Transcript Medical Law and Bioethics

Welcome to HS 101 – Medical Law
and Bioethics
•
Joseph P. Oldaker - Instructor
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Agenda - Seminar 1
•
•
Course Introduction and Expectations
Overview of Chapter 1 Material
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Course Introduction
Welcome to Medical Law and Bioethics
Joseph P. Oldaker, J.D. – [email protected]
AIM: jpoldaker
•
Syllabus Available in Doc Sharing
–
Grading Criteria/Course Evaluation:
Discussion: 9 Discussions at 40 points each
Seminar: 9 Seminars at 20 points each
Projects: 2 Projects at 120 points for Units 4 and 8
1 Project at 100 points for Unit 9
Two Quizzes
Total:
–
Kaplan University Grading Scale:
–
–
–
–
–
A
AB+
B
BC+
C
CD+
D
F
93-100%
90-92%
87-89%
83-86%
80-82%
77-79%
73-76%
70-72%
67-69%
60-66%
0-59%
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
360 points
180 points
240 points
100 points
125 points
1000 points
4.0
3.7
3.3
3.0
2.7
2.3
2.0
1.7
1.3
1.0
0.0
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Office Hours
•
•
Sunday 9-11 pm EST on AIM.
My username is: Jpoldaker
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Grading Rubrics
•
•
•
These are the grading criteria for assignments.
They define, in writing, what is expected of the
student to get a particular grade on an
assignment.
Heidi Goodrich Andrade, a rubrics expert,
defines a rubric as "a scoring tool that lists the
criteria for a piece of work or 'what counts.'
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Discussion Board Assignment Rubric
–
–
–
Make 1 initial post (per question) of ~100 words. Respond to
two other students’ initial post.
Writing Clarity
Professional Development
+ Imagine these discussion boards are a string of emails or memos
to your manager or boss.
+ Use Proper English
–
Do Not Use: abbreviations (LOL, OMG, BTW, ROTFL, TTYL), ALL
CAPS, pet names like “honey” or “sweetie,” incomplete sentences,
run-on sentences, emoticons
– Do use: short, concise sentences that are easy to understand and
the Spell-Checker. If you have used 3 commas without a list, the
sentence is probably too long.
–
–
Crafting a response to discussion questions
Grading rubric for Discussion Board Assignments:
+ To receive the maximum amount of points, have three total posts
PER QUESTION, over the course of three different days.
+ Your initial post must be on time (posted by Saturday).
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
•
Each assignment for this course has its own
specific rubric. Please read the rubric
BEFORE completing the assignment. You
may email me any questions that you have
about how an assignment will be graded.
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
The Kaplan Writing Center
•
•
•
•
For many of you, this is your first college-level
course – or your first college-level course in
some time.
The Kaplan Writing Center is there to help you!
Previous students have improved their writing
(and grades!) greatly from using this resource.
View the Course Announcements to obtain
information on the Kaplan Writing Center.
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
QUIZZES
•
•
Question from Student: How do study for the
quizzes?
Answer: know the vocabulary. Make a list of
all the words in BOLD in the text book. Define
the words. This should act as a very good
study guide for the quizzes.
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Any Questions?
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Medical Law and Ethics
Chapter 1
Introduction to Medical
Law, Ethics, and Bioethics
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Why Study Law, Ethics, and
Bioethics?
•
•
•
Illegal is almost always unethical. For
example, although marches during the Civil
Rights movement were illegal, they were
certainly not unethical.
Basic understanding of law as it applies to
medical practice is essential
Helps to protect patients from poor medical
care
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Why Study Law, Ethics, and
Bioethics? (continued)
•
•
Helps protect employee and employer from
lawsuits
Assists medical professional in making
decisions based on reason and logic rather
than on just emotion
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Medical Law
•
•
•
Addresses legal rights and obligations that
affect patients and protect individual rights,
including rights of health care employees
Provides yardstick to measure or judge actions
Punishes unlawful actions
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Medical Practice Acts
•
•
•
•
Regulate how medicine is practiced in each
state
Provide legal definition for the practice of
medicine in that state
List requirements and methods for licensure
Define what constitutes unprofessional conduct
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
WHAT DO “ETHICS” AND
“MORALS” MEAN TO YOU?
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Ethics
•
•
•
•
Branch of philosophy related to morals, moral
principles, and moral judgment
Morality is being virtuous; practicing
right conduct
Uses reason and logic to analyze problems
and find solutions
Concerned with actions and practices that
improve welfare of people in a moral way
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Medical Ethics
•
•
•
Concerns issues related to practice
of medicine
Explores and promotes principles guiding
conduct of health care professionals
Involves the welfare and consideration of
others in deciding how to act
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Utilitarianism
•
•
•
Greatest good for the greatest number
Impact of actions on welfare of society as a
whole, rather than merely the individual
Ends justify the means
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Utilitarianism (continued)
•
•
Example: Medicare
Weakness: the rights of some people, such as
the poor, may be ignored
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Rights-Based Ethics
•
•
•
Emphasis on individuals’ rights
Rights belong to all people
Weakness: may result in individualist, selfish
behavior—even anarchy
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Duty-Based Ethics
•
•
•
•
Focuses on performing duty
Explores conflicting opinions about “duty”
Differs depending on professional role (i.e.,
RN, physician assistant, medical assistant)
Weakness: difficult to know who determines
one’s duty
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Virtue-Based Ethics
•
•
•
•
Emphasis on people, not on decisions or
principles involved
Examples: fairness, honesty, courage, and
justice
Seeking the “good life”
Weakness: a person may become too trusting
and complacent
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Values That Drive Ethical Behavior
•
•
•
•
•
Beneficence
Fidelity
Gentleness
Humility
Justice
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
•
•
•
•
•
Perseverance
Responsibility
Sanctity of or respect
for of life
Tolerance
Work
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Interpersonal Ethics
•
•
•
•
Respect
Integrity
Honesty
Fairness
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
•
•
•
•
Empathy
Sympathy
Compassion
Loyalty
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Workplace Issues
•
•
•
•
Privacy, or confidentiality
Due process
Workplace free from sexual harassment
Comparable worth
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Three-Step Ethics Model
1. Is it legal?
2. Is it balanced? For example, does one person
or group benefit or suffer more than another?
3. How does it make me feel (i.e., embarrassed,
proud)?
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Seven-Step Model for Examining
Ethical Dilemmas
1.
2.
3.
4.
5.
6.
7.
Determine the facts
Define the precise ethical issue
Identify the major principles, rules, and values
Specify the alternatives
Compare values and alternatives
Assess the consequences
Make a decision
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Dr. Bernard Lo’s Clinical Model
1. Gather information
2. Clarify the ethical issues
3. Resolve the dilemma
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
What Ethics Is Not
•
•
•
•
Not just about how you feel
Not about sincerity of beliefs
Not about emotional response
Not only about religious beliefs
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Bioethics
•
•
•
Moral dilemmas and issues resulting from
advanced medicine and medical research
relating to life
Examples: cloning, stem cell research, and
gene therapy
Bioethicists: specialists in the field of bioethics
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Ethics Committees
•
•
•
•
Examine ethical issues relating to patient care
Contain a variety of members from many
health care disciplines
Can serve in advisory capacity to patients,
families, and staff for case review of difficult
ethical issues
Develop and review health policies and
guidelines regarding ethical issues
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Quality Assurance
•
•
•
Gather and evaluate information about
services
Examine results
Compare information against a standard
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Medical Etiquette
•
•
Certain rules, or standards of professional
behavior, that physicians practice in their
relationships or conduct with other physicians
For example, telephone calls from one MD to
another should be taken promptly
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.
Case Study
•
HIPAA – The Healthcare Insurance Portability
and Accountability Act (1996)
–
–
•
Health care access – ex. preexisting conditions
Privacy Rule
What is the ethical and legal bases of such a
regulation?
Medical Law and Ethics, Third Edition
Bonnie F. Fremgen
Copyright ©2009 by Pearson Education, Inc.
Upper Saddle River, New Jersey 07458
All rights reserved.