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Law & Ethics Midterm
Midterm Study
| Term | Definition |
|---|---|
| Plaintiff | Person bringing charges in a lawsuit |
| Defendant | Person/Party against whom criminal/civil charges are brought against |
| Precedent | Decisions made by judges in various courts that become rule of law and apply to future cases, eventhough not enacted by a legislature (Case Law) |
| Summary Judgment | A decision made by a court in lawsuit in response to motion that pleas there is no basis for a trial |
| Law | Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling institution, to keep society running smoothly (minimum standard) |
| Ethics | Standards of behavior, developed as result of one's concept of right and wrong |
| Moral Values | One's personal concept of right and wrong formulated by influence of society, culture and family |
| Code of Ethics | List of principles intended to govern behavior (in reference to caring for the sick) |
| Ethics Guidelines | (usually in book form) Publications that detail a wide variety of ethical situations that professionals may face in work and offer principles for dealing with them in an ethical manner |
| Hammurabi | 2250 BCE - Babylonians - Document discussed conduct expected of physicians at that time, including fees that could be charged |
| Hippocrates (Father of Medicine) | 400 BCE - Pledge for physicians influenced by practices of the Greek physician Hippocrates |
| Bioethics | Discipline dealing with ethical implications of biological research methods and results (in medicine) |
| Etiquette | Stands of behavior considered to be good manners among members of a profession as they function as individuals in society |
| Protocol | Code prescribing correct behavior in specific situations, such as arising in a medical office |
| 3 C's | Compassion, common sense, courtesy |
| Common sense | sound practical judgement |
| courtesy | practice of good manners |
| compassion | empathy - identifying with and understanding of another's situation, feelings and motives. (Put yourself in another's shoes) |
| Critical Thinking | Ability to think analytically, using fewer emotions and more rationality |
| Critical Thinking Skills (5 steps) | I.D and clarify problem. Gather info. Evaluate the evidence. Consider alternatives and implications. Choose and implement best alternative. |
| People Skills | Relaxed attitude, Understanding and empathy of others, Good communication skills (writing, speaking, listening), Patience, able to be a team, impart info clearly & accurately, private things at home, keep info private & confidential, trustworthiness |
| Technical Skills | PC literate, Proficiency in English, math, science, willingness to learn skills and techniques, aptitude for working with hands, ability to document well and think critically. |
| Value Theory Development (3 Value choice Theories) | When people see the same situation yet determine different methods to handle problem: Teleological/Consequence-oriented, Deontological/Duty-Oriented, Virtue Ethics |
| Value Theories do NOT account for | How values can be subjective. How two moral people can reach different solutions to same problem. |
| 2 Reasons to study Law & Ethics | To help you function at highest possible professional level, providing competent, compassionate health care. To help avoid legal entanglements that threaten livelihood as a health care professional. |
| Law & Ethics can help gain perspective in 3 areas: | Rights, responsibilities & Concerns of health care consumers. Legal & Ethical issues facing society, patients and HCP's as the world changes. Impact of rising costs on the laws and ethics of health care delivery. |
| What is the purpose of having formalized codes of ethics in Health Care? | To govern behavior of members and increase the level of competence and standards of care within the group. Ex. of groups: American Nurse Association Code for Nurses, American Medical Assoc. Code of Medical Ethics, American Society of Radiologic Tech |
| Percival's Medical Ethics | English PhD. Thomas Percival - 1803 superseded earlier codes to become the definitive guide for a physicians' professional conduct. Earlier codes didn't address Experimental medicine (if Tx served highest good) |
| American Medical Association Principles 1847 | Philadelphia - Group revised a code of ethics based on Percival's code. Currently called: American Medical Association Principles of Medical Ethics. Revised and updated and summarizes position of the AMA on ethical treatment of patients |
| Code of Ethics for Health Care Practitioners Generally Subscribe to these Principals (4 of 7) | 1 Welfare of patient must be foremost in all decisions and actions. 2. Patients have right to make own decisions and that right must be respected 3. First, do no harm. 4. Make fair and equitable decisions. |
| Code of Ethics for Health Care Practitioners Generally Subscribe to these Principals (5-7) | Be loyal, honest and reliable in dealing with patients, their families and other HCP's. 6. Be truthful. 7. Keep patients' medical concerns and TX confidential & Private!! |
| Members of AAMA Pledge to: | A. Render Service with full respect for dignity of humanity. B. Respect confidential info obtained via employment, unless legally authorized/required by responsible performance of duty to divulge such info. |
| Members of AAMA Pledge to: | C. Uphold honor and high principles of the profession and accept its disciplines. D. Seek to continually improve the knowledge & skills of MA's for the benefit of patients and professional colleges. |
| Members of AAMA Pledge to: | E. Participate in additional service activities aimed toward improving the health and well-being of the community. |
| The Medical Assisting Creed of the AAMA | I believe in the principles and purposes of the profession of Medical Assisting. I endeavor to be more effective. I aspire to render greater service. I protect the confidence entrusted to me. I am dedicated to the care and well-being of all people. |
| The Medical Assisting Creed of the AAMA | I am loyal to my employer. I am true to the ethics of my profession. I am strengthened by compassion, courage and faith. |
| Maslow's Hierarchy of Human Needs | D Needs: (Deficiency) Basic life, food & Shelter, Safe/Secure Environment, To Belong & Be Loved. B Needs: (Being) Esteem, Self Actualization |
| Needs Based Motivation | Maslow's Theory of human behavior is based on human needs that need be met in specific order. |
| Value Development Theories: Jean Piaget - 4 levels or morals of development | Individual development of value systems are in stages from birth to adulthood; observed children at play (Jean Piaget) |
| Jean Piaget - 4 levels or morals of development (1st 2 levels) | Birth to 2 - Sensorimotor Stage. Totally self-centered. Kids explore with 5 senses and can't see another's point of view. 2-7 - Preoperational/Egocentric Stage: Dev awareness of things & people. View from own perspective. Focus is fun; not on rules. |
| Jean Piaget - 4 levels or morals of development (Levels 3 &4) | 7-12 - Concrete Operational Stage: Kids see things as right or wrong and adults as controlling and powerful Formal Operational: abstract thought and different degrees of wrongdoing. "A lie isn't true." Lying and Stealing are central decisions to be made. |
| Lawrence Kohlberg - laid groundwork for moral development and expanded on Piaget's Theory 6 Stages; 3 Levels | 1t Level - Pre-conventional (2-7) Egocentric. 2nd stage kids see there is more than one view vs. just right and wrong. Begin to accept authority. |
| Kohlberg - 6 Stages; 3 Levels | 2nd Level - Conventional Morality (7-12) kids begin to conform to societal expectations est. by parents and society. "good boy/girl" Focused on following expected social conventions and demo good intention. 2nd Stage: duty & Rules, respect authority. |
| Kohlberg - 6 Stages; 3 Levels | 3rd Level - Post-conventional Morality (12+) 2 Stages: 1st, focuses on social contract and individual rights. Social contract is accepted when people enter into work freely for benefit of all. Focus on how to balance indiv. rights and fair society. |
| Kohlberg - 6 Stages; 3 Levels | 3rd Level 2nd stage: Post-conventional morality - universal principles. personal commitment to UP's as social justice, rights and respect for dignity of all. Conventional norms are necessary to uphold society. Conflict; follows basic principals. |
| Kohlberg Level example: | Pre-conventional - Reward and punishment. Conventional - please others & maintain good society. Post-conventional - moral principles broader than any society. |
| Virtue Ethics | Refers to theory that people who have moral virtues will make the right decisions. focuses on: characteristics, traits & virtues a moral person should have. |
| Teleological or Consequence-Oriented Theory | Decision-making that judges the rightness or wrongness based on the outcomes or predicted outcomes. |
| Act-Utilitarianism (Teleological or Consequence Theory) | Persona makes value decisions based on results that will produce greatest balance of good over evil., everyone considered. |
| Rule-Utilitarianism (T or C Theory) | Person makes value decisions based on a rule, that if generally followed would produce greatest balance of good over evil, everyone considered. |
| Principal of Utility | Requires that the rule used to make decision be a rule that brings about positive results when generalized to a wide variety of situations. No absolute truths. |
| Deontological or Duty-Oriented Theory - Immanuel Kant: "Father of Duty Oriented Theory" | Focuses on rightness or wrongness of the act; not the outcome / consequences of the act. Depends on Intrinsic nature. "The Golden Rule". Not okay to break promise to save a 3rd party. |
| Categorical Imperative (Duty Oriented Theory) | The guiding principle for all decision making. No exceptions (categorical) from the rule (imperative). The right action is based on a Determined principle, regardless of outcome. |
| 7 Principals of Health Care Ethics | Autonomy. Beneficence. Nonmaleficence. Confidentiality. Justice. Role Fidelity. Veracity. |
| Autonomy | Auto(self) nomos(governance). Capacity to be one's own person, make own decisions, w/o being manipulated by external forces. Competency, Ability to Act on decision, Respect for autonomy of others. |
| Beneficence | Acts of charity. Acts performed by a HCP to help people stay healthy or recover from illness. |
| Nonmaleficence | Duty to do no harm. Ex. Paramedic panics and does nothing. |
| Confidentiality | Keeping medical info strictly private. Ex HIPAA. Protect PC medical info, honor requests to not tell family members w/o patient's informed consent in writing. Follow communication improvement guidelines. |
| Justice | Providing to an individual what is due to them. |
| Role Fidelity | Practice within specified scope of profession. (Licensed, Registered, Certified etc..) |
| Veracity | Truth Telling. |
| Liable | Legally responsible/obligated. Accountable Under the law. |
| Licensure | Mandatory credentialing process est. by law; usually at state level, granting right to practice certain skills and endeavors. |
| Certification | Voluntary credentialing process. Applicants meet specific requirements and may receive a certificate. |
| Registration | Entry in official registry or record listing names of persons in a certain occupation who satisfied specific requirements, having paid a fee or met a certain level of education. |
| Accreditation | Official authorization or approval for conforming to specified standard, for health care education programs, HC facilities and Managed care plans. Assurance of high quality standards at your school. Fed/state fin aid programs. Transferable credits. |
| Two Accrediting agencies for HCP education programs: | CAAHEP and ABHES. Usually voluntary. Most include intern/externship/practical work experience. TJC The Joint Commission accredits HC orgs that meet certain standards. |
| TJC The Joint Commission - | General psyche, Children and rehab hospitals, critical hospitals, HMO's PPOs, Behavior health orgs, home care orgs, home health services, personal care, home infusion, pharmacies, equipment, hospice, long term care nursing homes are examples. |
| TJC | ex. ambulatory providers, outpatient surgery, group practices, office based surgery, clinical labs, donor centers, public health labs. |
| TJC | Must undergo on site survey every 2 years and Labs surveyed every 2 yrs. |
| NCQA (National Committee for Quality Assurance) | Independent, nonprofit org that evaluates and reports on quality of the nation's managed care organizations. Evaluates in 3 ways: onsite review, HEDIS - data used to meas. performance, Surveys. Voluntary participation |
| Reciprocity | Process where a professional license obtained in one state may be accepted as valid in other states via prior agreement w/o re-examination. |
| Endorsement | Process where a license may be awarded based on credentials judged to meet licensing requirements in a new state of residence. |
| (DO) Doctor of Osteopathy Degree | 12 yrs or more. Graduate with BA (sciences) + from 4 yr premed with concentration, pass USMLE "boards" + Residency 2-6 for specialty. Musculoskeletal and correction of joint/tissue issues. |
| (MD) Doctor of Medicine | 12 yrs or more. Graduate with BA (sciences) + from 4 yr premed with concentration, pass USMLE "boards" + Residency 2-6 for specialty. Trained in Allopathic "different suffering" medicine. Drubs/surgery. |
| Med students 3 x more likely to specialize | than remain generalists or PCP's. Higher fin. compensation, Decreased prestige for generalists, med training provided in tertiary care settings, decreased exposure to generalist role models, lack of attractiveness in rural areas. |
| Medical Practice Acts | State laws written for express purpose of governing the practice of medicine. Each state defines "practice of medicine". Explain req. and methods for licensure. Provide for establishment of boards, grounds for suspension/revocation/renewal of license. |
| Caveat Emptor | Latin for let the buyer beware, meaning the buyer assumes the risk in a transaction. |
| Qui tam | Whistle Blower (provisions of the False claims Act; private citizens are allowed to bring civil action on behalf of the US and share any recovery obtained. |
Created by:
MCasler
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