Egans Chapter 5 (TEST 1)

Religious Principles in Health care

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Consequentialism Act: judged to be right or wrong based on consequences

Act: judged to be right or wrong based on consequences

assault

An ASSAULT is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability.

what is the fundamental question of ethics?

How should I act in differing situations?

res ispa loquitor

Latin for "the thing itself speaks") is a doctrine that states that the elements of duty of care and breach can sometimes be inferred from the very nature of an accident or other outcome, even without direct evidence of how any defendant behaved.

Defendant

One accused of wrongdoing

autonomy

Principle acknowledges patients' personal liberty & their right to decide their own course of treatment Basis for "informed consent" Under this principle, any use of deceit to get patient to reverse decision to refuse treatment is considered unethical

veracity

Principle binds health care provider & patient to be truthful Problems w/ veracity center around issues w/ benevolent deception (withholding truth from patient for his or her own good) In most cases, telling truth is best policy

PHI

Protected Health Information Cant disclose even in case studies

Beneficence

Raises "do-no-harm" requirement to higher level Requires health care workers to contribute to health & well-being of their patients Dilemmas in this domain have led to development of "advanced directives"

strict liability

Strict liability applies when a defendant places another person in danger, even in the absence of negligence, simply because he is possession of a dangerous product, animal or weapon.

what is the primary purpose of professional code of ethics?

To establish parameters of behavior for a group

confidentially

`Requires health care workers to respect patient's right to privacy `Qualified rather than absolute ethical principle In certain situations, health care workers are permitted to share patient's medical history w/ others `Risks of inadvertent disclosure of patient's protected health information (PHI) has increased exponentially w/ advent of social networking sites

public law

deals with private parties or the government

Licensure act

defines who can perform specified duties in health care.

two basic ethical theories are __________ and __________.

formalism and consequentialism

Government agencies set regulations for what faculties?

health care faculties

Professional malpractice

is negligence in which a professional has failed to provide the care expected. This results in harm.

what is the purpose of licensure?

is to provide for the publics safety.

ethical delimas

occur when there are two equally desirable or undesirable out comes

Plantiff

person who brings forth a complaint.

battery

physical contact without consent

ethics

set of guidelines for doing your job in a way that is morally defensible.

benevolment deception

the truth is withheld form the patient

Slander

verbal defamation of character

loquitur

when a professional fails to act skillfully , breaches ethics or falls below a reasonable standard

libel

written defamation of character

three types of Tort

1. intentional tort---same as tort definition 2. negligence 3. strict liability

civil law

concerned with the recognition and enforcements of the rights of individuals and organizations.

negligence

a type of tort. It is the failure to perform your duties competently. Careless conduct that results in damage to another.

living will

a written statement detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent, especially an advance directive.

advanced directives

a written statement of a person's wishes regarding medical treatment, often including a living will, made to ensure those wishes are carried out should the person be unable to communicate them to a doctor.

Tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. Called a "civil wrong" could easily involve a health care practitioner.

Public law is divided into?

administrative law and criminal law

Private, or _________ law protects citizens who feel they have been harmed.

civil