Term
| :type of ethics that involves an individual's view |
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Definition
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| :type of ethics that involves a global view |
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Definition
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Term
| What is moral code? What are its two components? |
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Definition
| It is professional ethical and unethical behavior. Made up of morality and morals. |
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Term
| : behavior that all rational persons should put forth to govern their behavior |
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Term
| :ideas about what is right and wrong |
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Definition
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Term
| What are the 3 components of the code of ethics? |
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Definition
| Standards, principles and rules |
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Term
| : honesty, respect for others, conscientiousness |
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Definition
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Term
| : specify specific duties/conduct |
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Term
| :judgments concerned with what an individual/group believes is right in a given situation |
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Term
| :when values, rights, duties, and loyalties conflict and not everyone is satisfied with a particular decision. |
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Definition
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Term
| :unjustifiable violations to the moral rules or failing to follow moral ideals when it can be done so justifiably |
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Term
justifiably obeying the moral rules or justifiably following moral ideals
Ex: returning a lost wallet fully intact to its owner |
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Definition
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Term
| :attempt to determine what moral standards should be followed |
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Definition
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Term
| critical study of majority moral precepts that is correct for all autonomous rational beings (how to act) |
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Definition
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Term
| :application of normative theories to practical moral problems (what to do) |
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Definition
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Term
| :what people believe is right and wrong |
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Definition
| Descriptive or comparative ethics |
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Term
| :understand ethical terms, theories and application |
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Term
The morally right action is whatever action leads to the maximum balance of good over evil (greatest good for the greatest number)
- Actions/consequences |
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Definition
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Term
o Moral worth is solely determined by its contribution to overall usefulness (greatest good for most)
o Moral worth of action is determined by its outcome (end justifies the means) |
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Term
o Denies consequences
o Right & wrong are based on intrinsic properties |
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Definition
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Term
o Doing the right thing may not always lead to the good and right thing sought after
o Duty to others & others’ rights
o Telling the truth & keeping promises |
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Definition
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Term
| AAPA Code of Ethics – 4 main bioethical principles? |
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Definition
| Autonomy, Beneficence, Nonmaleficence, and justice |
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Term
o PAs should act in the patient’s best interest
o Doing good, Demonstrating kindness, Showing compassion, Helping others
o Balancing risks and benefits
o Requires knowledge of beliefs, cultures, values & preferences |
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Definition
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Term
| :individuals or institution (political, military, organizational, religious) knows what’s best for others and makes the decisions |
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Definition
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Term
| :physicians making choices for a patient by with-holding medical information |
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Definition
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Term
o “First, do no harm”
o To impose no unnecessary or unacceptable burden upon a patient |
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Definition
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Term
o Right of a person to make one’s own decisions
o Actions of one person must not infringe upon the rights of another
o 14th amendment – individual’s right to make his/her own decisions about health care (accept/refusal of care)
o Every adult of sound mind has a right to determine what shall be done with his/her own body
o Without patient’s consent – assault & liable for damages |
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Definition
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Term
o A fair distribution of resources, benefits, risks and cost
o Patients in similar circumstances should receive similar care |
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Definition
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Term
o Those times where a person’s beliefs and values can change as circumstances change
o People contradict what they believe is right and do what is wrong |
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Definition
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Term
| o Morality is relative to the norm’s of one’s culture |
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Definition
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Term
| What are the 6 elements of professionalism? |
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Definition
| altruism, accountability, excellence, duty, honor/integrity and respect for others. |
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Term
| the principle or practice of unselfish concern for or devotion to the welfare of others. |
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Term
| the state of being accountable, liable, or answerable. |
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Term
| the state, quality, or condition of excelling; superiority. |
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Term
something that one is expected or required to do by moral or legal obligation.
(example: informed consent) |
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Definition
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Term
| fairness, or integrity in one's beliefs and actions. |
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Definition
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Term
| adherence to moral and ethical principles; soundness of moral character (example: doing the right thing even when people are not watching) |
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Definition
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Term
1. Specialized body of knowledge and skill
2. Unique socialization of student members
3. Licensure/certification
4. Professional associations
5. Governance by peers
6. Social prestige
7. Vital service to society
8. Code of ethics
9. Autonomy
10. Equivalence of members
11. Special relationship with clients
What are all these examples of? |
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Definition
| Professional structural attributes |
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Term
1. Use of professional organizations as a major reference
2. Belief in service to public
3. Belief in self-regulation
4. Sense of calling to the field
5. Autonomy
What are these examples of? |
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Definition
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Term
1. Tolerance
2. Respect
3. Proper conduct
4. Diplomacy
“put downs”
disrespect, intolerance, emotionally abusive behavior is glamorized
What are these examples of? |
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Definition
| Behavioral Attributes (also known as civility) |
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Term
| -knowing one’s own emotions, managing one’s own emotions, motivating oneself, recognizing emotions in others, handling relationships |
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Definition
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Term
| What is the keystone to emotional intelligence? |
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Definition
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Term
| Covey’s 3 Habits of Highly Effective People? |
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Definition
1. Be proactive
2. Begin with the end in mind
3. Put first thing first |
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Term
| person who is overwhelmed with emotion. They do not hear clearly, cannot think rationally and resort to primitive emotional reactions |
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Definition
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Term
| How do you handle a "flooded" patient? |
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Definition
| listen actively, validate, empathize, maintain ones own sense of control and self-restraint |
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Term
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Definition
o 1. Catalyst for change (not responsible for it)
o 2. Altering your thoughts (to change your feelings)
o 3. Listen and then make a dx
o 4. Make an agreement with the pt
o 5. Education & Follow Up
o 6. Reach out & discuss your feelings after seeing the pt with trusted attendings/peers/colleagues |
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Term
o Abortion is the premature termination of pregnancy whether spontaneous or induced.
o Semesters and Abortion decisions:
o First: between woman and physician
o Second: protecting woman’s health
o Third: potentially viable human life, preservation of life of health of the mother (determined if fetus can survive outside the womb or not)
o Spousal Consent – unconstitutional in the state of Florida |
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Definition
| Abortion – 1973 – Roe v Wade – when life actually begins |
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Term
o Clear duty to warn pt of risks/benefits/alternatives
o Written consent from each person in the clinical trial |
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Definition
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Term
| 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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Definition
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Term
| harm suffered as a result of being born. Because there is no recognized legal right “not to be born” |
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Definition
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Term
| 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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Definition
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Term
o Prohibits discrimination by health insurance, life insurance, disability insurance or long term care insurance on the basis of genetic information
o Prohibits employers from using genetic information when hiring, firing, job placement or promotion decisions
o NO federal legislation for protection of discrimination |
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Definition
| Genetic Information Nondiscrimination ACT (GINA) of 2008 |
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Term
| What is CAGE with alcohol substance abuse? |
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Definition
C – cut down on your drinking
A – annoyed if people criticize your drinking
G – guilt about your drinking
E – eye opener needed/wanted first thing in the morning for the hangover |
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Term
| What is the BAC for all states? |
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Definition
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Term
| Top 3 most commonly abused drugs? |
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Definition
| opioids, CNS depressants and stimulants |
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Term
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Definition
| Top 10: Heroin, cocaine, meth, crack cocaine, LSD, ecstasy, opium, marijuana, mushrooms, PCP |
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Term
| intentional commission of an act (give lethal drug) – can be criminally sanctioned |
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Definition
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Term
| lifesaving treatment (like respirator) is removed or withheld allowing patient to die “natural” death |
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Definition
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Term
| terminally ill residents of Oregon within 6 months of death are allowed to obtain a legal dose of medicine from their doc to end life. What Act? |
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Definition
| Death with dignity act of 1994 |
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Term
| o Legal documents that describes tx an individual wishes or does not wish to receive should they become incapacitated |
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Definition
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Term
o 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
o Not activated until the principal becomes incompetent or unable to make own decisions
o Signed by the principal, primary agent and 2 witnesses |
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Definition
| Durable power of attourney for health care |
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Term
| an agent that makes a decision in a particular decision |
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Definition
| surrogate decision making |
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Term
| 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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Definition
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Term
| which the court declares a person incompetent and appoints a guardian |
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Definition
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Term
| 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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Definition
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Term
| a physician recognizes that the effect of tx will be of no benefit to the patient – must be made by physician |
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Definition
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Term
done when death is imminent and cannot be prevented with available tx
--considered when – patient is terminal or in a non-cognitive/cardiac state and there is NO reasonable possibility of restoration of cognitive/cardiac function – encourage Palliative care for end-of-life situations |
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Definition
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Term
o In the event of cardiac or respiratory arrest “No” resuscitative measures should be used to revive the patient
o Usually one’s quality of life has been diminished & “heroic” rescue are no longer in the pt’s best interest
o DNR 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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Definition
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Term
| What is the decision of the ethics committee based on? |
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Definition
The decision is based on the patient’s:
o Personal assessment of quality-of-life
o Expressed choices
o Advanced directives
o Assessment of risks, benefits and alternatives |
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Term
| 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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Definition
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Term
| deals with relationships between individuals and government |
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Definition
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Term
| deals with relationships between individuals |
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Definition
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Term
derived from judicial decisions
Res Judicata – “the thing is decided”
Stare Decisis – “let the decision stand” Another lawsuit involving an identical or substantially similar situation is resolved in the same manner as the first lawsuit, 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 |
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Definition
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Term
derived from federal and state legislatures
o A written law from state or federal legislative bodies
o State law cannot violate or conflict with federal law
o Statutory law can abolish any rule of common law |
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Definition
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Term
Which governmental branch
o Enact laws that may be amendments
o Repeal existing legislation
o Create new legislation |
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Definition
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Term
| Which branch Resolves disputes (US Supreme Court, Nation’s highest court, only federal court created by constitution |
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Definition
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Term
| Which branch administers and enforces the law (president on the national level and governor on the state level)? |
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Definition
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Term
| 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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Definition
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Term
| 4 objectives of Tort Law? |
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Definition
o Preservation of peace
o Culpability (find fault for wrongdoing)
o Deterrence (discourage wrongdoing)
o Compensation (injured person of wrongdoing) |
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Term
Commission of an act (unintentional)
o 1. Administration of the wrong medication (Rx)
o 2. Administering the wrong dosage of a Rx
o 3. Administering an Rx to the wrong patient (pt)
o 4. Performing a surgical procedure w/o pt’s consent
o 5. Performing a surgical procedure on the wrong pt
o 6. Surgically removing the wrong body part
o 7. Failing to assess and reassess a pt’s nutritional needs
o 8. Failure to present oral data to preceptor
o 9. Failure to obtain a medical history |
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Definition
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Term
(an act that a reasonably prudent person would or would not do under given circumstances)
o 1. Failing to administer medications
o 2. Failing to order diagnostic tests
o 3. Failing to follow-up on abnormal test results
o 4. failure to present oral data to preceptor
o 5. failure to review medical record to obtain data
o 6. failure to document in medical record
o 7. failure to address abnormal findings on chart. |
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Definition
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Term
| 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 |
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Definition
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Term
| the negligence or carelessness of a professional person |
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Definition
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Term
| the reckless disregard for the safety of another (willful indifference to an injury that could follow an act) |
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Definition
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Term
o Execution of an unlawful or improper act
o Ex: Performing an elective abortion in 3rd trimester when prohibited by law |
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Definition
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Term
o Improperly performing an act, resulting in injury to another
o Ex: surgery on the wrong site |
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Definition
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Term
o Failure to act, when there is a duty to act as a reasonable prudent person would in similar circumstances
o Ex: failing to order a diagnostic test or prescribe Rx that should have been ordered under the circumstance |
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Definition
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Term
| a legal obligation of care, performance or observance imposed on one to safeguard the rights of others |
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Definition
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Term
o Provide care in an acceptable manner
o Describes what conduct is expected of an individual in a given situation
o “Reasonably prudent person” – nonexistent, hypothetical person who is put forward as the community ideal of what would be considered reasonable standard (“what a reasonably prudent person would or would not have done”) |
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Definition
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Term
| failure to conform to or departure from required standard of care for a patient |
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Definition
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Term
| a connection or relationship between negligent conduct and the resulting damages/injury |
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Definition
| Causation/Proximate cause |
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Term
| the reasonable anticipation that harm or injury is likely to result from an act or omission of an act |
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Definition
| Foreseeability and anticipation of harm |
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Term
| an act that is committed deliberately. Reasons for the act that caused harm is irrelevant, person is responsible for damages suffered as a results of the intentional act |
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Definition
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Term
| 4 elements of Negligence? |
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Definition
1. Standard of care
2. Ethicist and standard of care
3. Duty to provide timely care
4. Duty to hire a competent staff |
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Term
| deliberate threat, coupled with the apparent present ability to do physical harm to another |
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Definition
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Term
| the intentional touching of another’s person, in a socially impermissible manner, without that person’s consent |
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Definition
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Term
| unlawful restraining or confining of an individual. |
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Definition
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Term
| communications to someone other than the person defamed that tends to hold that person’s reputation up to scorn and ridicule |
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Definition
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Term
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Definition
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Term
| written form of defamation |
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Definition
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Term
| right of a person to personal privacy. Right to be left alone. Right to be free from unwarranted publicity and exposed to public view. (right of information in the pt’s record is confidential) |
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Definition
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Term
| violation of law punishable by less than 1 year in jail |
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Definition
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Term
| serious crime, punishable by imprisonment in a state or federal penitentiary for more than 1 year |
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Definition
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Term
| apprehension by a police officer with filing of official paperwork and fingerprinting for formal action in court of law |
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Definition
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Term
| 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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Definition
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Term
| after plea of not guilty, plea-bargaining commences with agreed-on disposition |
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Definition
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Term
| tries to prove that the defendant is guilty |
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Definition
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Term
| tries to prove the defendant is innocent and that their rights are protected |
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Definition
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Term
| jury selection, opening statements, presentation of witnesses/evidence, summations, instructions to the jury by the judge, deliberation, verdict, appeal to higher court |
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Definition
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Term
Definition – intent to defraud person/entity by false or fraudulent pretenses, representations or promises, and so obtain property from one or more such persons
Examples
o Billing for services not rendered
o Falsifying a pt’s diagnosis to justify tests, surgeries, or procedures that aren’t medically necessary
o Misrepresenting procedures performed to obtain payment form insurance companies for uncovered services (cosmetic surgeries)
o Upcoding/downcoding services
o Upcoding/downcoding medical supplies and equipment
o Unbundling
o Billing for unnecessary services
o Accept kickbacks (pt referral, drug reps)
o Waiving pt co-pays/deductibles
o Overbilling insurance |
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Definition
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Term
| An unlawful killing of another person without malice of forethought |
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Definition
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Term
| intentionally killing another person “in the heat of passion” which was caused by provocation of the victim |
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Definition
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Term
| when death occurs as the result of a negligent act (reckless driving |
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Definition
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Term
| unlawful killing of a person with the malice of forethought and the premeditated intent to kill |
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Definition
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Term
| deliberate and premeditated killing of another with malice of forethought |
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Definition
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Term
| not deliberate nor is it premeditated (angel of death) |
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Definition
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Term
| Trial procedure where “the pleading of the case”, all allegations are presented |
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Definition
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Term
| person who initiates/files the complaint in a trial |
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Definition
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Term
| the person against whom the suit is brought |
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Definition
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Term
| writing telling a person that they need to appear before the court |
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Definition
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Term
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Definition
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Term
| a legal order requiring the appearance of a person and/or the presentation of documents to the court |
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Definition
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Term
| 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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Definition
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Term
| written evidence capable of making a truthful statement (drug inserts, medical records) |
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Definition
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Term
| 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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Definition
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Term
| any lack of ordinary care on the part of the person injured that, combined with the negligent act of another, caused the injury |
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Definition
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Term
| 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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Definition
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Term
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Definition
| specify, limit and define the agreement that is legally enforceable |
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Term
| 3 elements of a contract? |
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Definition
| Offer/communication, consideration and acceptance |
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Term
| Part of a contract where 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. |
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Definition
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Term
element of a contract that deals with:
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 (expected)
- Type of work (office, in patient)
- # pts/day/week (1 pt every 15 min)
- 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, other type doesn’t cover you if you no longer work there)
- Holidays, vacation, sick leave
- CME (# days & amount) (5 days is standard)
- Reimbursement for licenses, organizations
- Formal feedback & raises
- Credentialing process
- Termination process
- Observe prior to signing |
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Definition
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Term
Element of a contract that deals with:
Mutual assent between the 2 parties
- Define and complete contract (writing)
- Duration
- Signed |
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Definition
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Term
| Contract to Provide a specific service to a specific organization only (not really seen anymore) |
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Definition
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Term
| contract to Agree not to work for competitor for XX duration of time or w/in XX distance |
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Definition
| noncompetition agreements |
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Term
| XIV Amendment to the U.S. Constitution - 1868 states that... |
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Definition
| cannot deny any person equal protection of law |
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Term
| Civil Rights Act – 1964 prohibits what? |
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Definition
| prohibits racial discrimination |
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Term
| Health and Human Service (HHS) program prohibits what? |
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Definition
| Racial discrimination of providers receiving federal funds |
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Term
Contracts in restraint of trade among states is illegal
Monopolies are guilty of a felony
What ACT? |
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Definition
| Sherman Anti-trust Act - 1890 |
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Term
Safeguard individual privacy
Provide individuals access to records
What ACT? |
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Definition
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Term
Hospital Emergency Departments
o required to provide appropriate medical screening exam
o forbidden to “dump” patients from one emergency department to another
What ACT? |
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Definition
| Emergency Medical Treatment & Active Labor Act - 1986 |
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Term
Provide professional review bodies limited immunity from damages.
Need to improve quality of medical care
o Ability of incompetent physicians to move from State to State without disclosure of incompetence.
Facilitate exchange of information among professionals conducting peer review.
What ACT? |
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Definition
| Health Care Quality Improvement Act 1986 |
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Term
| What ACT aimed to Improve quality of health care and Reduce costs? |
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Definition
| Agency for Healthcare Research & Quality – 1989 |
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Term
| What ACT Prohibits physicians who have ownership interest or compensation arrangements with clinical lab from referring Medicare patients to that lab |
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Definition
| Ethics in Patient Referral Act - 1989 |
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Term
What ACT protects the
Right to be informed of rights.
Right to execute advance directives.
Right to accept or refuse medical care. |
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Definition
| Patient Self-Determining Act – 1980 |
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Term
What ACT protects
o Privacy of patient information
o Confidentiality of patient information
o Security of patient information |
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Definition
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Term
Which ACT was:
Signed by President Bush on 30 July 2002
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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Definition
| Sarbanes-Oxley (SOX) Act of 2002 Promoting Due Diligence |
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Term
| o 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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Definition
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Term
| o relationship established when a principal has no right of control over the manner in which the agent’s work is performed, therefore contractor is responsible for his/her own negligent acts. (some cases organization is responsible) |
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Definition
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Term
| o The hospital is liable if it fails to uphold the proper standard of care owed to the patient, which is to ensure the patient’s safety and well being while at the hospital. |
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Definition
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Term
o Appointed person/governing body who handles day to day operation of the hospital
o 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
o Responsibilities
o Medical staff appointments
o Screen job applicants
o Supervise medical staff
o Allocate resources
o Comply with rules and regulations
o Ensure timely treatment
o Avoid conflict of interest
o Safe environment
o Comply with The Joint Commission |
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Definition
| Chief Executive Officer (CEO) |
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Term
o Accreditations of hospitals, ambulatory care, home care, behavioral health care, laboratory services, long term care, office based surgery
o Standards
o Patient Safety
o “Do Not Use” list
each hospital has its own set of abbreviations that are and are not allowed
o Culture
o Infection control
o National pt safety goals
o Universal protocols |
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Definition
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Term
| when really bad things happen that serve as learning experiences for others. This sentinel even is presented and discussed so that in the future it does not happen again. They are shared within organizations themselves, within a country, and internationally as well. |
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Definition
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Term
| Bioethical principle saying that PAs should act in the patient's best interest. |
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Definition
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Term
| Bioethical principle requiring PAs to avoid causing harm to patients. |
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Definition
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Term
| What are the 4 bioethical principles? |
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Definition
| Beneficence, Nonmalfience, respect for autonomy and justice. |
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Term
| :professional ethical & unethical behavior |
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Definition
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Term
| What are the 3 most common types of professional misbehavior? |
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Definition
| boundary violations, misrepresentation, financial infractions |
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Term
| Homologous artificial insemination |
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Definition
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Term
| Heterologous artificial insemination |
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Definition
| semen donor other than the donor |
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Term
| What did 1946 Military Tribunal for War Crimes: Nuremberg Code mandate? |
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Definition
| called for informed consent of human subjects |
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Term
| What did the 1932-1972 Tuskegee Study of Syphilis result in? |
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Definition
| resulted in 1974 Nat’l Research Act to protect human subjects |
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Term
“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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Definition
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Term
| Describe the pyramid of professional behavior (base, middle and top). |
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Definition
| The base is Ethical principles and Integrity. The middle if civility or behavior. The top is Professionalism (attitudes and structure) |
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Term
| What is the second key to emotional intelligence? |
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Definition
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Term
| :Case of Estate of Behringer v. Medical Center at Princeton |
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Definition
| AIDS-infected surgeon filed a discrimination claim when the hospital restricted his surgical privileges, New Jersey court upheld the hospital's decision |
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Term
| :Uniform Anatomical Gift Act |
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Definition
| making, accepting & using anatomical gifts – individual of sound mind of at least 18 y/o |
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Term
| :1949 International Code of Medical Ethics |
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Definition
| prevents exploitation of unwilling prisoners |
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Term
| What is Eugenic Sterilization? |
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Definition
| Involuntary or mentally deficient |
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Term
| Who must sign and date a Living Will? |
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Definition
| the patient and 2 witnesses |
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Term
| Who must sign a durable power of attourney for health care? |
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Definition
| the patient, the person making the decisions for them and 2 witnesses. |
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Term
| Law derived from administrative agencies? |
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Definition
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Term
| 4 elements of Negligence? |
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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
| :imposed time constraints that restrict the period of time after an injury occurs during which a legal action must be commenced |
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Definition
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Term
| :common-law doctrine by which federal and state gov’t historically have been immune from liability |
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Definition
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