CH. 1-4 Test Review Law & Ethics

steps in critical thinking

1. identify and clarify a problem 2. gather information 3. evaluate the evidence 4. consider alternatives and implications 5. choose and implement the best alternative

felony

a crime punishable by death or by imprisonment in a state or federal prison for more than 1 year EX: abuse, arson, burglary, conspiracy, embezzlement

partnership

a form of medical practice management system whereby two or more parties practice together under a written agreement specifying the rights, obligations, and responsibilities of each partner. advantages: sharing workload and expenses, pooling profits and assets. Disadvantage: each partner has equal liability for the acts, conduct, losses, and deficits of the partnership

code of ethics

a list of principles intended to govern behavior

licensure

a mandatory credentialing process established by law. usually at the state level

rule of utilitarianism

a person makes value decisions based on a rule, that if generally followed would produce the greatest balance of good over evil, everyone considered

'D' needs

aka definition needs. Maslow's stages 1-3 (1. basic/food 2. safe environment 3. to belong and to be loved)

compassion

aka empathy. the identification w/ and understanding of another's situation, feelings, and motives; sincerely attempting to know how the pt feels, rather than feeling sorry for them(sympathy)

deductible

amounts are specified by the insurance plan for each subscriber

battery

an action that causes bodily harm to another.

negligence

an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances. it is charged when health worker fails to exercise ordinary care, and a pt is injured

moral values

beliefs formed through the influence of family, culture, and society. purpose is to serve as a guide for personal ethical conduct. also serves as a basis for forming a personal code of ethics

revocation of a drs license

can be revoked for conviction of a felony, unprofessional conduct, or personal or professional incapacity. unprofessional conduct (gross immortality for unprofessional conduct) would include falsifying records, using unprofessional methods to treat a disease, betrayal of pt confidentiality, fee splitting, and sexual misconduct

criminal law

crimes against the state. gov't brings criminal charges against the alleged offender. state criminal laws: murder, arson, rape, burglary. Federal criminal laws: matters affecting national security (treason), country's borders, illegal acts that cross state lines (kidnapping, hijacking)

hippocratic oath, percivals medical ethics

current: American Medical Association Principles of Medical Ethics. principles: welfare of pt must be foremost in all decisions and actions, pts have right to make own decisions and that right must be respected, first do no harm, make fair and equitable decisions, by loyal, honest, and reliable w/ pts, family, other workers, be truthful, confidentiality

bioethics

discipline relating to ethics concerning biological research, especially applied to medicine. its purpose is to allow scientific progress in a manner that benefits society in all possible ways

civil law

doesnt involve crimes, but instead wrongful acts against persons. under civil law, a person can sue another person/business/government (EX: conract violation, slander, libel, trespassing, product liability, auto accident)

medical practice acts

established by statute to govern the practice of medicine in all 50 states. primary mandates of medical practice acts are to 1. define practice of medicine in each state 2. explain requirements and methods for licensure 3. provide for the establishment of medical licensing boards 4. establish grounds for suspension or revocation or license 5. give conditions for license renewal

contracts can be voidable?

failure to pay services, to keep appointments, to follow drs instructions, and if a pt seeks the services of another physician

post conventional morality stage 1

focuses on social contract and individual rights. a contract is accepted when people freely enter into work for the benefit of all and for a pleasant society. ppl explore how to balance individual rights and a fair society for all

formalized code of ethics

generally consist of a list of general principles, and are often available to laypersons as well as members of health care practitioner organizations. Most places include 'what would you do' situations

judicial

headed by us supreme court. includes federal judges and courts in every state. interprets the law and oversees the enforcement of laws

technical skills

include the abilities you have acquired in your course of study. EX: computer literacy, proficiency in English, science and math, a willingness to learn new skills and techniques, an aptitude for working with hands, ability to document well, and ability to think critically

administrative law

includes statutes enacted to define specific powers and procedures when agencies are created. these agencies are created by congress, the President, or individual state legislatures. regulations may be passed that pertain specifically to functions of 1 agency (EX: IRS< SSA< OSHA)

fraud

intentional deceit. depriving or attempting to deprive another of their rights. professionals can be accused of fraud for promising pts miracle cures

confidentiality

keeping medical information strictly private

case law

law set by legal precedent. it began with common law

summary judgement

legal term for a decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial, b/c there is no genuine issue of material fact. it is available only in civil action

misdemeanor

less serious crimes than felonies. punishable by fines or imprisonment in a facility other than a prison for 1 year or less EX: traffic violations, thefts under certain $ amount, attempted burglary, disturbing the peace

expressed contract

may be written or oral, but all terms are explicitly stated

respondeat superior

means 'let the master answer'. a doctrine under which an employer is legally liable for the acts of their employees, if such acts were performed within the scope of the employee duties

specialists/generalists

med students are 3 times more likely to specialize than to remain generalists or PCPs. Reasons: higher financial aid compensation, decreased prestige for generalists, medical training most often provided in tertiary settings, decreased exposure to generalist role models, lack of attractiveness of general practices

accreditation

official authorization or approval for conforming to a specified standard. 3 advantages: 1. assurance of high quality standards at school 2. opportunity for financial aid 3. better chance at transforming credits. EX: CAAHEP and ABHES, accredited by TJC

accessory

one who contributes to or aids in the commission of a crime by a direct act, an indirect act, watching and not aiding, or by concealing crimes of others

nonmalificence

paraphrased from the hippocratic oath, means the duty to do no harm. its a difficult principle to follow, since newer drugs can heal, but can also cause many problems. EX: morphine. the benefit to the pt must always outweigh the harm

contractual capacity

parties who enter into the agreement must be capable of fully understanding all of its terms and conditions EX: mentally disabled, on medications, etc..must have mental capacity to go into contract, otherwise it can be avoidable

litigious

prone to engage in lawsuits

virtue ethics

refers to the theory that people who have moral virtues will make the right decisions. focuses on the traits, characteristics, and virtues that a moral person should have

capitation

set advance payments made to providers, based on the calculated cost of medical care of a specific population of subscribers

the president

signs or vetoes the bill. congress may override a veto by a 2/3 vote in both House and Senate. he is the chief executive of the executive branch, which is responsible for administering laws

coinsurance

the amount of money the plan member must pay out of pocket after insurance plan pays its share

common law

the body of unwritten law developed in England, primarily from judicial decisions based on customs and tradition

autonomy

the capacity to be ones own person, to make decisions based on ones own reasons and motives. to not be manipulated or dictated by external forces

implied contract

the conduct of the parties, rather than expressed words, creates the contract. most contracts in the medical office are implied

utilization review

the method used by a health plan to measure the amount and appropriateness of health services used by its members

reciprocity

the process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexaminations

abraham maslow

theories on 'motivation and personality'. identified as an hierarchy of needs that motivates our actions.

members of congress

there are 2 houses of congress: senate and house of representatives, which make up the legislative branch. each member of congress is elected by people of state. primary duties are to write, debate, and pass bills, which are then passed to president. also, approving the printing of money, making laws about taxes and borrowing money, trade control..

elements of a contract

to be legally binding, the contract must contain: 1. agreement 2. consideration 3. legal subject matter 4. contractual compacity

people skills

traits and capabilities that allow you to get along well w/ others and to relate well to pts or clients in a health care setting. include: a relaxed attitude when meeting new people, understanding of and empathy for others, good communication skills, including writing, speaking, and listening, patience in dealing w/ others, to impart info clearly, keep it confidential...

principle of utility

used in utilitarianism; requires that the rule used in making a decision must bring about positive results when generalized to a wide variety of situations

hospital ethics committees

usually consist of drs, nurses, social workers, clergy, pt family, community members, medical ethicist. when difficult situations arise, a consultation w/ the committee can be requested. can be standing or as needed. they dont make binding decisions, but help to clarify the facts and w/ conflict resolution

checks and balances

will keep any one branch from assuming too much power