Chapter 5 _ Ethical and Legal Implications of Practice-2
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Los Angeles Pierce College *
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Course
001
Subject
Philosophy
Date
Feb 20, 2024
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4
Uploaded by EarlAntelopePerson1026
Chapter 5 – Ethical and Legal Implications of Practice
1.
Summarize the philosophical foundations of ethics.
Philosophy, The love of wisdom and the pursuit of knowledge
concerning humankind, nature, and reality
Ethics, One of the disciplines of philosophy which is
primarily concerned with the question of how we
should act
“Respect the humanity in persons”
2.
Explain what constitutes an ethical dilemma and how such dilemmas arise in
health care.
patient expectations, staffing, and quality of care
rationing of care, dealing with conflicts associated with third party–imposed standards of
care, and delivery of the appropriate standard of care in the face of cost constraints
and corporate influence. Staffing issues continue to be a problem and contribute to
many of the ethical and legal concerns
3.
Describe how professional codes of ethics apply to ethical decision-making.
Essential part of any profession claiming to be self-regulating
This code seeks to establish parameters of behavior for members of the
profession. Provide the foundation for all ethical behavior Consists of two
components: A professional duty and a patient right
4.
Explain how traditional ethical principles are useful in resolving ethical dilemmas.
With Autonomy, Veracity, Nonmaleficence, Beneficence
5.
Describe the information that should be gathered before making an ethical
decision.
1-identify the problem or issue
2-identify the individuals involved
3-identify the ethical principle or principles that apply
4-identify who should make the decision
5- identify the role of the practitioner
6-consider the alternative (long term and short term consequences)
7-make the decision (including the decision not to act)
8-follow the decision to observe its consequences
6.
Explain how the systems of civil and criminal law differ.
Criminal law - deals with acts against welfare and safety of public
Civil law—protects citizens from others who might seek to take unfair advantage
7.
Describe what constitutes professional malpractice and negligence.
Negligence:
The practitioner owes a duty to the patient ,The practitioner breaches that duty
The breach of duty was the cause of damages, Damage or harm came to the
patient
Malpractice:
Criminal malpractice (e.g., assault and battery), Civil malpractice (e.g.,
negligence), Ethical malpractice (e.g., violations of professional
ethics, possibly resulting in censure)
8.
Explain how a respiratory therapist can become liable for wrongful acts
Disclosing HIPAA
Patient confidentiality
9.
List the elements that constitute a practice act.
-Scope of professional practice
-requirements and qualifications for licensure
-exemptions
-grounds for administrative action
-creation of examination board and process
-penalties and sanctions for unauthorized practice
10.Explain how licensing affects legal responsibility and liability.
Know what to expect of obtaining licensure and the requirements to remain
licensed
11. Describe how changes in health care delivery have shaped the ethical and
legal aspects of practice.
Rapidly changing relating to how services are funded and how patients and
health care workers interact, Managed care affects the ethical
decision-making process, Health care practitioners must consider not only the
best services to deliver to patients but also the best managed care outcome
12.Summarize the basic elements of the
Health Insurance Portability and
Accountability Act
of 1996 (HIPAA).
Congressional act to establish standards for privacy of individually identifiable
health information
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13.Discuss the Patient Protection and Affordable Care Act.
2010 Congress passed the PPACA in an attempt to reform healthcare
One thing the statue did was improve whistleblower protections for hospital
works
14.Summarize the basic elements of the National Labor Relations Act.
It is usually thought as “union” statue, NLRA provides protections to hospital
workers whether they are organized into a union or not
15.Discuss elements of the False Claims Act.
FCA (false claims act) was buried in the banking section of the united states
code , the most powerful part of the statue is the part that permits an employee
with knowledge of fraud or false billing to file a lawsuit against the company or
organization engaging in fraud
16.Describe the role of advance directives and living wills in health care.
Recognizing the right of competent adults to exercise choices concerning their
health care