Introduction to Law and Ethics - WordPress.com · Introduction to Law and Ethics ... 1.3 Define...

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Ch 1 Introduction to

Law and Ethics


Learning Outcomes

1.1 Explain why knowledge of law and

ethics is important to health care

practitioners.

1.2 Distinguish among law, ethics,

bioethics, etiquette, and protocol.

1.3 Define moral values and explain how

they relate to law, ethics and etiquette.

1.4 Discuss the characteristics and skills

most likely to lead to a successful

career in the health care professions.

1-2


Reasons 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

1-3


Focus of Law and Ethics/Health Care

• The rights, responsibilities, and

concerns of health 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

1-4


Litigation Terminology

• Plaintiff

–Person bringing charges in lawsuit

• Defendant

–Person against whom charges are

being brought

• Liable

–Legally responsible or obligated

1-5


Question

Tell whether the following statement

is true or false.

From a legal standpoint the most

important aspect of a trial is the

outcome.

True

False

1-6


Answer

False

From a legal standpoint the most

important aspect of a court case is

not the result, but whether the case

represents good law and will be

persuasive as other cases are

decided.

1-7


Court Case Rulings

• Precedent

–Decisions made by judges in

various courts that become rule of

law and apply to other cases • Also known as case law

• Summary judgment

–Decision made by a court that

pleads no basis for trial

1-8


Liability for Manufacturers

• Manufacturers of health care

equipment can be liable through:

–Breach of warranty

–Untrue statements

–Fraud • Intentional deceit

1-9


2008 U.S. Supreme Court Decision

• 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.

–Metronic Inc. Case

1-10


Aspect of Product Liability Law

• 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

1-11


Comparison of Law vs. Ethics

1-12


Law

• Rule of conduct or action formally

recognized as binding by a controlling

authority

–Enforcement made possible by

penalties for disobedience • Fines, imprisonment, or both

1-13


Ethics

• Concerned with standards of behavior

and the concept of right and wrong

–Moral values formed through the

influence of family, culture and

society serve as the basis for

ethical conduct.

1-14


Question

Tell whether the following statement

is true or false.

An illegal act by a health care

provider is always unethical, but an

unethical act is not necessarily illegal.

True

False

1-15


Answer

True

An illegal act by a health care provider

is always unethical, but an unethical

act is not necessarily illegal.

Ethics are concerned with standards

of behavior and the concept of right

and wrong, over and above that

which is legal in a given situation.

1-16


Codes of Ethics

• Govern behavior of members

• Increase the level of competence and

standards of care within the group

1-17


Examples of Codes of Ethics

• American Nurses Association Code for

Nurses

• American Medical Association Code of

Medical Ethics

• American Health Information Management

Association Code of Ethics

• American Society of Radiologic

Technologists Code of Ethics

• Code of Ethics of the American

Association of Medical Assistants

1-18


Ethics Guidelines

• Publications that detail 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

1-19


Early Medical Codes of Ethics

• Code of Hammurabi

• Hippocratic Oath

• Percival’s Medical Ethics

• American Medical Association

Principles

1-20


Hippocratic Oath

1-21


Code of Ethics for AAMA

• Render service with full respect for

dignity of humanity

• Respect confidential information

obtained through employment

• Uphold the honor and high principles

of the profession and accept its

discipline

1-22


Code of Ethics for AAMA (cont.)

• Seek to continually improve the

knowledge and skills of medical

assistants

• Participate in additional service

activities aimed at improving the

health of the community

1-23


Code of Ethics for the AAMA

1-24


Bioethics

• Discipline dealing with the ethical

implications of biological research

methods and results, especially in

medicine

• Bioethicists are specialists who

consult with medical professionals to

help make difficult decisions

1-25


Members of Ethics Committees

• Physicians

• Nurses

• Social workers

• Clergy

• Family members

• Community members

1-26


Etiquette

• Standards of behavior considered

good manners

• Protocol

–Standard rules of etiquette applied

to place of employment

1-27


Qualities for Success in Health Care

• Courtesy

–The practice of good manners

• Compassion

– Empathy

• Common sense

–Sound practical judgment

1-28


Skills for Success in Health Care

• People skills

–Traits and capabilities that allow

you to get along well with others

• Technical skills

–Abilities acquired in course of study

• Critical thinking skills

–Problem solving skills

1-29


Steps in Problem Solving Process

• Identify and clarify the problem.

• Gather information.

• Evaluate the evidence.

• Consider alternatives and

implications.

• Choose and implement the best

alternative.

1-30

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