Name: Test Bank for Legal and Ethical Issues for Health Professions 3rd Edition
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ISBN-10 ‏ : ‎ 1455733660
ISBN-13 ‏ : ‎ 978-1455733668
Author: Jeanne McTeigue

With coverage of both legal and ethical issues, this text gives you the foundation to handle common health care challenges in everyday practice. The new edition also includes a variety of exercises to help reinforce text content, as well as updated examples and case studies to help you apply information to professional practice.

Detailed coverage of current legal and ethical issues and case law help facilitate classroom discussion and make concepts more relevant.
What If? boxes present ethical dilemmas and help you apply concepts from the book to real-life examples.
Updated case studies discuss the issues faced in a variety of healthcare settings.

What If? boxes present ethical dilemmas and help you apply concepts from the book to real-life examples.
Updated Case Studies discuss the issues faced in a variety of healthcare settings.
A revised Imaging Liability and Litigation chapter describes how society holds healthcare workers accountable in the workplace.
Important HIPAA information includes the latest privacy guidelines along with ethical and legal implications.

Table of Content:

Chapter 1 The U.S. Legal System
Chapter Objectives
Key Terms
Introduction
What Is the Law?
Discussion
Sources of Law
Branches of Government
Box 1-1 Four Sources of Law
Figure 1-1 Steps leading up to the U.S. Capitol.
Constitution and Bill of Rights
Box 1-2 Amendments to the Constitution
Bill of Rights
Other Amendments
Box 1-3 Checks and Balances
Checks and Balances
Common Law versus Civil Code
Box 1-4 Common Law Versus Civil Code
Box 1-5 Civil Law versus Criminal Law
Types of Law
Criminal Law
Relate to Practice
Box 1-6 Remedies
Civil Law
Torts
Box 1-7 Elements of Negligence
What If?
The Court System
State Trial Courts
Box 1-8 Jurisdiction
Pretrial Discovery
Box 1-9 How to Read a Case Citation
Figure 1-2 The facts, as found by a jury or judge, cannot be appealed.
Courts of Appeals
State Supreme Courts
Box 1-10 The U.S. Federal Courts
Federal District Court System
The U.S. Supreme Court
What If?
What If?
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Chapter 2 The Basics of Ethics
Chapter Objectives
Key Terms
Introduction
What Are Ethics?
Discussion
Codes of Ethics
Medical Codes of Ethics
Tolerance
Medical Ethics
Standards of Practice
Medical Practice Acts
Ethics and the Challenges of Subjectivity
Repeated Wrongs
Ignoring a Witnessed Wrong
What If?
What If?
Subjectivity and the Needs Hierarchy
Figure 2-1 Maslow’s Hierarchy of Needs.
Bioethics
Ethics versus Law
Discussion
Relate to Practice
Relate to Practice
Medical Etiquette
Ethical Decision Making
Principles of Healthcare Ethics
Discussion
Ethical Theories
Ethical Theories
Utilitarianism (Teleology)
Medical Application
What If?
Duty-Based Ethics or Deontology
Medical Application
Rights-Based Ethics
Medical Application
Discussion
Justice-Based Ethics
Medical Application
Figure 2-2 Justice-based ethics is meant to prevent injustice under social contracts, such as the distribution of organ donations. One individual should not have a greater advantage over another.
Virtue-Based Ethics
Medical Application
Relate to Practice
Ethical Decision-Making Models
The Seven-Step Decision-Making Model
Dr. Bernard Lo Clinical Model
Medical Etiquette in Decision Making
Ethics Committees and Quality Assurance
Ethics Committees
Accreditation
Risk Management and Quality Assurance Programs
Discussion
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Bibliography
Chapter 3 Ethical and Bioethical Issues
Chapter Objectives
Key Terms
Introduction
Bioethics
Medical Research
Discussion
Informed Consent and Blind Studies
Figure 3-1 In a blind study, patients may receive no drug (the control group), the new trial drug, or a placebo.
What If?
Conflict of Interest
Discussion
Wakefield Study
Ethical Issues in Reproductive Medicine
Contraception and Sterilization Issues
Voluntary Sterilization
Involuntary Sterilization
Contraception and Abortion
Discussion
Conception Issues
Artificial Insemination
Discussion
In Vitro Fertilization
Figure 3-2 Man helping woman inject drugs in preparation for in vitro fertilization.
Relate to Practice
Surrogate Motherhood
What If?
Genetic Testing and Counseling
Ethical Issues in Biomedical Advances and Genetics Research
The Human Genome Project
Stem Cell Research
Discussion
Ethical Issues in Death and Dying
Decisions to Prolong Life
Palliative and Hospice Care
Advance Directives and Living Wills
Figure 3-3 Advance directives let the healthcare professional know the patient’s wishes when the patient is no longer able to communicate.
Do Not Resuscitate (DNR)
Relate to Practice
Euthanasia
What If?
Ethics in Healthcare Systems and Healthcare Reform
Healthcare Systems
Relate to Practice
Healthcare Reform
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Bibliography
Additional Resources
Chapter 4 Workplace Issues
Chapter Objectives
Key Terms
Introduction
Professionalism
What If?
Hiring and Firing
Discrimination
Illegal Interview Questions
Antidiscrimination Legislation
Sexual Harassment
Qui Tam
Figure 4-1 Sexual harassment is an offense of discrimination according to the Civil Rights Amendment of 1964.
Discussion
What If?
Safety in the Workplace
Figure 4-2 All physical hazard spaces, medical waste, and medical biohazards (such as used sharps) must be handled following specific guidelines initiated by OSHA.
What If?
Documentation
Medical Record
Elements of the Medical Record
SOAP and CHEDDAR Formats
SOAP
CHEDDAR
Reasons for Documentation
Correction and Amendments to the Medical Record
Ownership
Privacy and Release of Information
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The Privacy Rule
What If?
National Provider Identifier (NPI)
What If?
Retention and Maintenance of Medical Records
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Chapter 5 Code and Standards Infractions
Chapter Objectives
Key Terms
Introduction
Disciplinary Action
Workplace Standards
Reasons for Disciplinary Actions
Figure 5-1 Policies and procedures should be well-defined in the employee’s handbook or other employment packets and should include a description of duties or responsibilities as well as the code of ethics or defined standards.
Examples of Work-Related Offenses That Could Warrant Disciplinary Action*
Examples of Work-Related Offenses Specific to Healthcare Professions That Could Warrant Disciplinary Action*
Compliance Plan
Due Process
What If?
Compliance Officer
What If?
Monitoring the Employer or Institution
Fraud
Figure 5-2 Examples of fraud include billing for services not provided, up-coding services for larger reimbursement, or down-coding (under coding) for services provided.
Infractions
Abuse of Privilege
Regulating Agencies
Discussion
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Chapter 6 The Medical Malpractice Lawsuit and the Trial Process
Chapter Objectives
Key Terms
Introduction
Malpractice and Negligence
What If?
Duty
Respondeat superior
Figure 6-1 In respondeat superior, the individual with the highest license or training and/or the owner or highest authority of an organization is ultimately the individual responsible for actions of their subordinate workers.
What If?
Categories of Duty
Discussion
Dereliction of Duty
Direct Cause
Damages
Establishing a Case
Relate to Practice
Defenses for Malpractice
Denial
Affirmative Defense
Emergency Care
Good Samaritan Laws
Comparative Negligence or Contributory Negligence
Figure 6-2 A Good Samaritan law, active in most states, provides immunity to medical professionals who provide healthcare in an emergency without reimbursement or without proper facilities available.
Relate to Practice
Assumption of Risk
What If?
Professional Liability
Prevention of Liability and Malpractice
Role of the Risk Management Supervisor
Figure 6-3 The duties of the risk management supervisor would include monitoring all aspects of prevention of malpractice and guarding the practice against issues of fraud and abuse.
Duties of a Risk Management Supervisor
Safety of Staff and Patients
Communication
Documentation
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Chapter 7 Intentional and Quasi-Intentional Torts
Chapter Objectives
Key Terms
Introduction
Definition of a Tort
Box 7-1 Intentional and Quasi-Intentional Torts
Intentional Torts
Intent
Figure 7-1 To determine intent, we do not necessarily have to establish that the accused individual had a desire to cause harm or injury to a person.
Assault
Battery
Discussion
Consent: A Primary Defense Against Battery
What If?
Implied Consent
Sexual Assault and Battery (Misconduct)
Relate to Practice
False Imprisonment
Defenses Against False Imprisonment Charges
Restraints in the Home-Care Setting
Against Medical Advice
Intentional Infliction of Emotional Distress
Figure 7-2 In the case of a minor, the hospital can attempt to get a court order to require the family to keep the child in the hospital, but any attempt to physically restrain the child or the parent in the absence of a court order exposes the hospital to liability.
Trespass to Land
Quasi-Intentional Torts
Defamation
Defenses of Defamation
Invasion of Privacy
Appropriating Likeness and Placing a Person in a False Light
What If?
Publicizing Private Facts
Breach of Confidentiality
Figure 7-3 Whether a healthcare provider has access to the traditional written medical record or to computerized records, the responsibility to keep information confidential does not change.
Intentional and Quasi-Intentional Torts and Insurance Policies
What If?
What If?
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Bibliography
Additional Resources
Chapter 8 Statutory Reporting and Public Duties
Chapter Objectives
Key Terms
Introduction
Statutory Report Duties
Vital Statistics and Public Health Records
Figure 8-1 The attending physician or midwife completes the initial birth certificate and then submits it to the local (usually county) agency for recording. From there the government’s official certificate of birth is released.
Births
Deaths
Communicable Diseases
What If?
Discussion
Sexually Transmitted Diseases/AIDS
Discussion
HIV/AIDS and the Healthcare Worker
Abuse
Discussion: Case Study—Kimberly Ann Bergalis
Identifying Victims of Abuse
Child Abuse
Elder Abuse
Figure 8-2 Everyone in the healthcare profession is required to report incidents, or suspicion, of child abuse to the appropriate authorities. In addition, as with other cases, the child should be asked—while alone—whether he or she feels safe.
Relate to Practice
Spousal or Partner Abuse
Sexual Assault and Abuse
Substance Abuse
TABLE 8-1 Drug Classifications According to the Controlled Substances Act of 1970
TABLE 8-2 Amendments to the Controlled Substances Act of 1970
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Chapter 9 Professional Liability Insurance
Chapter Objectives
Key Terms
Liability Insurance
Is Your Employer’s Liability Insurance All You Need?
Independent Contractors
Employers’ Liability Policies
Limits of Policy Exceeded
Mergers and Closures
Conflicts Over Liability
Conflicts Over Proposed Settlements
Figure 9-1 Because employee and employer may disagree about the facts of an incident, it is far better to have your own policy and your own attorney, whose loyalty will be only to you, the employee.
Conflicts Between Multiple Employees Over an Incident
Employers’ Self-Insurance
Discussion
Professional Liability Insurance
Key Features of a Private Policy
Cost
Disciplinary Defense Insurance
Figure 9-2 Always examine the key features of an insurance policy before signing anything, and know ahead of time what features you should expect to find.
Policy Limits
Coverage
Peace of Mind
What If?
Applying for Professional Liability Insurance
Details to Provide When Applying for Professional Liability Insurance
Types of Private Liability Policies
Tail Coverage
Occurrence Basis Policy
Prior Acts Coverage
Relate to Practice
Umbrella Policy
Additional Coverage
Components of a Typical Professional Liability Policy
Declarations Page
Policy Provisions
Figure 9-3 The policy jacket is the section that sets forth the generic provisions found in most policies of the same type.
Statement of the Agreement
Exclusions
Duties and Cooperation of Insured
Definitions
Nonrenewal or Cancellation
Right to Defend or Settle
Other Insurance
Expenses of Defending a Claim
Premium Payments
Endorsements
Conclusion: Before Purchasing a Policy
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Bibliography
Chapter 10 Death and Dying Issues
Chapter Objectives
Key Terms
Introduction
Determination of Death
Grief
Advance Medical Directives
Figure 10-1 Both the individual facing the reality of impending death as well as those who care about the individual tend to experience a series of fairly predictable emotional “stages” of grief.
Living Will
Healthcare Proxy
Durable Power of Attorney (DPOA)
Do Not Resuscitate (DNR)
What if?
Relate to Practice
Relate to Practice
Hospice
Figure 10-2 Hospice care provides support for both patients and their loved ones.
Discussion
Euthanasia
Passive and Active Euthanasia
Physician-Assisted Suicide
Landmark Court Decisions Related to Death and Dying
Karen Ann Quinlan
Nancy Cruzan
Terri Schiavo
Organ and Tissue Donation
Figure 10-3 The Organ Procurement and Transplantation Network (OPTN) maintains a national registry for organ matching.
Discussion
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Chapter 11 Conflict Management
Chapter Objectives
Key Terms
Introduction
What Is Conflict?
Contributing Factors
Figure 11-1 The wide variety of knowledge, power, and control held by the various participants in healthcare introduces institutionalized differences in how to handle some situations.
Discussion
Positive vs. Negative Conflict
Relate to Practice
Relate to Practice
Conflict Behavioral Styles
Competing
Accommodating
Avoiding
Compromising
Collaborating
Adjustments Based on Behavioral Styles
Discussion
Emotional, Cognitive, and Physical Responses to Conflict
Emotional Responses
Cognitive Responses
Physical Responses
Disruptive Behavior
Relate to Practice
Conflict Management
Discussion
Conflict Resolution
Alternative Dispute Resolution
Negotiation
Mediation
Figure 11-2 A mediator may offer a possible resolution for discussion, help parties explore options, identify issues, and provide information.
Facilitation
Arbitration
What If?
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Bibliography
Chapter 12 Business Aspects of Healthcare
Chapter Objectives
Key Terms
Introduction
Types of Providers
Medical Doctors
Specialists
Figure 12-1 Specialists are fully licensed MD or DO medical doctors who have undergone further schooling and training in a specific area of medicine.
Other Types of Providers
Mid-Level Providers
Figure 12-2 Mid-level providers are not physicians, but they may perform similar services such as writing prescriptions, and they usually bill insurance companies for their services. Examples of mid-level providers include physical therapists.
Allied Health Professionals
Corporate Structure
Using Mid-Level Providers
Fee Splitting
What If?
Discussion
Types of Practice Structures
Solo Practice
Sole Proprietorship
Figure 12-3 In a sole proprietorship, the provider has legal agreements to hire other physicians or mid-level providers to work for them.
Associate Practice
Group Practice
Other Structures
Types of Insurance Coverage
Commercial Patient Plans
Point-of-Service Health Insurance
Box 12-1 Megan’s Office Visit Is Covered
Box 12-2 Megan’s Office Visit—Without Health Insurance
Box 12-3 Megan’s Office Visit—Insurance Allows Reimbursement
Health Maintenance Organizations
Other Commercial Payers
Workers’ Compensation
Government Carriers
Medicaid
Medicare
TRICARE
Conclusion
Chapter Review Questions
Self-Reflection Questions
Internet Activities
Additional Resources
Appendix A Resource Section
Appendix B The Trial Process
Appendix C Case Discussions
Case Discussion 1: Altercation with Patient
Case Discussion 2: Student Terminated from Program
Case Discussion 3: Notification of Abnormality in X-Ray
Case Discussion 4: Sexual Act with Patient
Case Discussion 5: Radioiodine Therapy for Pregnant Patient
Case Discussion 6: Treatment of Suicidal Patient
Case Discussion 7: Dental Surgery Follow-Up
Case Discussion 8: Dental Diagnosis and Treatment
Case Discussion 9: Alleged Injury during Treadmill Test
Case Discussion 10: Torn Rotator Cuff
Case Discussion 11: Misplaced MRI
Case Discussion 12: Misplaced Mammogram Report
Case Discussion 13: Recordkeeping at Nursing Home
Case Discussion 14: Testing Errors
Appendix D Case Studies
Case Study 1: EMT Liability for Death
Are EMTs who have disconnected oxygen liable for the death of a terminally ill patient?
Case Study 1 Questions
Case Study 2: Informed Consent
Does a student or preceptor have a duty to obtain informed consent?
Case Study 2 Questions
Case Study 3: Intentional Tort
Is an intentional tort malpractice?
Case Study 3 Questions
Case Study 4: Intentional Tort
Who is liable for the intentional torts of hospital staff?
Case Study 4 Questions
Case Study 5: Laboratory Results
Does a laboratory have an affirmative duty to disclose positive HIV test results?
Case Study 5 Questions
Case Study 6: Legal Obligations of an Educational Facility
What is the legal obligation of an educational facility to its students?
Case Study 6 Questions
Case Study 7: Medical Product Liability
What are the limits on medical product liability cases under federal law?
Case Study 7 Questions
Case Study 8: Mobile Screening Unit Duties
Does the healthcare provider have a duty to inform a screened employee of abnormal test results?
Case Study 8 Questions
Case Study 9: Ordinary Negligence vs. Malpractice
Is it ordinary negligence or malpractice?
Case Study 9 Questions
Case Study 10: Privacy
Is disclosure of a patient’s confession to a crime a violation of the right to privacy?
Case Study 10 Questions
Case Study 11: Res Ipsa Loquitur
Is the doctrine of res ipsa loquitur applicable to establish negligence?
Case Study 11 Questions
Case Study 12: Respiratory Therapy/Radiology
Who committed malpractice?
Case Study 12 Questions
Case Study 13: Spoliation
How does the spoliation of evidence affect a lawsuit?
Case Study 13 Questions
Case Study 14: Statute of Limitations
Does a plaintiff healthcare professional have a greater duty to discover a potential claim for malpractice for purposes of the statute of limitations?
Case Study 14 Questions
Appendix E Supplemental Case Scenarios
Case Scenario 1: Student’s Unsatisfactory Performance
Case Scenario 2: Signing Consent Forms
Case Scenario 3: Patient Noncompliance
Case Scenario 4: Anesthetic for Brain-Damaged Patient
Case Scenario 5: Treatment and Religious Freedom
Case Scenario 6: Patient Privacy
Case Scenario 7: Administering Incorrect Medication
Case Scenario 8: Employee Privacy
Case Scenario 9: Equipment Malfunction
Case Scenario 10: Failure to Monitor Patient
Case Scenario 11: Discussing Treatment Options
Case Scenario 12: Advance Directives
Case Scenario 13: Life-Prolonging Treatment
Case Scenario 14: Scope of Practice
Case Scenario 15: X-Ray and Diagnosis
Case Scenario 16: Distributing Medication
Case Scenario 17: Alarms and Patient Safety
Glossary
A
B
C
D
E
F
G
H
I
J
L
M
N
O
P
Q
R
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T
U
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Index
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
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