medical law and ethics, second edition bonnie f. fremgen ©2006 pearson education, inc. pearson...

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Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction to Medical Law, Ethics, and Bioethics Chapter 1

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Page 1: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Introduction to Medical Law, Ethics, and Bioethics

Chapter 1

Page 2: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Welcome to HS101

Sara Udelhofen

MBA, MT (ASCP), CT (ASCP), CCA (AHIMA)

Medical Assistant Instructor

 641.494.3514 - phone

[email protected]*Relator*Repsonsibility*Futuristic*Arranger

 

 

Page 3: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

HS101 Seminar RubricGrade Evaluation Criteria Points

A

Frequent interactions on concepts being discussed by students and instructor Posts are on topic and contribute to the quality of the seminar Student arrives on time and stays the entire seminar Student supplies reference to back up comment

90-100%18-20 points

B

Some interactions on concepts being discussed by students and instructor Posts are generally on topic and contribute to the quality of the seminar Student is tardy or leaves early

80-89%16-17 points

C Few interactions on concepts being discussed by students and instructor Student is tardy and leaves early

70-79%14-15 points

D

No interactions on concepts being discussed by students and instructor Off topic conversations Student attends less than half of the seminar Student appears unfamiliar with seminar topic

60-69%12-13 points

F

Off topic conversations and/or abusive or inappropriate behavior No interactions with students and instructor Student attends a fraction of the seminar

<60%0-11 points

Page 4: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

HS101 Discussion Board RubricGrade Evaluation Criteria Points

A

Participates with the required number of relevant postings of required length

Initial response posted by Saturday; comments posted by Tuesday.

Consistently responds to postings Consistently uses Standard American English with rare misspellings Frequently attempts to motivate the group discussion Presents creative approaches to topic Accurately cites information.

90-100%

36-40 points

B

Participates with the required number of relevant postings of required length Initial response posted by Saturday; comments posted by Tuesday. Postings reflect the reading and some outside source material but may not be accurately cited.  Consistently uses Standard American English with rare misspellings Comments are logical and reflect critical thinking.

80-89%

32-35 points

C

Participates with the required number of relevant postings of required length Initial response posted by Saturday; comments posted by Tuesday. Participates, but does not post anything that encourages others to respond to the posting. Minimal grammatical or spelling errors are noted in posts Opinions and ideas are stated clearly

70-79%

28-31 points

D

Participates with the required number of relevant postings Initial response not posted by Saturday; comments posted by Tuesday. Significant errors in spelling and/or grammar Occasionally posts off topic Posts do not meet length requirements

60-69%

24-27 points

F

Does not meet the required number of posts on time Poor spelling and grammar appear in most posts Posts topics which do not relate to the discussion content

<60%

0-23 points

Page 5: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Late Work Policy

Extenuating Circumstances: If you have extenuating circumstances that prevent you from completing projects, quizzes, seminars or participating in the class, please contact the instructor to make alternative arrangements. The possibility of alternative arrangements is at the discretion of the instructor. Active communication is the key to overcoming any hurdles you may encounter during the term. It is your responsibility to inform the instructor (ahead of time, whenever possible) of extenuating circumstances that might prevent you from completing work by the assigned deadline. In those situations, we will work together to come up with a mutually acceptable alternative. Prior notification does not automatically result in a waiver of the late penalties. Please note that evaluation of extenuating circumstances is at the discretion of the instructor and documentation may be required for verification of the extenuating circumstance. Examples of extenuating circumstances may include but are not limited to: personal/family member hospitalization, death in the family, weather/environmental evacuation due to fire/hurricane, or active military assignment where internet connectivity is unavailable for a limited time period. Computer-related issues, internet connectivity issues and clinical blocks are not considered extenuating circumstances.

Late Work Policy

Students are expected to submit all outside-of-class assignments and projects on the due date as listed in the course syllabus. The University acknowledges that at times extenuating circumstances occur, so late work or alternative assignments will be accepted up to one week after the original due date. Ten percent (10%) will be deducted for any late assignment. The instructor may require an alternative version of the assignment be submitted.

Page 6: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Unit 1 Outcomes

HS101-U1-1: Explain the syllabus, objectives, and policies of the HS101 course.

HS101-U1-2: Begin getting to know your fellow students using the discussion areas.

HS101-U1-3: Identify the effect personal ethics may have on professional performance.

Page 7: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Why Study Law, Ethics, and Bioethics?

Illegal is almost always unethical Basic understanding of law as it applies to medical

practice is essential Helps protect employee and employer from lawsuits Assists medical professional in making decisions

based on reason and logic rather than on just emotion

Page 8: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Page 9: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Medical Law

Addresses legal rights and obligations that affect patients and protect individual rights, including rights of health care employees

Provides yardstick to measure actions

Punishes unlawful actions

Page 10: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Medical Practice Acts

Apply to how medicine is practiced in individual states

Define meaning of the practice of medicine in that state

List requirements and methods for licensure Define what constitutes unprofessional conduct

Page 11: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Ethics

Branch of philosophy related to morals, moral principles, and moral judgment

Uses reason and logic to analyze problems and find solutions

Concerned with actions and practices that improve welfare of people in a moral way

Page 12: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Medical Ethics

Concerns issues related to practice of medicine

Explores and promotes principles regulating conduct of health care professionals

Involves consideration of others in deciding how to act

Page 13: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Utilitarianism

Greatest good for the greatest number

Impact of actions on welfare of society as a whole

Ends justify the means

Example: Medicare

Page 14: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Rights-Based Ethics

Emphasis on individuals’ rights

Rights belong to all people

Duty-Based Ethics

Focuses on performing duty

Explores conflicting opinions about “duty”

Page 15: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Virtue-Based Ethics

Emphasis on people, not on decisions or principles involved

Examples: fairness and honesty

Seeking the “good life”

Page 16: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Values That Drive Ethical Behavior

Beneficence Fidelity Gentleness Humility Justice

Perseverance Responsibility Sanctity of life Tolerance Work

Page 17: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Interpersonal Ethics

Respect

Integrity

Honesty

Fairness

Empathy

Sympathy

Compassion

Loyalty

Page 18: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Three-Step Ethics Model

1. Is it legal?

2. Is it balanced?

3. How does it make me feel?

Page 19: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Seven-Step Model for Examining Ethical Dilemmas

1. Determine the facts

2. Define the precise ethical issue

3. Identify the major principles, rules, and values

4. Specify the alternatives

5. Compare values and alternatives

6. Assess the consequences

7. Make a decision

Page 20: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Dr. Bernard Lo’s Clinical Model

Gather information Clarify the ethical issues Resolve the dilemma

Page 21: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

What Ethics Is Not

Not about how you feel

Not about sincerity of beliefs

Not about emotional response

Not only about religious beliefs

Page 22: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Bioethics

Moral dilemmas and issues resulting from advanced medicine and medical research

Examples: cloning, stem cell research, and gene therapy

Bioethicists: specialists in the field of bioethics

Page 23: Medical Law and Ethics, Second Edition Bonnie F. Fremgen ©2006 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Introduction

Medical Law and Ethics, Second EditionBonnie F. Fremgen

©2006 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458

Student Responsibilities

Unit 1– Post to the

introduction– Post to the

Discussion Board– Participate in Seminar

or complete Option 2

Due 9-25-12 @ EOD

Unit 2– Post to the

Discussion Board – Participate in Seminar

or complete Option 2– Complete Unit 2 Quiz

Project (55 points)

Due 10-2-12 @ EOD