, not a crime (jail time not an issue)
Punitive damages- designed to punish, not covered under malpractice
Good Samaritan Status
Protects you only from liability for actions that other competent person with similar training would take under similar circumstances
How is an impaired medical student reported?
Dean –> resident –> training director –> attending physician –> chief medical officer –> state licensing board
