Ethics Module 1 Vocab

Beneficence

"The general moral principle of doing the "most good" or doing what is best for patients. Consider patient's: - mental and physical pain, suffering - risk of disability, death, and quality of life - What is best for patient based on professional's clinical judgement may be different from patient wishes(autonomy)

Nonmaleficence

"This is principle of ""do no harm"" to the patient or the fewest number of people in society. Tough for healthcare professionals because most treatment has some extent of risk or adverse effects"

Appellate court

A court that hears appeals from lower court decisions; sometimes called court of appeals

In personam Jurisdiction

A court's power to adjudicate cases filed against a specific individual, as opposed to in rem jurisdiction, which concerns property disputes

Surrogacy

A method of assisted reproduction that helps a party start a family when that party otherwise could not.

Civil Lawsuit

A noncriminal lawsuit for damages, usually based in tort, contract, labor, or privacy issues

Group ethics

A system pf principles and rules of conduct accepted by a group or culture

In rem jurisdiction

A term that delineates the court's jurisdiction over property or things, including marriage, rather than over persons

Assault

A threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in apprehension of such harm or contact

Tort

A wrongful act. not including a breach of contract or trust, that results in injury to another;s person, person, reputation, or the like, and for which the injured party is entitled to compensation

Control group

Also called nontherapeutic group, test subjects in a research study who do not receive any treatment or, in some cases, are given a placebo. In testing, it is the principle of the constant that remains the same to evaluate the changes of a given experiment

Sterilization

Any procedure performed to permanently prevent reproduction

Fertilization

Assistance in conception, most commonly performed either as artificial insemination or as in vitro fertilization to produce pregnancy

Jurisdiction

Authority given by law to a court to try cases and rule on legal matters within a geographical area and/or over certain types of legal cases

Standard of care

Basic skill and care expected of healthcare professionals in the same or similar branch of medicine; based on what another medical professional would deem to be appropriate in similar circumstances

Battery

Bodily harm or unlawful touching of another. In the medical field, treating a patient without consent is considered battery

Ethics

Branch of philosophy that relates to principles, rules, and standards that govern a person's behavior and decisions

Stem cells

Cells of the body that can control the production of specialized cells by becoming other types of cells as needed during growth or healing

Federal Court

Court having jurisdiction over cases in which the U.S. Constitution and federal statutes apply; these can be federal district (trial courts), district courts appeals, or the U.S. Supreme Court

Statute of Limitations

Defense against a tort action; requires that a claim be files within a specific amount of time or discovering that a wrong has been committed

Admissions of fact

Discovery technique that asks the opposing party (in writing) to admit or deny any material fact or the authenticity of documents to be introduced into evidence at trial

Clones

Duplicate cell reproduced artificially from a natural, original single cell.

Administrative Law

Establishes laws between citizens and government agencies and provides certain power to the agencies to enforece these laws and regulations

Justice-based ethics

Ethical philosophy based on all individuals having equal rights

Utilitarianism (teleology)

Ethical theory based on the greatest good for the greatest number (also known as cost-benefit analysis). Best value for the least amount of resources, most efficient use Ex: The policies and criteria determine who is put on a waiting list for allocation of organ donations

Medical ethics

Ethics that specifically addresses how to handle issues arising out of the care of patients and focuses on the healthcare professional's duty to the patient

Judicial branch

Federal constitutional court system; one of the three parts of the US federal government; interprets legislation and determines its constitutionality and applies it to specific cases. May overrule cases presented on appeal from lower courts

State supreme court

Highest court in any given state in the US court system

Supreme Court of the United States

Highest court in the United States, having ultimate judicial authority within the United States to interpret and decide questions of the federal law. It is the head of the judicial branch of the US government

Res Ipsa Loquitur

In Latin: "the thing speaks for itself." Legal doctrine that there is clear proof that the defendant had the responsibility (duty) to the patient and the injury would not and could not have occurred without the negligence of the defendant

Stare Decisis

In Latin: "to stand by the things decided or to adhere to a decided case; condition in which, once a court rules, that decision becomes law for other cases. Also known as precedent

Double-blind procedure

In testing, one group receives the placebo and the other group receives the new agent, which prevents either group from knowing who is receiving the real drug or the placebo

Experimental group

In testing, the group that receives the new researched treatment agent

artificial Insemination

Injection of seminal fluid into the female vagina, which contains male sperm from husband, partner, or other donor, to aid in conception

Commons Law

Law of precedents built on a case-by-case basis and established by citing interpretation of existing laws by judges in previous suits. Also known as "judge made law"

Medical practice acts

Laws defined by each state that regulate the licensing and medical laws for that state and define the scope of practice for licensed and unlicensed individuals in the healthcare field

Medical Law

Laws that are prescribed to pertain specifically to the medical field

Misdemeanor

Lesser crime punishable by usually modest fines or penalties established by the state or federal government and/or imprisonment of less than 1 year

Therapeutic research

Medical research performed on chronically or terminally ill patients who may benefit from the agent being tested

Human Genone Project

Medical research program, sponsored by the federal government, established to map and sequence the number of genes that are within the 23 pairs of chromosomes (i.e. the 46 chromosomes) with the goal of advanced life-saving or disease-preventing treatments

Placebo

Nontherapeutic drug or agent given to a control group (commonly referred to as a "sugar pill")

Standards of practice

Officially sanctioned description of the specific procedures, actions, and processes that are permitted for a licensed or unlicensed professional; based on the specific state's law for education and experience requirements, plus demonstrated competency. Established by the state's laws, licensing board, and/or agency regulations

Writ of certionari

Order a higher court issues to review the decision and proceedings in a lower court and determine whether there are any irregularities

Defendant

Person or entity sued

Rights-based ethics

Philosophy of ethics based on the theory of the rights of each individual (autonomy)

Duty-based ethics (deontology)

Philosophy of ethics that focuses on performing one's duty to a group, individual, or organization

Interrogatory

Pre-trial set of written questions that must be answered in writing under oath and returned within a given time frame

Executive Branch

President of the United States or the governor of an individual state. Can propose laws, veto laws proposed by legislature, enforce laws, and establish agencies

Medical Ethics

Principles based on the medical profession that determine moral behavior

Values

Principles that individuals choose to follow in their lives, with goal of maintaining their integrity

Discovery

Process of gathering information in preparation for trial

Accreditation

Process of officially recognizing a person or organization for meeting the standards and qualification in an area based on preestablished industry criteria

Gene Therapy

Process of splicing or infusing genes to replace malfunctioning genes. Alteration of the DNA of body cells to control production of a particular substance

In vitro fertilization

Process to assist in conception by harvesting ovum from a female and combining it with the male's sperm outside of the uterus and then implanting the fertilized embryo back into the female's uterus.

Felony

Serious crime punishable by relatively large fines and/or imprisonment for more than 1 year and, in extreme cases, death

Code of ethics

Standards of behavior, initiated by an employer or organization, defining the acceptable conduct of its members/employees (also called code of conduct)

Morals

Standards of right and wrong

Criminal Law

State or federal government law covering violations of a written criminal code or statute

Malpractice

The Failure of the professional to meet the standard of conduct that a reasonable and prudent member of the profession would exercise in similar circumstances; results in harm

Legislative Branch

The U.S. House of Representatives and Senate and any similar state legislature that develops statutory law

Standard of Care

The average knowledge and expertise that one can expect from a healthcare professional in the same are or field and with the same base of training

Autonomy

The capacity to think, decide with one's own free will. Decision-making process should be free of coercion. Health professional provides all information to aid patient's decision

Negligence

The failure to use such care as a reasonably prudent and careful person would use under similar circumstances;an act of omission or failure to do what a person or ordinary prudence would have done under similar circumstances

Law

The foundation of statutes, rules, and regulations that governs people, relationships, behaviors, and interactions with the state, society, and federal government

Plaintiff

The person or entity bringing a suit or claim

Conscience Clause

The refusal to perform a legal role or duty based on personal beliefs

Virtue-based Ethics

This ethical theory places emphasis on the characteristic traits and qualities of individuals. Less emphasis on the rules people should follow and help people develop good characteristics to make good decisions

Chromosomes

Threadlike structures in the center of the cell (nucleus) that transmit the genetic information about a person

Integrity

Unwavering adherence to an individual's values and principles with a dedication to high standards

Statute

Written Laws enacted by the state or federal legislative branch

Hippcratic Oath

Written by Greek physician in 400 BC "the physician pledges to prescribe only beneficial treatments, according to his abilities and judgment; to refrain from causing harm or hurt; and to live an exemplary personal and professional life"

Statutory Law

Written laws, usually enacted by a legislative body, that include regulatory, administrative, and common laws

Applied ethics

application of moral principles and standards to organization of individuals

Bioethics

study of etical dilemmas and issues resulting from advances in medicine, medical research, and science

Justice(medical ethics)

the principle that ethics should be based on what is consistent and fair to all involved. Professionals must consider four things: - fair distribution of scarce resources - competing needs - rights and obligations -potential conflicts with established legislation