chapter 1 Introduction to Law and Ethics(Allied Health)

1.1 Explain why knowledge of law and ethics is important to health care practitioners.

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1.2 Distinguish among law, ethics, bioethics, etiquette, and protocol.

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1.3 Define Moral Values and explain how they relate to law, ethics, and etiquette

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1.4 Discuss the characteristics and skills most likely to lead to a successful career in the health care professions

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American Medical Association Principles

A code of ethics for members of the American Medical Association written in 1847

Bioethicists

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

Bioethics

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

Code of ethics

A system of principles intended to govern behavior-here, the behavior of those entrusted with providing care to the sick

Common Sense

Sound practical judgement

Compassion

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

Courtesy

The practical of good manners

Critical thinking

The ability to think analytically, using fewer emotions and more rationally.

Defendant

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

Ethics

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

Ethics committees

Committee made up of individuals who are involved in a patient's care, including health care practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases.

Ethics guidelines

Publications that detail in a wide variety of ethical situations that professionals (in this case, health care practitioners) might face in their work and offer principles for dealing with the situations in an ethical manner

Etiquette

Standard of behaviors considered to be good manners among members of a profession as they function as individuals in society.

Fraud

Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights.

Health Care Practioners

Those who are trained to administer medical or health care to patients

Hippocratic oath

A pledge for physicians, developed by the Greek physician Hippocrates circa 400 b.c.e

Law

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

Liable

legally responsible or obligated

Litigious

prone to engage in lawsuits

Medical Ethicists

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

Moral Values

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

Plaintiff

The person bringing charges in a lawsuit

Precedent

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

Protocol

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

Summary Judgement

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

Reason to Study Law and Ethics

*To help you function at the highest possible professional level providing competent health care to patients
*To help you avoid legal entanglements that can threaten your ability to earn a living as a successful health care professional

Focus of Law and Ethics in health Care

*The rights, responsibilities, and concerns of heath care consumers
*The legal and ethical issues facing society, patients, and health care practitioners.
*The impact of rising costs on the laws and ethics of health care delivery.

Litigation Terminology

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*Plaintiff

-Person bringing charges in lawsuit

*Defendant

-Person against whom charges are being brought

*Liable

-Legally responsible or obligated

*Precedent
(Also known as case law)

-Decisions made by judges in various courts that become rule of law and apply to other cases

*Summary judgement

-Decision made by a court that pleads no basis for trial

Product Liability

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*Manufacturers of health care equipment can be liable through:

-Breach of warranty
-Untrue statements
-Liability for defective products
-Fraud
*Intentional deceit

Product Liabilty: Medtronic Case

*Makers of medical equipment are immune from liability for personal injury as long as the Food and Drug Administration approved the product and it meets FDA specifications

Product Liability: Wyeth Case

*Federal preemption
-Doctrine that can bar injured consumers from suing in state court when the products that hurt them met federal standards
-Wyeth v. Levine 2009 becomes precedent for future cases

Definition

Law:
-Set of governing rules
Ethics:
-Principles, standards, guide to conduct
Moral Values:
-Beliefs formed through the influence of family, culture, and society.

Main purpose

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Standards

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Penalties of violation

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