© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
Litigation Terminology
• Plaintiff
–Person bringing charges in lawsuit
• Defendant
–Person against whom charges are
being brought
• Liable
–Legally responsible or obligated
1-5
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
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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
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Liability for Manufacturers
• Manufacturers of health care
equipment can be liable through:
–Breach of warranty
–Untrue statements
–Fraud • Intentional deceit
1-9
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
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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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
Codes of Ethics
• Govern behavior of members
• Increase the level of competence and
standards of care within the group
1-17
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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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
Early Medical Codes of Ethics
• Code of Hammurabi
• Hippocratic Oath
• Percival’s Medical Ethics
• American Medical Association
Principles
1-20
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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
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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
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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
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Members of Ethics Committees
• Physicians
• Nurses
• Social workers
• Clergy
• Family members
• Community members
1-26
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Etiquette
• Standards of behavior considered
good manners
• Protocol
–Standard rules of etiquette applied
to place of employment
1-27
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Qualities for Success in Health Care
• Courtesy
–The practice of good manners
• Compassion
– Empathy
• Common sense
–Sound practical judgment
1-28
© 2013 The McGraw-Hill Companies, Inc. All rights reserved.
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
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