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legal and ethics
legal and ethics
180
Driving Skills
1st Grade
11/14/2009

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Cards

Term
assumption of risk
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.
Term
contributory negligence
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.
Term
damages
Definition
money awarded based on case (physical disability, emotional distress, physical pain, suffering, economic loss, injury to reputation, loss of companionship, etc)
Term
tort law
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
Term
commission of and act (negligent
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
Term
Negligence--Omission
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.
Term
Negligence
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
Term
Malpractice
Definition
the negligence or carelessness of a professional person
Term
Malfeasance
Definition
execution of an unlawful or improper act. EX. performing an elective abortion in 3rd trimester when prohibited by law.
Term
Misfeasance
Definition
improperly performing an act, resulting in injury to another. EX. surgery on the wrong site
Term
nonfeasance
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
Term
elements of negligence
Definition
1. Duty to Care

2. Breach of Duty

3. Injury/Actual Damages

4. Causation/Proximate Cause
Term
duty to care
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
Term
Breach of duty
Definition
failure to conform to or departure from required standard of care for a patient
Term
causation/proximate cause
Definition
a connection or relationship between negligent conduct and the resulting damages/injury
Term
Main definition of negligence
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.
Term
Intentonal tort
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
Term
intentional acts
Definition
Assault and Battery
False Imprisonment
Defamation of Character
Invasion of Privacy
Infliction of Mental Distress
Term
assault
Definition
deliberate threat, coupled with the apparent present ability to do physical harm to another
Term
battery
Definition
the intentional touching of another's person, in a socially impermissible manner, without that person's consent
Term
false imprisonment
Definition
unlawful restraining or confining of an individual
Term
misdemeanor
Definition
punishable by less than 1 year in jail
Term
felony
Definition
serious crime, punishable by imprisonment in state or federal penitentiary for more than 1 year.
Term
arrest
Definition
apprehension by a police officer with filing of official paperwork and fingerprinting for formal action in court of law
Term
arraignment
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
Term
conference
Definition
after plea of not guilty, plea-bargaining commences with agreed-on disposition
Term
prosecutor
Definition
tries to prove that the defendant is guilty
Term
defense attorney
Definition
tries to prove the defendant is innocent and that their rights are protected
Term
criminal trial
Definition
jury selection, opening statements, presentation of witnesses/evidence, summations, instructions to the jury by the judge, deliberation, verdict, appeal to higher cour
Term
fraud
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
Term
examples of fraud
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
Term
Home fraud care
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
Term
manslaughter
Definition
an unlawful killing of another person without malice of forethought
Term
voluntary manslaughter
Definition
intentionally killing another person "in the heat of passion" which was caused by provacation of the victim
Term
involuntary manslaughter
Definition
when death occurs as the result of a negligent act (reckless driving)
Term
murder
Definition
unlawful killing of a person with the malice of thorethought and the premeditated intent to kill
Term
first degree murder
Definition
deliberate and premeditated killing of another with malice of forethought
Term
second degree murder
Definition
not deliberate nor is it premeditated (angel of death)
Term
theft
Definition
Definition – illegally taking another person or organization’s property (faculty, staff, pts, visitor’s or trespassers)
Term
pleading
Definition
“the pleading of the case”, all allegations are presented
Term
plaintiff
Definition
person who initiates/files the complaint
Term
defendant
Definition
the person against whom the suit is brought
Term
summons
Definition
writ telling a person that they need to appear before the court
Term
complaint
Definition
the allegation
Term
subpoenas
Definition
a legal order requiring the appearance of a person and/or the presentation of documents to the court
Term
burden of proof
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
Term
documentary evidence
Definition
written evidence capable of making a truthful statement (drug inserts, medical records)
Term
assumption of risk
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.
Term
contributory negligence
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)
Term
contract
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
Term
elements of a contract
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)
Term
exclusive contract
Definition
type of contract that Provide a specific service to a specific organization only
Term
Non competition agreements
Definition
Agree not to work for competitor for XX duration of time or w/in XX distance
Term
XIV Amendment to the U.S. Constitution
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.
Term
Civil Rights Act - 1964
Definition
Which Act Prohibits racial discrimination
Term
Sherman Anti-Trust Act - 1890
Definition
Which Act
Contracts in restraint of trade among states is illegal
Monopolies are guilty of a felony
Term
Privacy Act - 1974
Definition
Which Act
Safeguard individual privacy

Provide individuals access to records

Establish Privacy Protection Safety Commission
Term
Emergency Medical Treatment & Active Labor Act- 1986
Definition

Which Act.

Hospital Emergency Departments required to provide appropriate medical screening exam forbidden to “dump” patients from one emergency department to another

Term
Health Care Quality Improvement Act 1986
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.

Term
Agency for Healthcare Research & Quality - 1989
Definition

Which Act

Improve quality of health care,  Reduce costs,  Broaden access to essential services

Term
Ethics in Patient Referral Act - 1989
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

Term
Patient self-determination Act - 1990
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.

Term
Health Insurance Portability and Accountability Act (HIPAA)
Definition

Which Act

Protect Privacy of patient information, Confidentiality of patient information, Security of patient information

Term
Sarbanes-Oxley (SOX) Act of 2002 promoting due diligence
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

Term
Person(s) of authority and responsibility
Definition
are held accountable and liable for decisions made in the corporation
Term
unethical conduct
Definition
false advertising, accept kickbacks, falsify records, fraudulent activities (reimbursements)
Term
Respondeat superior
Definition
a legal doctrine that holds employers liable for wrongful acts of their employees. Employer is answerable for the torts committed by employees.
Term
Cheif executive officer (CEO)
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
Term
The Joint Commission
Definition
Who established the "Do not use list"
Term
Law
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.
Term
Public law
Definition
law that deals with relationships between individuals and government
Term
Private law
Definition
law that deals with relationships between indviduals
Term
common law
Definition
which law is derived from judicial decisions "Reason and justice for all"
Term
statutory law
Definition
which law is derived from federal and state legislatures
Term
"Res Judicata"
Definition
part of common law that means "the thing is decided" That which has been previously acted on or decided by the courts
Term
"Stare Decisis"
Definition
part of common law means "let the decision stand"
Term
"Stare Decisis"
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
Term
Statutory law
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.
Term
Bill of Rights
Definition
The first 10 Amendments to the Constitution to protect the rights of citizens – James Madison ( Father of the constitution)
Term
Legislative, Judicial, Executive
Definition
The three branches of government
Term
Legislative Branch
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
Term
Judicial branch
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
Term
Executive Branch
Definition
which branch of government Function- administer and enforce the law
Term
US President
Definition
Member of the executive branch 4 year term, Cabinet-15 executive departments, Commander-in-chief
Term
State - Governor
Definition
Acts as Commander-in-chief of state’s military
Term
Health Care Ethics Committee
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
Term
Ethics Committee Goals
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
Term
Ethics Committee Functions
Definition
Develop policy & procedure guidelines assisting in ethical dilemmas.  Staff & community education, Conflict resolution,  Case reviews,  Consultation, Political advocacy
Term
Ethics Committee Consultation
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
Term
Stakeholders
Definition
People who have an interest in the case when conducting a formal consultation
Term
Active Euthanasia
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
Term
Passive Euthanasia
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
Term
duty and liability of a physician
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
Term
Euthanasia
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
Term
Death with Dignity Act - 1994
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

Term
Patient self-determination act of 1990
Definition
Which Act – right to formulate advanced directive regarding health care decisions whether to accept or refuse medical treatment BEFORE becoming incapacitated
Term
advance directives
Definition
Patient Self-determination act of 1990, Living Will, Durable power of attorney for health care
Term
Living will
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
Term
signed and dated by patient, and 2 witnesses
Definition
who signs and dates the living will
Term
Durable power of attorney for health care
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
Term
surrogate decision
Definition
an agent that makes a decision in a particular decision
Term
substituted judgement
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
Term
guardianship
Definition
the court declares a person incompetent and appoints this
Term
Health Care Proxy
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
Term
futility of treatment
Definition
when a physician recognizes that the effect of tx will be of no benefit to the patient
Term
physician
Definition
Futility of medical care must be made by a
Term
Withdrawal of treatment
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
Term
DNR
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)
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
Definition
indications for alcohol abuse
Term
Prescription drug--substance abuse
Definition
using someone else's prescription
OR
Using your prescription other than directed
Term
most common types of professional misbehavior
Definition
1 - boundary violations
2 – misrepresentation
3 – financial infractions
Term
altruism
accountability
excellence
duty
honor and integrity
respect for others
Definition
six elements of professionalism
Term
altruism
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)
Term
accountability
Definition
the state of being accountable, liable, or answerable (keep to your word: do what you say you are going to do)
Term
excellence
Definition
the state, quality, or condition of excelling: superiority ( give 100% to every patient)
Term
duty
Definition
something that one is expected or required to do by moral or legal obligation (informed consent before you do a procedure)
Term
honor and integrity
Definition
always doing that which is right
Term
honor
Definition
fairness, or integrity in one's beliefs and action
Term
Integrity
Definition
adherence to moral and ethical principles: soundness of moral character. (desert stop sign analogy)
Term
respect for others
Definition
be truthful, honest and courteous. Treat them the way that you would want to be treated
Term
values of the PA professional
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
Term
American Medical Association (AMA) Principles of Medical Ethics
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.
Term
Principle I
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.

Term
Principle II
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.
Term
Principle VI
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.

Term
principle IX
Definition

AMA medical ethics. which principle.

A physician shall support access to medical care for all people

Term
Empathy, Good communicating skills, patience, kindness, technical competence, diagnostic competence
Definition
characteristics of "Good Professionals"
Term
structural attributes
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
Term
attitudinal attributes
Definition
which set of professional attributes are these associated with: belief in service to public, sense of calling to the field
Term
Behavior attributes (also know as civility)
Definition
which set a professional attributes do these belong to: Respect, proper conduct
Term
Passive
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

Term
Active
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"

Term
"know thyself"
Definition
keystone to emotional intelligence
Term
"self-soothe"
Definition
second key to emotional intelligence
Term
Covey's Habits of highly effective people
Definition
Be proactive
Begin with the end in mind
Put first thing first
Term
"Flooded"
Definition
people who are overwhelmed with emotion. They don't hear clearly, can't think rationally and resort to primitive emotional reactions
Term
listen actively
validate
empathize, if possible
maintain one's own sense of control and self-restraint
Definition
How to handle "flooded" relationships
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
Term
Emotional control
be respectful, empathetic, and professional
Not all expressions of anger are verbal
Identify potential threats to your safety
Definition
Points to keep in mind to control difficult patient's
Term
The three step approach to the difficult patient
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.
Term
physical descriptions of difficult patients
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
Term
Psychological descriptions of difficult patients
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
Term
"moral code"
Definition
professional ethical and unethical behavior
Term
Morality
Definition
behavior that all rational persons should put forth to govern their behavior
Term
morals
Definition
ideas about what is right and wrong
Term
Autonomy
Beneficence
Nonmaleficence
Justice
Definition
4 main bioethical principles of the AAPA Code of Ethics
Term
moral judgements
Definition
judgements concerned with what an individual/group believes is right in a given situation
Term
moral dilemmas
Definition
when values, rights, duties, and loyalties conflict and not everyone is satisfied with a particular decision
Term
moral vices
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
Term
moral virtues
Definition
justifiably obeying the moral rules or justifiably following moral ideals. Ex. returning a lost wallet fully intact to its owner
Term
types of normative ethics
Definition
General normative ethics
applied ethics
descriptive ethics
meta-ethics
Term
General normative ethics
Definition
type of normative ethics
critical study of majority moral precepts that is correct for all autonomous rational beings (how to act)
Term
applied ethics
Definition
type of normative ethics
application of normative theories to practical moral problems (what to do)
Term
descriptive ethics (comparative ethics)
Definition
type of normative ethics
what people believe is right and wrong
Term
Meta-ethics
Definition
understand ethical terms, theories and application
Term
consequential ethics
Definition
the morally right action is whatever action leads to the maximum balance of good over evil. Actions/consequences
Term
Utilitarian ethics
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)
Term
Deonotological ethics
Definition
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
Term
nonconsequential ethics
Definition
denies consequences. Right and wrong are based on intrinsic properties
Term
Beneficence
Definition
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
Term
Paternalism
Definition
individuals or institution (political, military, organizational, religious) knows what’s best for others and makes the decisions
Term
Medical paternalism
Definition
physicians making choices for a patient by with-holding medical information
Term
Nonmalfiecence
Definition
“First, do no harm”
Requires PAs to avoid causing patient harm
To impose no unnecessary or unacceptable burden upon a patient
Term
respect for autonomy
Definition
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
Term
Justice
Definition
A fair distribution of resources, benefits, risks and cost. Patient in similar circumstances should receive similar care
Term
situational ethics
Definition
those times where a person's beliefs and values can change as circumstances change. Sometime good people do bad things
Term
Ethical relativism
Definition
morally right in one society may be morally wrong in another
Term
artificial insemination
Definition
injection of seminal fluid into a woman to induce pregnancy
Term
"Test tube" or "In Vitro" fertilization
Definition
semen is introduced to the oocyte external to the woman's body and a fertilized ovum is placed into the woman's body
Term
homologous artificial insemination
Definition
woman's husband's semen is used
Term
heterologous artificial insemination
Definition
donor other than the husband
Term
uniform anatomical gift act
Definition
which act
making, accepting and using anatomical gifts - individual of sound mind of at least 18 y/o.
Term
Informed consent
Definition
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
Term
Institutional Review board (IRB)
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
Term
Sterilization
Definition
termination of the ability to produce offspring
Term
wrongful birth
Definition
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.
Term
wrongful life
Definition
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
Term
wrongful conception
Definition
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
Term
surrogacy
Definition
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
Term
Genetic Information Nondiscrimination Act (GINA) of 2008
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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