deals with the values relating to human condunct
ethics
A person's view of what is right or wrong
macro-ethics
ethics concerned with establishing standards or norms of conduct
normative ethics
justice that implies that all are treated fairly
distributive
The morally right action is whatever action leads to the maximum balance of good over evil
consequential
the theory of ethics that focuses on ones duties to others
deontological
ethics that are based on codes developed by societies which have relied on customs to formulate their codes
secular
a form of beneficence that may involve witholding information from a person because of the belief that it is the best interest of the person
paternalism
an ethical principle that requires caregivers to avoid causing patients harm
nonmalfeasance
the obligation to be fair in the distribution of benefits
justice
a person who is said to have a steadfast adherence to a strict moral or ethical code is considered to have
integrity
the changing of ones moral character as circumstances change
situational ethics
health care organizations have a responsibility to explain to parents, staff, & families that patients have legal rights to divert their medical and nursing care as it corresponds to the state law
patient self determination act of 1990
describes those treatments an individual wishes or does not wish to receive should he or she become incapacitated
Living Will
a legal device that permits one individual known as the "principal" to give another person called "attorney in fact" the authority to act in his or her behalf in making health care decisions
durable power of attorney
a legal mechanism that by which the court declares a person incompetent and appoints a guardian
guardianship
an agent who acts on behalf of a patient who lacks the capacity to participate in a particular decision
surrogate decision maker
a scientific decision that relates to medical occurences where the physicians recognize that the effect of treatment will be of no benefit to the patient and morally requires the physician to inform the patient when there is little likelihood of success i
Futility of Treatment
a decision not to initiate treatment or medical interventions for the patient
withold treatment
when there exists an element of uncertainty regarding a patients' wishes in an emergency situation the situation should be resolved in a way that
favors the preservation of life
serves as a hospital resource to patients, families, caregivers, and guardians
ethics committee
a general rule of conduct that is enforced by the government is a
law
when a law is violated, the government inposes a
penalty
the process of identifying the various alternatives to an ethical dilemma, determining the pros and cons of alternative choices, having a clear unbiased willingness to listen, and making fair and reasonable decisions based on accepted moral values
informed decision
a civil wrong, not including breach of conduct, that is committed against a person or property for which a court provides a correction in the form of an action for damages in a
tort
the unintentional commission or omission of an act that a reasonably prudent person would or would not do
a negligent act
the unlawful restraint of an individual's personal liberty or the unlawful restraint or confinement of an individual
false imprisonment
the reasonable anticipation that harm or injury will result from an act or failure to act is
foreseeability
the written form of defamation
libel
to recover damages caused by negligence, one must prove
duty to care, breach of duty, injury, and causation
an offence punishable by less than one year in jail and/ or fine
misdemeanor
a written or oral agreement that involves legally binding obligations between two or more parties
contract
before the trial, facts are invesigated in a process called
discovery
a legal order requiring a person to appear in court
subpoena
exidence is offered by objects themselves
demonstrative
a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others
duty
conduct expected of an individual in a given situation
standard of care
amendment to the constitution that provides that a state cannot act to deny any person equal protection of the laws
14th
pursuant to the Title VI of the Civil Rights Act of 1964, the guidelines of the department of the health and human services prohibit the practice of
racial discrimination
the Antitrust Division of the Department of Justice has primary responsibilty for
enforcing federal antitrust laws
Act passed by Congress that forbids Medicare participating hospitals from dumping patients out of emergency departments
Emergency Medical Treatment and Active Labor Act
Act that prohibits physicians who have ownership interest or compensation arrangements with a clinical laboratory from referring Medicare patients to that laboratory
Ethics in Patient Referral Act
Act designed to protect the privacy, confidentiality, and security of patient information
Health Care Insurance Portability Act
Organizations are expected to maintain a culture that supports
patient safety, fosters respect and trust, encourages integrity and honesty, and provides compassionate care
a legal doctrine holding employers liable for the wrongful acts of their agents
Respondeat Superior
Employees should reprt practices they consider
unethical, detrimental to reputation of the organization, might be harmful to patients, ethically questionable
a definition of the duties of practitioners in their particular roles, the permissible boundaries of practice for health care professionals, and is often defined in state statutes
Scope of Practice
practicing outside one's scope of practice has both
ethical and legal concerns
when conducting research personal autonomy, self-determination, hippocratic maxim of "do no harm" and the hippocratic oath's requirement that physicians benefit their patients "according to their best judgement", and informed consent must be addressed
ethical considerations