Medical Law and Ethics Ch 1

litigious

What type of society do we live in?

American Medical Association Principles

a code of ethics for members of the American Medical Association

protocol

a code prescribing correct behavior in a specific situation, such as a situation arising in a medical office

ethics committee

committee made up of individuals who are involved in a patients care, including health practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases

precedent

decisions made by judges in the various court that become rule of law and apply to future cases, even though they were not enacted by a legislature; known as case law

law

rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority

Percival's Medical Ethics

written by the English physician and philosopher Thomas Percival in 1903

litigious

A society where patients, relatives, and others are inclined to sue health care practitioners, health care facilities, manufacturers of medical equipment and products, and others when medical outcomes are not acceptable

code of ethics

a list of principles intended to govern behavior

physicians, nurses, social workers, clergy, a patients family, members of the community, and other individuals involved with the patients medical care

who is usually on an ethics committee

Identify and clarify the problem, gather information, evaluate the evidence, consider alternatives and implications chose and implement the best alternative

5 step aid for approaching a problem

true

T/F An illegal act by a health care practitioner is always unethical, but an unethical act is not necessarily illegal

to help you function at the highest possible professional level and to help you avoid legal entanglements that can threaten your ability to earn a living as a successful health care practitioner

What are two important reasons for you to study law and ethics?

summary judgment

a decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial

bioethics

a discipline dealing with the ethical implications of biological research methods and results, especially in medicine

federal preemption

a doctrine that can bar injured consumers from suing in state court when the products that hurt them had met federal standards

Hippocratic oath

a pledge for physicians, developed by the Greek physician Hippocrates circa 400 BC

fraud

dishonest or deceitful practices in depriving or attempting to deprive another of his or her rights

breach of warranty, statements made by the manufacturer about the device or product that are found to be untrue, strict liability, for cases in which defective products threaten the personal safety of consumers, fraud or intentional deceit

health care equipment and product dealers and manufacturers can be held indirectly responsible for defective medical devices and products through charges of the following types

the rights, responsibilities, and concerns of health care consumers, the legal and ethical issues facing society, patients, and health care practitioners as the world changes, the impact of rising costs on the laws and ethics of health care delivery

knowledge of law and ethics can also help you gain perspective in the following three areas

liable

legally responsible or obligated

the code of Hammurabi

one of the earliest medical codes of ethics

moral value's

one's personal concept of right and wrong, formed through the influence of the family, culture, and society

common sense

sound practical judgment

medical ethicist or bioethicist

specialists who consult with physicians, researchers, and others to help them make difficult ethical decisions regarding patient care

etiquette

standards of behavior considered to be good manners among members of a profession as they function as individuals in society

ethics

standards of behavior, developed as a result of one's concept of right and wrong

critical thinking

the ability to think analytically, using fewer emotions and more rationality

compassion

the identification with and understanding of another's situation, feelings, and motives

plaintiff

the person bringing charges in a lawsuit

defendant

the person or party against whom criminal or civil charges are brought in a lawsuit

courtesy

the practice of good manners