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Arts and Humanities
Medical Ethics & Liability Chapter Test
Terms in this set (60)
what are moral principles?
the principles of right and wrong accepted by an individual or a social group
what are ethical problems?
Involve situations where there are conflicts between one or more values and uncertainty about the correct course of action.
what are ethical uncertainty?
refers to grey areas in the law that make it difficult to predict how a court will apply a given law to a particular action
what are ethical distress?
occurrence when health professionals knows the right thing to do but either personal or institutional factors make it difficult to follow the correct course of action
what are Ethical violations?
actions or failures to act that breach fundamental duties to persons receiving care or to colleagues and other healthcare providers
what are Ethical Considerations?
Revealing vs. protecting sources, deception, privacy, conflict of interest
When can a physician release patient information?
when patient authorizes or if the release is required by law
What kind of patient information must be reported according to state and federal laws?
-birth and death
-cases of violence
-cases of abuse
-cases of contagious, infectious, or communicable diseases
Uniform Anatomical Gift Act of 1968
allows persons 18 years and older of sound mind to make a gift of all or any part of their body
who can make organ decisions?
The donor and the family if the donor did not decided while living
T/F: money will be received for organ donation
who have been the primary organ donors to the wealthy?
local patients of india, philippines, Thailand
What ethical issue is related to manipuated stem cells/cultivated donor tissue?
growth of tissue and organs
Miranda warnings (1991)
patient legal options for refusing or accepting treatment if they're incapacitated
who signed the miranda warning law?
president George Herbert Walker
two catergories of legal matter
-private law or civil law
Public law includes
constitutional law, administrative law, criminal law, statutory law, international law, common law
What is criminal law?
A law that defines crimes against the public order or citizens
private law or civil law
deals with the rights and duties that exist between persons
what laws are included in private or civil laws?
contracts, ownership of property, practice of medicine, nursing, pharmacy, and dentistry
which law affects practice of medicine?
primarily private law or civil law, specifically by contract and tort law
What is a crime?
a violation punishable by the state
What is a tort?
civil court deals with damages usually settledwith money
T/F: crime more serious than a tort
what intention is tied to tort?
intentional or unintentional (negligence)
Examples of tort
assault and battery, defamation of character, invasion of privacy, false imprisonment, and fraud.
What is negligence?
failure to take proper care in doing something
4 categories of negligence
malfeasance, misfeasance, nonfeasance, contributory negligence
What is malfeasance?
wrongdoing or bad conduct by a public official
What is misfeasance?
The performance of a lawful act in an illegal or improper manner
What is nonfeasance?
The failure to act when one should
What is contributory negligence?
patient's contribution to the injury, which if proven would release the physician as the direct cause
4 D's of negligence
duty, dereliction, direct cause, damages
What is invasion of privacy?
revealing personal information about an individual without his or her consent
medical malpractice insurance
a type of liability insurance that covers physicians and other health care professionals for liability claims arising from patient treatment.
what is ethical residue?
health professionals experience when they seriously compromise themselves or allow themselves to be compromised
what is Ethical Disengagement?
Begin to see the disregard of their ethical commitments as normal (unkind, not compassionate, cruel) to persons receiving their care.
what is Ethical Courage?
Willingness to pay the personal price for standing up against unethical practices.
Patient Self-Determination Act of 1990
protects patient rights including the right to agree to or refuse medical treatment
What is a living will?
A document that indicates what medical intervention an individual wants if he or she becomes incapable of expressing those wishes.
Durable Power of Attorney (POA)
a document that permits an individual to appoint another person to make any decisions regarding health care if the principal should become unable to make decisions
What is administrative law?
The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.
What is litigation?
the process of taking legal action; lawsuit
What is a misdemeanor?
(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct
What is a felony?
regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death; state/federal penitentiary
What is assault?
bodily contact without their consent
What is battery?
violence, angry, and violent or negligent touching a persons body or clothes
What is fraud?
willful and purposeful misrepresentation that could cause, or has caused, loss or harm to people or property
what is interrogatories?
A series of written questions for which written answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath.
What is the verdict?
the decision a jury makes in a trial; the decision said by the jury
Statute of Limitations
The time within which a case must be commenced. (~ 1-5 yrs)
what are the 5 types of damages common in tort?
nominal, punitive, compensatory, general, and special damages
What are risk management strategies?
using strategies to reduce the amount of risk (the degree of likelihood that a person will become ill upon exposure to a toxin or pathogen).
HIPAA (Health Insurance Portability and Accountability Act) 1996
How to use and disclose patient information for patient privacy
Patient rights under HIPAA
1. receive a copy of Notice of Privacy Practices
2. request restriction of use for treatment payment options
3. request confidential communication
4. access and copy information
5. requests for amendments
6. an accounting of disclosures
7. right to notification of a breach
consent given by adults who are of legal age and mentally competent to make a rational decision in regard to their medical well-being
What is informed consent?
an ethical principle that research participants be told enough to enable them to choose whether they wish to participate
Good Samaritan Law 1959
Provides limited protection to someone who voluntarily chooses to provide first aid
what are medical records?
Files that contain the documentation of patients' medical history, record of care, progress notes, correspondence, and related billing/financial information.
what is a Compliance Reporting?
conforming to a rule, such as a specification, policy, standard or law
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