AHS 321 Final Exam

respondeat superior

"let the master answer"; an aphorism meaning that the employer is responsible for the legal consequences of the acts of the servant or employee who is acting within the scope of his or her employment

Tort

A civil wrong committed by one individual against another. May be classified as either intentional or unintentional. When it is classified as a criminal wrong (assault, battery, false imprisonment), the wrongdoer can be held liable in a criminal and/or civil action

patient self determination act of 1990

A federal statute that was enacted to ensure that patients are informed of their rights to execute advance directives and accept or refuse medical care. As a result of implementation of the PSDA, healthcare and Medicaid reimbursement programs must address patient rights regarding life sustaining decisions and other advance directives.

good faith reporting

A genuine belief that the facts in a report of abuse are true, which protects mandated reported such as physicians or nurses from lawsuits should the report turn out to be erroneous or unsubstantiated. The definition of good faith as used in a child abuse statute may vary from state to state; however, when a healthcare practitioner's medical evaluation indicated reasonable cause to believe a child's injuries were not accidental, and when the healthcare practitioner is not acting from a desire to harass, injure, or embarrass the child's parents, making the report will not result in liability.

Which of the following is not a type of implicit bias?

A negative belief that you suppress

Which of the following statements are true about the implicit association test, with respect to the different sets of trials

Any difference in response speed between different sets of trials matter. Fast response time in some trials reflect stronger associations for those specific concept pairings.

ultra vires act

Acts conducted by a corporation that lie beyond its scope of authority to perform. A governing body can be held liable for acting beyond its scope of authority, which is either expressed (e.g., in its articles of incorporation) or implied in law.

reporting abuse

All states have enacted laws to protect abused children Good faith reporting statutes -generally require mandatory reporting. -provide immunity for good-faith reporting. -clear documentation and photographs should be provided where possible

implied consent

An act of silence that raises a presumption that consent has been provided and care has been authorized. For example, a person found unconscious by a roadside will be taken into a healthcare facility and given care regardless of his inability to authorize his care based on the presumption that if he were able to, he would provide authorization

What is not a benefit of becoming aware of your biases

By bringing awareness of your automatic attitudes to the surface, you can work to suppress them

Mr. D is a middle school teacher. They were called in during their lunch break to make disciplinary decision regarding a student in their class. The students was walking around in the hallway during the lunch hour. While the explicit discipline policy is very lenient and consists of verbal warning, teachers will sometimes recommend a detention if they believe the student demonstrates a pattern of this behavior. While Mr. D knows their decision making capabilities contain bias, they are poised to make a quick discipline judgement rather than examining the full details. This is because they are already missing most of his lunch time and their mind is racing on how to prepare their lessen for next period. They have a lot on their plate. Which of the following factors that increases the likelihood that implicit bias will occur is the most relevant to this scenario?

Compromised cognitive control- high cognitive load

Although implicit bias can affect a wide range of discipline decisions, which of the following instances is most likely to reflect a biased decision

Disciplining a student for being disruptive, such as talking too loudly or being insubordinate

privacy act of 1974

a federal statute enacted to safe guard individual privacy from the misuse of federal records, to give individuals access to records concerning themselves that are maintained by federal agencies, and to establish a privacy protection safety commission

nonfeasance

Failure to act, when there is a duty to act, as a reasonably prudent person would in similar circumstances

Only negative biases can have negative outcomes (T/F)

False

Mr. J is an English literature teacher. He explicitly expresses the idea that all of his students can succeed and does his best to view his students equally. Moreover, he recognizes the importance of diversity, and consistently infuses his curriculum with multicultural literature. However, Mr. J also knows that he hold negative implicit biases towards identities that some of his students possess. In his attempt to reduce the effects of bias in his work, Mr. J reaches out to you in order to help him identify ways that his implicit biases may influence his class. Where are areas where implicit biases may disrupt his intention to ensure his students' academic success?

His ability to evaluate the quality of is students' work equitably, his perceptions of students experiences and skills, what perspectives and background Mr. J chooses to highlight in his curriculum.

child abuse

a person younger than 18 whose parent or other person legally responsible for care: -inflicts physical injury -allows, permits, or encourages a child to engage in unlawful conduct

negligence

Omission or commission of an act that a reasonably prudent person would or would not do under given circumstances. It is a form of heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on members of a society

Which is not the best metaphor for how our minds learn and unlearn biases

Our brain is like a statue. It is artfully complex and static. No matter how much new information and experiences we acquire, our mind remains unchanged

What is the main distinction between our implicit and explicit biases?

Our implicit preferences tend to engage our automatic processing while our explicit preferences involve more deliberate processing

right to refuse treatment

Patients have a right to refuse treatment & be secure from any touching. A competent adult patient has right to decline any & all forms of medical intervention, including lifesaving or life-prolonging treatment.

patient responsibilities

Patients must: - ask questions of their providers. - provide accurate information to providers. - follow the care plan agreed upon with their providers.

Malpractice

Professional misconduct, improper discharge of professional duties, or failure to meet the standard of care of a professional that results in harm to another; the negligence or carelessness of a professional person such as a nurse, pharmacist, physician, or accountant

adequacy of consent

Provide as much information about treatment options as necessary based on a patient's personal understanding of the physician's explanation of the risks of treatment probable consequences of the treatment needs of each patient can vary depending on age, maturity, and mental status.

patient abuse

The mistreatment or neglect of individuals in the healthcare setting. Often occurs to those who are most vulnerable and dependent on others for care. Not limited to an institutional setting and may occur in the patient's home. Physical, psychological, medical, financial, etc.

emergency medical treatment and active labor law (EMTALA)

a 1986 law that forbids medicare participating hospitals from dumping patients out of emergency departments

ethics in patient referral act of 1989

a 1989 federal law prohibiting physicians who have ownership interest or compensation arrangements with a clinical laboratory from referring medicare patients to the laboratory. Requires all medicare providers to report the names and provider numbers of all physicians or their immediate relatives with ownership interests in the provider entity prior to october 1, 1991

darling v. charleston community memorial hospital

a benchmark case in which the court enunciated a "corporate negligence" doctrine under which hospitals have a duty to provide adequately trained medical and nursing staff. A hospital is responsible, in conjunction with its medical staff, for establishing policies and procedures for monitoring the quality of medicine practiced within the hospital

patient protection and affordable care act (2010)

a federal act passed by congress, signed into law by president obama in march 2010, upheld as constitutional by the supreme court in 2012, designed to provide better health security by enacting comprehensive health insurance reforms that hold insurance companies accountable, lower health care costs, guarantee more choice, and enhance the quality of care for all americans

sarbanes-oxley act

a federal law that requires top executives of public corporations to vouch for the financial reports of their companies. Encourages self regulation and the need to promote due diligence, select a leader with morals and core values, examine incentives, constantly monitor the organization's culture, build a strong, knowledgeable governing body, be on the alert for conflicts of interest, focus attention on the right things, and have the courage to speak out

invasion of privacy

a wrong that invades the right of a person to personal privacy. Disregard for a patient's right to privacy is legally actionable, particularly when patients are unable to protect themselves adequately because of unconsciousness or immobility.

health insurance portability and accountability act (HIPAA)

an act designed to protect the privacy, confidentiality, and security of patient information

office of government ethics (OGE)

an agency within the executive branch of government whose mission and goals is to foster high ethical standards for employees in the executive branch of government

guardian

an individual whose task is to protect the interests of and make decisions for a person who is incapable of making their own decisions

intentional tort

an intentional act that causes harm to another

assault

an intentional act that is designed to make the victim fearful and produces reasonable apprehension of harm

detecting abuse/indicators

bruises, burns, broken bones, failure to thrive, no control of aggression, self destructive impulses, acting out, aggression, decreased intellectual ability

capacity to consent and declaring a person incapacitated

can consent: understand risks, benefits, and alternatives, evaluate info from physician, voluntarily can make decision without influence cannot consent: must determine patient lacks capacity, make note of it in medical records describing why they cannot

infliction of mental distress

conduct that is so outrageous that is goes beyond the bounds tolerated by a decent society

corporate governing body

corporate authority, has the ultimate responsibility for the decisions made in the organization. delegates responsibilities for day to day operations to the organizations chief officer

accreditation and conflict of interest

corporate duty and responsibility; apply with accreditation standards and protocols, must be in compliance to receive funding, avoid situations where one has opportunity to promote self interests that could have detrimental effect on an organization

implied authority

corporate powers are not specifically granted in articles of incorporation. When there is a need that is not specifically stated in the articles of incorporation

express authority

delegated by statute, derive authority from the laws of the state in which they are incorporated

committee on ethics (house of representatives)

designated the "supervising ethics office" for the house of reps, only standing committee of the HOR with membership divided evenly by party -common ethical issues: gifts from outside sources, between employees, conflicting financial interests, remedies for financial conflicts, impartiality in performing official duties, seeking other employment, misuse of position

Equitable civic engagement principles

embracing the gifts of diversity, realizing the role of race power and injustice, radical hospitality, trust building and commitment, honoring dissent and embracing protest, adaptability to community change

psychological abuse

emotional harm caused by threatening, frightening, isolating, intimidating, humiliating, or insulting a person

malfeasance

execution of an unlawful or improper act

types of authority

express and implied

corporate negligence

failure by a corporation to perform those duties it owes directly to a patients or to anyone else who a duty may extend. If such a duty is breached and a patient is injured as a result of that breach, the organization can be held culpable

In order to accurately measure implicit biases, you must become consciously aware of the associations you hold (T/F)

false

People know all their own biases; they just know they cannot or should not say those beliefs aloud, so they hide them (T/F)

false

the IAT is the only way to assess implicit attitudes (T/F)

false

Which of the following is an example of the ways that implicit bias affects systemic inequities beyond the classroom

implicit bias can interrupt pipelines to higher education, can lead to inequitable evaluations of work samples or job qualifications, a contributing factor for diverting students toward the school to prison pipeline, impacts who is considered for mentorship or leadership opportunities

misfeasance

improper performance of an act resulting in injury to another

defamation of character

injury of a person's reputation or character caused by the false statements of another made to a third person. Includes both libel and slander

battery

intentional touching of one person by another without the consent of the person being touched

good samaritan laws

laws designed to protect those who stop to render aid in an emergency. These laws generally provide immunity for specified persons from a civil suit arising out of care rendered at the scene of an emergency, provided that the one rendering assistance has not done so in a grossly negligent manner

informed consent

legal concept that provides that a patient has the right to know the potential risks, benefits, and alternatives of a proposed procedure prior to undergoing a particular course of treatment. Implies that a patient understands a particular treatment, including the risks, benefits, and alternatives, is capable of making a decision, and gives consent voluntarily

sources of public policy

legislation; administrative rules, regulations, decisions; judicial decisions

Three types of negligent acts

malfeasance, misfeasance, nonfeasance

Interventions at the individual level

mindfulness, intergroup contract, taking time to evaluate the impact bias on your decision making rather than assuming objectivity

reporting senior abuse

most states have laws, less likely to be reported than child abuse, physical and emotional neglect as well as verbal and financial abuse are perceived as the most prevalent forms

political malpractice

negligent conduct by an elected or appointed political official that results in care lower than the accepted standard

three elements of a contract

offer/communication, consideration, acceptance

professional who is responsible for explaining risks, benefits, and alternatives

physician

Title VI: civil rights act of 1964

prohibited the practice of racial discrimination by any organization or agency receiving money under any program supported by the department of health and human services. Includes all "providers of service" receiving federal funds under Medicare legislation

codes of ethics for organizations

provide guidelines for behavior that help carry out an organization's mission, vision, and values

US judicial code of conduct

provides guidance for judges on issues of -judicial integrity and independence -judicial diligence and impartiality -permissible extrajudicial activities -avoidance of impropriety or even its appearance

fourteenth amendment

states cannot deny any person equal protection of law, shall not make or enforce any law which shall abridge privileges or immunities of citizens, shall not deprive any person of life, liberty or property without due process of law, shall not deny any person equal protection of laws

senior abuse

the harmful treatment of older people and includes abandonment; emotional, financial, verbal, mental, sexual, or physical abuse; corporal punishment; and involuntary restraint and seclusion

public policy

the principle of law that holds that no one can lawfully do that which tends to be injurious to the public or against the public good

patient rights

the right to safety, the right to be informed, the right to choose, and the right to be heard

false imprisonment

the unlawful restraint of an individual's personal liberty or the unlawful restraint or confinement of an individual

false or misleading advertising

unethical conduct, hospitals advertise their quality by how well a third party evaluates them; often a brief cursory 3-5 day visit. some hospitals cared more about the number they received instead of actual quality

proof of consent

verbal, written, implied

Teacher's implicit biases have been shown to impact which of the following

who they determine needs discipline, racial patterns in school discipline practices, who they determine is a problem child