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legal ethics
test 2 review legal ethics
35
Other
Graduate
12/08/2009

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Term
a moral value expected of all caregivers. those who lack this have a weakness in their moral character.
Definition
compassion
Term
primary ethical norm is to....
Definition
do no harm
Term
this is a process for validating the background and assessing the qualifications of health care professionals to provide health care services in an organization
Definition
credentialing
Term
what are the hospital's duties to ensure competency?
Definition
1. responsible to screen medical staff applicant's credentials
2. responsible to screen prior to privileges granted
3. responsible for quality of care and peer review
Term
this is what it is called when you explain the risk, benefits, and alternatives to the patient
Definition
informed consent
Term
when 2 or more medically acceptable tx for medical problem
Definition
pt autonomy honored
Term
relationship between a physician and pt, once established, continues until it is ended by the mutual consent of the parties. a physician who decides to whithdraw his/her service must provide the pt with reasonable notice. if the physician does NOT do these things,...it is called....
Definition
abandonment
Term
elements of abandonment...
Definition
1. medical care was unreasonably discontinued
2. discontinuance of medical care was against the pt's will
3. the physician failed to arrange for care by another physician
4. foresight indicated that discontinuance might result in physical harm
5. actual harm was suffered by the pt
Term
privacy of pt medical information
Definition
confidential communications
Term
intentional alteration, falsification or destruction of medical records to avoid liability for one's medical negligence is sufficient to show malice and punitive damages may be awarded.
Definition
falsification of records
Term
failure to respond to emergency department call
Definition
negligence
Term
failure to read nurses' notes
Definition
breach of standard of care, deprived pt of adequate care
Term
pt's ailment is beyond his/her scope knowledge/technical skill/ ability/ capacity to tx with likelihood of resonable success
Definition
failure to seek consultation
Term
one of the leading causes of pt injuries
Definition
medication error
Term
right to equal pay for equal work. gender discrimination prohibited. fair wages for work performed.
Definition
Equal pay act (EPA) 1963
Term
Employee rights...
Definition
1. right to equal pay for equal work (EPA) 1963
2. right to refuse to participate in care
3.right to be free from sexual harassment
4. right to be free from discrimination and harassment of all types
5. right to be treated with dignity and respect
6. right to fair treatment in employment
7. right to be free from retaliation for filing a claim or complaint against an employer (whistleblower rights)
8.right to suggest changing physician
9.public policy
10. right to be free from intimidation
11. right to a safe workplace free of dangerous conditions, toxic substances and other potential safety hazards
11. right to privacy and confidentiality
Term
employee responsibilities
Definition
1. be a pt advocate
2. be compassionate
3. honor pt's wishes (advance directives)
4. maintain confidentiality
5. maintain other employees privacy and confidentiality
6. adhere to safety practices
7. preventing infections
8. exercise discretion an dgood judgment
9.adhere to professional standards
10. maintain professional relationships
11.report unethical behavior
12. protect pts from harm
13. report pt abuse
14. report unethical conduct
Term
health care provider's pledge...
Definition
1. i will be compassionate
2. i will not neglect my duties and responsibilities
3. i will read instructions and follow protocols
4. i will seek verification of questionable orders
5. i will report concers for pt safety
6. i will not assume responsibilities beyond my capabilities
7. i will call for help when a pt's medical needs suddenly changes
8. i will continuously improve my skills and participation in continuing education opportunities
Term
-employers with 15 or more employees
- prohibits employers from discriminating in the hiring process based on race, color, religion, sex, or national origin
Definition
title VII
Term
1. Defines a disability as a physical or mental impairement that substantially limits one or more major life activities
2. prohibits discrimination against a person with a qualified disability
3. provides that if an individual with a disability can perform essential functions with or without reasonable accommodation, that person cannot be discriminated against on the basis of the disability
Definition
Americans with disabilities Act (ADA)
Term
1. prevents employers from giving preferential treatment to younger workers to the detriment of the older workers
2. only applies to workers 40yo and older, and to workplaces with 20 or more employees
3. does not prevent an employer from favoring older employees over younger employees
Definition
age discrimination in employment act
Term
1. provides regulation as to the duration of work days, and breaks an employer must provide
2. governs applicable salary and overtime requirements set out by the federal government
3. FLSA generally requires employers to pay their employees overtime (more than 40 hours a week) at a rate of 1.5 time their regularly hourly rate
Definition
Fair Labor Standards Act (FLSA)
Term
voluntary agreement by a person who possess sufficient mental capacity to make intelligent choice to allow another person to perform a proposed medical procedure on himself/herself
Definition
consent
Term
determined by some act of silence, which raises presumption that consent is authorized
Definition
implied consent
Term
legal concept that provides a patient has a right to know the potential risks, benefits and alternatives of a proposed procedure
Definition
informed consent
Term
T/F hospitals have the duty to obtain informed consent
Definition
F- physician/ PA has this duty
Term
a pt is considered competent to make decisions UNLESS
Definition
court determines them otherwise or 2 physicians declare them incapacity
Term
a child (<18 y/o) who has suffered intentional serious mental, emotional, sexual and/or physical injury inflicted by a parent, or other person usually responsible for the child’s care
Definition
child abuse
Term
signs of child abuse
Definition
Unexplained or unexpected death

Occurrence of broken bones

Sudden & unexpected emotional outbursts, agitation or withdrawal

Bruises, welts, discoloration, & burns
Term
times when CPS gets involved...
Definition
Reported malnutrition or failure of a child to thrive.
Reported medical neglect of a child.
Symptoms of serious emotional problems in a child when emotional or other abuse, abandonment, or neglect is suspected.
A sibling or other child remaining in a home where one or more children have been pronounced dead on arrival or have been injured and later died as a result of suspected abuse, abandonment or neglect.
Term
assures the public that certified PAs meet professional standards of knowledge and skills
Definition
NCCPA
Term
providing pts in similar circumstances similar care and fair distribution of risk
Definition
justice
Term
failure to exercise care and diligence ordinarily exercised by a comparable physician/ PA
Definition
negligence
Term
what a reasonable provider would do under the same/similar circumstance
Definition
standard of care
Term
leading cause of death in pregnant women
Definition
homicide
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