Term
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Definition
– knowing the dangers exists and voluntarily accepts the risk through written consent prior to the procedure. The choice to incur risk was free and voluntary. |
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Term
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Definition
any lack of ordinary care on the part of the person injured that, combined with the negligent act of another, caused the injury (person knows the dangerous situation, disregards the danger. |
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Term
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Definition
money awarded based on case (physical disability, emotional distress, physical pain, suffering, economic loss, injury to reputation, loss of companionship, etc) |
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Term
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Definition
– civil wrong (other than breach of contract) committed against a person for which a court provides a remedy in the form of an action for damages |
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Term
commission of and act (negligent |
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Definition
. Administration of the wrong medication (Rx) 2. Administering the wrong dosage of a Rx 3. Administering an Rx to the wrong patient (pt) 4. Performing a surgical procedure w/o pt’s consent 5. Performing a surgical procedure on the wrong pt 6. Surgically removing the wrong body part 7. Failing to assess and reassess a pt’s nutritional needs 8. failure to present oral data to preceptor 9. failure to obtain a medical history |
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Term
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Definition
1. Failing to administer medications 2. Failing to order diagnostic tests 3. Failing to follow-up on abnormal test results 4. failure to present oral data to preceptor 5. failure to review medical record to obtain data 6. failure to document in medical record 7. failure to address abnormal findings on chart. |
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Term
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Definition
is a form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on a reasonable members of society 1. One has considered the consequences of an act and has exercised his/her best possible judgment
2. One fails to guard against a risk that should be appreciated
3. One engages in certain behavior expected to involve unreasonable dangers to others |
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Term
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Definition
the negligence or carelessness of a professional person |
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Term
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Definition
execution of an unlawful or improper act. EX. performing an elective abortion in 3rd trimester when prohibited by law. |
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Term
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Definition
improperly performing an act, resulting in injury to another. EX. surgery on the wrong site |
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Term
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Definition
failure to act, when there is a duty to act as a reasonable prudent person would in similar circustances. EX. failing to order a diagnostic test or prescribe Rx that should have been ordered under the circustance |
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Term
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Definition
1. Duty to Care
2. Breach of Duty
3. Injury/Actual Damages
4. Causation/Proximate Cause |
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Term
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Definition
Definition – a legal obligation of care, performance or observance imposed on one to safeguard the rights of others 1. Standard of Care Provide care in an acceptable manner 3. Duty to provide timely care Usually resulting in Wrongful Death Ex: 19 y/o in ER bleeding to death 4. Duty to hire a competent staff Should know if staff is competent; incompetent staff could cause unreasonable risk of harm to others Ex: Hiring someone that doesn’t have a valid license Ex: Hiring someone that has 56 criminal offences for theft & battery – they assault an elderly pt |
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Term
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Definition
failure to conform to or departure from required standard of care for a patient |
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Term
causation/proximate cause |
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Definition
a connection or relationship between negligent conduct and the resulting damages/injury |
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Term
Main definition of negligence |
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Definition
foreseeability and anticipation of harm- the reasonable anticipation that harm or injury is likely to result from an act or omission of an act. |
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Term
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Definition
an act that is committed deliberately. Reasons for the act is irrelevant, person is responsible for damages suffered as a results of the intentional act |
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Term
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Definition
Assault and Battery False Imprisonment Defamation of Character Invasion of Privacy Infliction of Mental Distress |
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Term
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Definition
deliberate threat, coupled with the apparent present ability to do physical harm to another |
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Term
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Definition
the intentional touching of another's person, in a socially impermissible manner, without that person's consent |
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Term
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Definition
unlawful restraining or confining of an individual |
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Term
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Definition
punishable by less than 1 year in jail |
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Term
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Definition
serious crime, punishable by imprisonment in state or federal penitentiary for more than 1 year. |
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Term
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Definition
apprehension by a police officer with filing of official paperwork and fingerprinting for formal action in court of law |
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Term
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Definition
– formal reading of the charges to the accused (w/ counsel) with the defendant pleads guilty or not guilty. If not guilty plea is entered, bail is set and court date is arranged |
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Term
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Definition
after plea of not guilty, plea-bargaining commences with agreed-on disposition |
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Term
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Definition
tries to prove that the defendant is guilty |
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Term
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Definition
tries to prove the defendant is innocent and that their rights are protected |
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Term
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Definition
jury selection, opening statements, presentation of witnesses/evidence, summations, instructions to the jury by the judge, deliberation, verdict, appeal to higher cour |
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Term
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Definition
Definition – intent to defraud person/entity by false or fraudulent pretenses, representations or promises, and so obtain property from one or more such persons |
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Term
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Definition
Billing for services not rendered Falsifying a pt’s diagnosis to justify tests, surgeries, or procedures that aren’t medically necessary Misrepresenting procedures performed to obtain payment form insurance companies for uncovered services (cosmetic surgeries) Upcoding/downcoding services Upcoding/downcoding medical supplies and equipment Unbundling Billing for unnecessary services Accept kickbacks (pt referral, drug reps) Waiving pt co-pays/deductibles Overbilling insurance |
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Term
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Definition
These are examples of Care provided by nurse, nursing aid, speech therapy, and physical therapy Charged for more services than pt received Billed for more hours of care than provided Falsifying records Charging for a nurse and sending a nursing aid
Abuse of the pt by home care giver Theft from pt by home care giver |
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Term
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Definition
an unlawful killing of another person without malice of forethought |
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Term
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Definition
intentionally killing another person "in the heat of passion" which was caused by provacation of the victim |
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Term
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Definition
when death occurs as the result of a negligent act (reckless driving) |
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Term
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Definition
unlawful killing of a person with the malice of thorethought and the premeditated intent to kill |
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Term
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Definition
deliberate and premeditated killing of another with malice of forethought |
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Term
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Definition
not deliberate nor is it premeditated (angel of death) |
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Term
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Definition
Definition – illegally taking another person or organization’s property (faculty, staff, pts, visitor’s or trespassers) |
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Term
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Definition
“the pleading of the case”, all allegations are presented |
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Term
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Definition
person who initiates/files the complaint |
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Term
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Definition
the person against whom the suit is brought |
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Term
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Definition
writ telling a person that they need to appear before the court |
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Term
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Definition
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Term
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Definition
a legal order requiring the appearance of a person and/or the presentation of documents to the court |
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Term
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Definition
plaintiff’s attorney shows that the defendant violated a legal duty by not following an acceptable standard of care and that the injury was caused by the breach |
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Term
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Definition
written evidence capable of making a truthful statement (drug inserts, medical records) |
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Term
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Definition
knowing the dangers exists and voluntarily accepts the risk through written consent prior to the procedure. The choice to incur risk was free and voluntary. |
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Term
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Definition
any lack of ordinary care on the part of the person injured that, combined with the negligent act of another, caused the injury (person knows the dangerous situation, disregards the danger – contributory negligence) |
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Term
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Definition
A special kind of agreement, either written or oral, that involves legally binding obligations between two or more parties
Purpose – specify, limit and define the agreement that is legally enforceable |
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Term
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Definition
1. Offer/Communication – 1st party must make an offer (promise to do or not do something) to a 2nd party. The 1st party communicates the terms to the 2nd party. 2. Consideration – preliminary negotiations are not offers. - Interview process/pay for travel expense - Salary & how paid - Bonus & how earned/% of revenue - Pay for relocation - Expectations - Office space/ support staff - Work days & hours - Type of work (office, in patient) - # pts/day/week - Call, type (telephone, go in, how often) & pay - Benefits (health insurance, dental, Rx, eye care, life insurance, disability insurance, 401K) - Malpractice insurance (time of occurrence)(which type of insurance does the provider has) - Holidays, vacation, sick leave - CME (# days & amount) |
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Term
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Definition
type of contract that Provide a specific service to a specific organization only |
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Term
Non competition agreements |
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Definition
Agree not to work for competitor for XX duration of time or w/in XX distance |
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Term
XIV Amendment to the U.S. Constitution |
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Definition
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. |
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Term
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Definition
Which Act Prohibits racial discrimination |
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Term
Sherman Anti-Trust Act - 1890 |
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Definition
Which Act Contracts in restraint of trade among states is illegal Monopolies are guilty of a felony |
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Term
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Definition
Which Act Safeguard individual privacy
Provide individuals access to records
Establish Privacy Protection Safety Commission |
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Term
Emergency Medical Treatment & Active Labor Act- 1986 |
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Definition
Which Act.
Hospital Emergency Departments required to provide appropriate medical screening exam forbidden to “dump” patients from one emergency department to another |
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Term
Health Care Quality Improvement Act 1986 |
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Definition
Which Act
Provide professional review bodies limited immunity from damages. Need to improve quality of medical care Ability of incompetent physicians to move from State to State without disclosure of incompetence. Facilitate exchange of information among professionals conducting peer review. Protect physicians improperly subjected to disciplinary action. |
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Term
Agency for Healthcare Research & Quality - 1989 |
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Definition
Which Act
Improve quality of health care, Reduce costs, Broaden access to essential services |
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Term
Ethics in Patient Referral Act - 1989 |
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Definition
Which Act
Prohibits physicians who have ownership interest or compensation arrangements with clinical lab from referring Medicare patients to that lab. Requires Medicare providers to report names & provider numbers of all physicians or their immediate relatives with ownership interests in a provider entity |
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Term
Patient self-determination Act - 1990 |
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Definition
Which Act
Right to be informed of rights. Right to execute advance directives. Right to accept or refuse medical care. States required to provide description of state laws regarding advance directives to providers. Providers ensure written policies & procedures regarding advance directives are established. |
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Term
Health Insurance Portability and Accountability Act (HIPAA) |
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Definition
Which Act
Protect Privacy of patient information, Confidentiality of patient information, Security of patient information |
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Term
Sarbanes-Oxley (SOX) Act of 2002 promoting due diligence |
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Definition
Which Act
SOX is not about regulation; its about self-regulation Selecting a leader with morals & core values, Examining incentives, Monitoring the organization’s culture, Build a strong knowledgeable governing body, Searching for conflicts of interest, Focusing attention on the right things, Having courage to speak out |
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Term
Person(s) of authority and responsibility |
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Definition
are held accountable and liable for decisions made in the corporation |
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Term
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Definition
false advertising, accept kickbacks, falsify records, fraudulent activities (reimbursements) |
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Term
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Definition
a legal doctrine that holds employers liable for wrongful acts of their employees. Employer is answerable for the torts committed by employees. |
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Term
Cheif executive officer (CEO) |
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Definition
This person is responsible to Enhance the overall quality of life, dignity and well being of every individual needing health care services; and to create a more equitable, accessible, effective, and efficient health care system |
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Term
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Definition
Who established the "Do not use list" |
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Term
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Definition
Definition – “a system of principles and processes by which people in society deal with their disputes and problems, seeking to solve or settle them without resorting to force. |
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Term
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Definition
law that deals with relationships between individuals and government |
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Term
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Definition
law that deals with relationships between indviduals |
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Term
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Definition
which law is derived from judicial decisions "Reason and justice for all" |
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Term
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Definition
which law is derived from federal and state legislatures |
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Term
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Definition
part of common law that means "the thing is decided" That which has been previously acted on or decided by the courts |
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Term
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Definition
part of common law means "let the decision stand" |
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Term
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Definition
Decision is rendered in a lawsuit involving a particular set of facts. Another lawsuit involving an identical or substantially similar situation is resolved in the same manner as the first lawsuit (let the decision stand). Future lawsuits applies the same rules and principals of preceding cases. Until the time that a court concludes the common-law rule is no longer in accord with the needs of the society and may depart from precedent. Common-law may be modified, overturned, abrogated or create a new court decision |
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Term
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Definition
A written law from state or federal legislative bodies. State law can not violate or conflict with federal law. This type of law can abolish any rule of common law. |
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Term
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Definition
The first 10 Amendments to the Constitution to protect the rights of citizens – James Madison ( Father of the constitution) |
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Term
Legislative, Judicial, Executive |
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Definition
The three branches of government |
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Term
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Definition
Branch that involves Congress – consists of Senate and House of Representatives Function: Enact laws that may be amendments. Repeal existing legislation. Create new legislation |
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Term
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Definition
Which branch of government Function – Resolve disputes. Each state has its own court system. At least one appellate court in each state. Usually only one judge is required to sit and decide a case. US Supreme Court Nation’s highest court. Only federal court created by the constitution. 8 Associate justices & 1 chief justice |
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Term
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Definition
which branch of government Function- administer and enforce the law |
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Term
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Definition
Member of the executive branch 4 year term, Cabinet-15 executive departments, Commander-in-chief |
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Term
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Definition
Acts as Commander-in-chief of state’s military |
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Term
Health Care Ethics Committee |
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Definition
Purpose: Address legal-ethical issues that arise during the course of a patient’s care and treatment. Provide educational and consultative services to patients, families & caregiver. NOT the decision maker |
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Term
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Definition
Support, by providing guidance to pts, families and caregivers. Review cases when there are conflicts. Clarify issues that are ethical, legal or religious in nature. Discuss alternative and compromises. Promote the rights of the pt. Help pts and family to come to a consensus on options that best meets the pt’s needs. Promote policies and procedures that achieve pt centered outcomes. Enhance ethics for health care organizations and professionals |
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Term
Ethics Committee Functions |
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Definition
Develop policy & procedure guidelines assisting in ethical dilemmas. Staff & community education, Conflict resolution, Case reviews, Consultation, Political advocacy |
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Term
Ethics Committee Consultation |
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Definition
All pt records are reviewed and discussed with the attending physician and caregiver/family members Decisions based on pt’s: Personal assessment of quality-of-life Expressed choices. Advance directives Assessment of risks, benefits and alternatives |
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Term
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Definition
People who have an interest in the case when conducting a formal consultation |
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Term
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Definition
Intentionally commission of an act (such as giving a patient a lethal drug) that results in death. Subject to criminal sanction for aiding and abetting suicide |
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Term
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Definition
Lifesaving treatment (such as respirator) is withdrawn or withheld allowing a terminally ill patient to die a natural death. Generally accepted by legislative and judicial decisions |
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Term
duty and liability of a physician |
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Definition
who must decide to continue or initiate treatment of a comatose or terminally ill patient. These people are obligated to use reasonable care to preserve health and to save lives |
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Term
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Definition
No duty to continue if it becomes futile and ineffective to do so in the opinion of qualified medical personnel, Severe brain damage Comatose & vegetative state, According to tests and examinations by other specialists, the patient is unlikely to recover, Death is imminent & inevitable, tx would cause precarious and painful prolongation of life |
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Term
Death with Dignity Act - 1994 |
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Definition
Which Act.
Terminally ill residents of Oregon with in 6 months of death allows patients to obtain a lethal dose of medication from his or her physician |
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Term
Patient self-determination act of 1990 |
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Definition
Which Act – right to formulate advanced directive regarding health care decisions whether to accept or refuse medical treatment BEFORE becoming incapacitated |
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Term
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Definition
Patient Self-determination act of 1990, Living Will, Durable power of attorney for health care |
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Term
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Definition
Legal document describing those treatments an individual wishes or does NOT wish to receive should they become incapacitated Examples: (but not limited to) When to withhold/withdrawal life support, Ventilators Feeding tubes, Hydration, CPR Dialysis, Donate/Not Donate organs |
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Term
signed and dated by patient, and 2 witnesses |
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Definition
who signs and dates the living will |
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Term
Durable power of attorney for health care |
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Definition
A legal device that permits one individual (known as the “principal”) to give another person (known as the “attorney-in-fact” or “primary agent”) the authority to act on behalf of the principal regarding health care issues Not activated until the principal becomes incompetent or unable to make own decisions Signed by the principal, primary agent and 2 witnesses Can also name a substitute agent |
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Term
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Definition
an agent that makes a decision in a particular decision |
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Term
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Definition
a form of surrogate decision-making where the surrogate attempts to establish what decision the patient would have made if the patient were competent to do so |
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Term
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Definition
the court declares a person incompetent and appoints this |
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Term
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Definition
allows a person to appoint an agent to make decisions, but doesn’t require the agent to know all situations and decisions that could arise |
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Term
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Definition
when a physician recognizes that the effect of tx will be of no benefit to the patient |
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Term
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Definition
Futility of medical care must be made by a |
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Term
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Definition
Discontinue treatment or medical interventions for the pt Death is imminent & can’t be prevented by available tx Considered when: Pt is in a terminal condition & there’s reasonable expectations of imminent death Pt is in noncognitive/cardiac state & no reasonable possibility of restoration cognitive/cardiac fxn Palliative care: encouraged in end-of-life situations |
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Term
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Definition
In the event of cardiac or respiratory arrest “No” resuscitative measures should be used to revive the patient
Usually one’s quality of life has been diminished & “heroic” rescue are no longer in the pt’s best interest These orders cover short period of time & must be reviewed periodically to determine if the pt’s condition or other circumstances have changed (“no code” orders) |
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Term
Alcohol - C.A.G.E. Cut down on your drinking Annoyed if people criticize your drinking Guilty about your drinking Eye-opener first thing in the morning for your hang over |
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Definition
indications for alcohol abuse |
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Term
Prescription drug--substance abuse |
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Definition
using someone else's prescription OR Using your prescription other than directed |
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Term
most common types of professional misbehavior |
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Definition
1 - boundary violations 2 – misrepresentation 3 – financial infractions |
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Term
altruism accountability excellence duty honor and integrity respect for others |
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Definition
six elements of professionalism |
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Term
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Definition
the principle or practice of unselfish concern for or devotion to the welfare of others (offering free services to the community: going into any disaster area) |
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Term
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Definition
the state of being accountable, liable, or answerable (keep to your word: do what you say you are going to do) |
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Term
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Definition
the state, quality, or condition of excelling: superiority ( give 100% to every patient) |
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Term
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Definition
something that one is expected or required to do by moral or legal obligation (informed consent before you do a procedure) |
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Term
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Definition
always doing that which is right |
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Term
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Definition
fairness, or integrity in one's beliefs and action |
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Term
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Definition
adherence to moral and ethical principles: soundness of moral character. (desert stop sign analogy) |
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Term
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Definition
be truthful, honest and courteous. Treat them the way that you would want to be treated |
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Term
values of the PA professional |
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Definition
PAs hold as their primary responsibility the health, safety, welfare, & dignity of all human beings
PAs uphold the tenets of patient autonomy, beneficence, nonmaleficence and justice
PAs recognize and promote the value of diversity PAs treat equally all persons who seek their care
PAs hold in confidence the information shared in the course of practicing medicine
PAs assess their personal capabilities and limitations, striving always to improve their medical practice PAs actively seeks to expand their knowledge and skills, keeping abreast of advances in medicine
PAs work with other members of the health care team to provide compassionate and effective care of patients
PAs use their knowledge and experience to contribute to an improved community PAs respect their professional relationship with physicians
PAs share and expand knowledge within the profession |
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Term
American Medical Association (AMA) Principles of Medical Ethics |
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Definition
Preamble: The medical profession has long subscribed to a body of ethical statements developed primarily to benefit the patient. As a member of this profession, a physician must recognize responsibility to patients first and foremost, as well as to society, to other health professionals and to self. The following Principles adopted by the AMA are not laws, but standards of conduct which define the essentials of honorable behavior for the physician. |
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Term
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Definition
AMA medical ethics: which principle.
A physician shall be dedicated to providing competent medical care, with compassion and respect for human dignity and rights. |
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Term
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Definition
AMA medical ethics. Which principle A physician shall uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or competence, or engaging in fraud or deception to the appropriate entities. |
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Term
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Definition
AMA medical ethics. Which principle.
A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care. |
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Term
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Definition
AMA medical ethics. which principle.
A physician shall support access to medical care for all people |
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Term
Empathy, Good communicating skills, patience, kindness, technical competence, diagnostic competence |
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Definition
characteristics of "Good Professionals" |
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Term
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Definition
Which set of professional attributes are these associated with: specialized body of knowledge and skill, licensure/certification, professional associations, code of ethics, special relationships with clients |
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Term
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Definition
which set of professional attributes are these associated with: belief in service to public, sense of calling to the field |
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Term
Behavior attributes (also know as civility) |
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Definition
which set a professional attributes do these belong to: Respect, proper conduct |
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Term
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Definition
Which type of incivilities. Passive or Active.
Late for class, reading newspaper, surfing the web, sleeping during class, inappropriate dress, failure to introduce oneself as a PA or PA-S |
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Term
|
Definition
Which type of incivility. Passive or Active.
Talking back talking negatively about peers vulgar language cheating on tests copying fellow student's paper taking Rx samples "white lie" |
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Term
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Definition
keystone to emotional intelligence |
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Term
|
Definition
second key to emotional intelligence |
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Term
Covey's Habits of highly effective people |
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Definition
Be proactive Begin with the end in mind Put first thing first |
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Term
|
Definition
people who are overwhelmed with emotion. They don't hear clearly, can't think rationally and resort to primitive emotional reactions |
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Term
listen actively validate empathize, if possible maintain one's own sense of control and self-restraint |
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Definition
How to handle "flooded" relationships |
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Term
CALMER . Catalyst for change (not responsible for it) 2. Altering your thoughts (to change your feelings) 3. Listen and then make a dx 4. Make an agreement with the pt 5. Education & Follow Up 6. Reach out & discuss your feelings after seeing the pt with trusted attendings/peers/colleagues |
|
Definition
What are the six steps to serenity |
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Term
Emotional control be respectful, empathetic, and professional Not all expressions of anger are verbal Identify potential threats to your safety |
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Definition
Points to keep in mind to control difficult patient's |
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Term
The three step approach to the difficult patient |
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Definition
First, allow the patient to complete the angry outburst; then validate the frustration with empathetic comments such as, “I understand that you are upset at having to wait.” Second, involve the patient in the outcome by asking him to provide a solution: “Do you have any suggestions of how to solve this problem?” Third, provide the patient with an opportunity to discuss his concerns: “How can I help you today?” Acknowledging frustration and providing the patient with an opportunity to voice his concerns may calm him and allow you to begin the evaluation. |
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Term
physical descriptions of difficult patients |
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Definition
Multiple symptoms involving multiple body systems
Poor response to usual methods of TX
Terminally-ill pts
Pts with certain medical conditions, obesity/chronic back pain |
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Term
Psychological descriptions of difficult patients |
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Definition
Unrealistic expectations of cure Difficult to communicate with Vague and shifting complaints Undue concern with minor sx Excessive preoccupation w/ physical disease Feelings of guilt, worthlessness, incompetence, shame Loneliness, social isolation Fear of abandonment Life stress Concern about personal safety; at home, on the street, other Past abuse; sexual or other |
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Term
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Definition
professional ethical and unethical behavior |
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Term
|
Definition
behavior that all rational persons should put forth to govern their behavior |
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Term
|
Definition
ideas about what is right and wrong |
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Term
Autonomy Beneficence Nonmaleficence Justice |
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Definition
4 main bioethical principles of the AAPA Code of Ethics |
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Term
|
Definition
judgements concerned with what an individual/group believes is right in a given situation |
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Term
|
Definition
when values, rights, duties, and loyalties conflict and not everyone is satisfied with a particular decision |
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Term
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Definition
unjustifiable violations to the moral rules or failing to follow moral ideals when it can be done so justifiably. Ex. taking the money from a wallet found on the ground |
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Term
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Definition
justifiably obeying the moral rules or justifiably following moral ideals. Ex. returning a lost wallet fully intact to its owner |
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Term
types of normative ethics |
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Definition
General normative ethics applied ethics descriptive ethics meta-ethics |
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Term
|
Definition
type of normative ethics critical study of majority moral precepts that is correct for all autonomous rational beings (how to act) |
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Term
|
Definition
type of normative ethics application of normative theories to practical moral problems (what to do) |
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Term
descriptive ethics (comparative ethics) |
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Definition
type of normative ethics what people believe is right and wrong |
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Term
|
Definition
understand ethical terms, theories and application |
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Term
|
Definition
the morally right action is whatever action leads to the maximum balance of good over evil. Actions/consequences |
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Term
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Definition
Moral worth is solely determined by its contribution to overall usefulness (greatest good for most). Moral worth of action is determined by its outcome (end justifies the means) |
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doing the right thing may not always lead to the good and right thing sought after. Duty to others and others' rights. Telling the truth and keeping promises |
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denies consequences. Right and wrong are based on intrinsic properties |
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PAs should act in the patient’s best interest, Doing good, Demonstrating kindness, Showing compassion, Helping others, Balancing risks and benefits, Requires knowledge of beliefs, cultures, values & preferences |
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individuals or institution (political, military, organizational, religious) knows what’s best for others and makes the decisions |
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physicians making choices for a patient by with-holding medical information |
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“First, do no harm” Requires PAs to avoid causing patient harm To impose no unnecessary or unacceptable burden upon a patient |
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Right of a person to make one's own decisions. Need to know risks, benefits and alternatives. Without patient's consent - assault and liable for damages |
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A fair distribution of resources, benefits, risks and cost. Patient in similar circumstances should receive similar care |
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those times where a person's beliefs and values can change as circumstances change. Sometime good people do bad things |
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morally right in one society may be morally wrong in another |
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injection of seminal fluid into a woman to induce pregnancy |
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"Test tube" or "In Vitro" fertilization |
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Definition
semen is introduced to the oocyte external to the woman's body and a fertilized ovum is placed into the woman's body |
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Term
homologous artificial insemination |
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Definition
woman's husband's semen is used |
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heterologous artificial insemination |
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donor other than the husband |
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uniform anatomical gift act |
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Definition
which act making, accepting and using anatomical gifts - individual of sound mind of at least 18 y/o. |
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Clear duty to warn pt of risks/benefits/alternatives Written consent from each person in the clinical trial, Must not be coercive, Not forced to waive his/her rights, Financial disclosure associated w/ protocol, Educate staff of potential side effects & protocols |
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Institutional Review board (IRB) |
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Definition
Protects the rights & welfare of human subjects, Review protocols, Review for conflict of interest, Ensure financial interests are disclosed, Ensure privacy & confidentiality is protected, Research is within state & federal guidelines |
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termination of the ability to produce offspring |
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the plaintiff (parents) claims that but for a breach of duty by the defendant (provider) (ex. improper sterilization, not being told in a timely manner of genetic defects) the child would not have been born. |
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harm suffered as a result of being born. Because there is no recognized legal right “not to be born” – these cases are generally not successful |
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claims for damages sustained by parents of an unexpected child based on an allegation that conception of the child resulted from negligent sterilization procedures or a defective contraceptive device |
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a method of reproduction whereby a woman agrees to give birth to a child she will not raise but hand over to a contracted party, who is often unable to conceive a natural child of her own |
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Term
Genetic Information Nondiscrimination Act (GINA) of 2008 |
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Definition
Which Act Prohibits discrimination by health insurance, life insurance, disability insurance or long term care insurance on the basis of genetic information. Prohibits employers from using genetic information when hiring, firing, job placement or promotion decisions NO federal legislation for protection of discrimination |
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