Rt Legal & Ethics June 2016 III

Autonomy refers to the right of the patient to make decisions about their own medical treatment. It emphasizes the importance of respecting the individual's ability to make choices that align with their own values and preferences. This principle acknowledges that patients have the right to be informed about their condition, understand the available options, and ultimately make decisions about their own healthcare. Autonomy promotes patient-centered care and emphasizes the importance of informed consent, allowing patients to actively participate in their own treatment decisions.

Malpractice refers to a form of negligence where there is professional misconduct, an unreasonable lack of skill, an evil practice, or unethical conduct. It typically involves professionals such as doctors, lawyers, or accountants who fail to meet the standard of care expected in their field. This can result in harm or injury to the client or patient. Malpractice is a specific type of negligence that is associated with professional misconduct rather than general negligence.

The concept of role duty refers to the responsibility of healthcare providers to understand the limits of their role and to practice with fidelity. This means that healthcare professionals have an obligation to fulfill the duties and responsibilities associated with their specific role in providing care to patients. They must be aware of their scope of practice and act in accordance with professional standards and ethical guidelines. This ensures that they provide the best possible care while respecting the autonomy and rights of their patients.

Ethical malpractice refers to the violation of professional ethics, which can lead to censure or disciplinary action by a licensing board. This term specifically highlights the breach of ethical standards within a professional context rather than criminal or civil wrongdoing.

The correct answer is "all of the above" because all three options mentioned in the question can contribute to breaching confidentiality. Improper record keeping can lead to unauthorized access to sensitive information, reviewing patient charts without proper authorization violates privacy rules, and leaving security passwords accessible to colleagues can result in unauthorized use of confidential data. Therefore, all these factors can potentially breach confidentiality.

A living will is a document that allows individuals to state their healthcare preferences in writing. It outlines the medical treatments or procedures they wish to receive or refuse in the event that they become unable to communicate their wishes. This legal document ensures that their healthcare decisions are respected and followed by medical professionals and family members.

Negligence refers to the failure to perform one's duties competently. It is a type of tort, which is a civil wrong that causes harm or injury to someone. Negligence occurs when a person fails to exercise reasonable care, resulting in harm to another person or their property. It is different from intentional torts, which involve deliberate harm, as negligence is unintentional. Civil negligence is another term used to describe negligence in a civil context, emphasizing the legal consequences and liability associated with it.

Beneficence refers to the ethical principle that healthcare workers have a responsibility to actively contribute to the health and well-being of their patients. This means that they should prioritize the patient's best interests and take actions to promote their welfare. It involves providing care, preventing harm, and advocating for the patient's needs. In this context, the requirement for healthcare workers to actively contribute to the health and well-being of the patient aligns with the principle of beneficence. Autonomy refers to respecting the patient's right to make their own decisions, veracity refers to truthfulness, and justice refers to fairness in the distribution of resources and treatment.

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The given correct answer is "libel". Libel refers to the act of printing or publishing false and defamatory statements about an individual, such as written words or cartoons, with the intention of causing others to avoid or hold that person in contempt. Unlike slander, which involves spoken false information, libel specifically pertains to written or printed defamation. False accusations can also be considered libelous if they are published and cause harm to someone's reputation.

The correct answer is "all of the above". In instances where the welfare of the community needs to be protected, such as in the case of a communicable disease, information regarding confidentiality may be revealed. Similarly, when required by law, incidents of child or elder abuse, or when a subpoena is issued, confidentiality may be breached. Additionally, if the protection of a vulnerable individual is at stake, such as the spouse of an HIV positive patient, confidentiality may also be revealed. Therefore, all of these instances may require the disclosure of confidential information.

The HIPAA privacy rule is designed to strike a balance between protecting information and not impeding the exchange of information necessary for quality care. This means that healthcare providers must ensure the confidentiality of patient information while still allowing for the necessary sharing of information to provide effective and high-quality care. The rule sets standards for how healthcare providers handle and protect patient information, ensuring that it is kept private and secure. This helps to maintain patient trust and confidentiality while still allowing for the necessary flow of information within the healthcare system.

The four D's of negligence refer to the elements that need to be established in order to prove a claim of negligence. The first D is the duty to the patient owed by the practitioner, which means that the healthcare professional had a legal obligation to provide a certain standard of care to the patient. The second D is dereliction of that duty, which means that the practitioner failed to meet the required standard of care. The third D is the direct cause of damages, which means that the harm or injury suffered by the patient was a direct result of the practitioner's failure to meet the standard of care. The fourth D is the damage or harm resulted from the dereliction of duty, which means that the patient suffered actual harm or damages as a result of the practitioner's negligence.

Slander refers to the act of verbally defaming an individual by spreading false information that damages their reputation. It involves making false statements about someone with the intention of harming their character or credibility. In this context, the given description aligns perfectly with the definition of slander, making it the correct answer.

Nonmaleficence refers to the ethical principle that healthcare professionals have a duty to avoid causing harm to their patients. This principle emphasizes the importance of preventing harm and prioritizing the well-being of the patient. It highlights the obligation of healthcare providers to act in a way that minimizes the risk of harm and promotes the best interest of the patient. By adhering to the principle of nonmaleficence, healthcare professionals strive to ensure that their actions do not cause unnecessary harm to the patient.

Advanced directives are legal documents that allow individuals to specify their medical care preferences for the future in case they become unable to make decisions themselves. This can include instructions about the type of medical treatments they would like to receive or refuse. Advanced directives provide guidance to healthcare providers and family members when making decisions on behalf of the patient. It is a way for individuals to ensure that their healthcare wishes are respected and followed, even if they are unable to communicate or make decisions at that time.

Justice refers to the fair and equal distribution of resources, benefits, and burdens in society. In the context of healthcare, justice means that healthcare services should be distributed fairly, ensuring that everyone has equal access to care regardless of their social or economic status. It also means that healthcare resources should be allocated in a way that benefits the greatest number of people and promotes overall societal well-being. Therefore, justice is the most appropriate concept that relates to the fair distribution of care in this context.

Negligence refers to the failure to exercise reasonable care in a situation, which may result in harm or injury to others. It can involve both acts of commission, where someone does something they shouldn't have, and acts of omission, where someone fails to do something they should have. Civil malpractice, malpractice, and criminal malpractice are all forms of negligence, as they involve the failure to meet the expected standard of care. Therefore, negligence is the correct answer as it encompasses all these aspects.

Veracity refers to the principle of truthfulness and honesty in healthcare. It implies that healthcare workers have a duty and responsibility to provide accurate and truthful information to their patients. This principle is essential for building trust and maintaining a strong bond between healthcare providers and patients. By adhering to veracity, healthcare workers ensure that patients have access to reliable information and can make informed decisions about their health.

An intentional tort refers to a wrongful act committed by an individual with the intention of causing harm or injury to another person. Unlike a negligent tort, which involves unintentional harm caused by a lack of reasonable care, an intentional tort involves deliberate actions that are intended to break the law. This can include acts such as assault, battery, false imprisonment, or defamation, where the individual knowingly and purposefully engages in behavior that causes harm or violates someone's rights. In the given options, "intentional tort" is the most appropriate choice as it aligns with the description provided.

Confidentiality is essential to the establishment and trust between the caregiver and the patient. It ensures that the patient's personal information and medical records are kept private and only accessible to authorized individuals. By maintaining confidentiality, caregivers demonstrate their commitment to protecting the patient's privacy and fostering a trusting relationship. Additionally, confidentiality is mandated by laws such as HIPAA, which further emphasizes its importance in healthcare settings. Friendship, although important in building rapport, does not directly address the need for confidentiality in the caregiver-patient relationship.

According to the RT Legal & Ethics June 2016 guidelines, patient confidentiality is a fundamental ethical and legal obligation. Disclosing patient information to a third party without the patient's consent is a breach of confidentiality, regardless of the intent to prevent harm. Exceptions to this rule include situations where disclosure is required by law or necessary for the patient's immediate care by other healthcare providers. Discussing patient information with family members with the patient's presence and consent, or reporting to authorities when legally mandated, are not considered breaches.

A durable power of attorney allows a patient to designate another person to make healthcare decisions on their behalf, in accordance with the patient's wishes. This legal document ensures that the patient's preferences regarding healthcare are respected and followed, even if the patient becomes unable to communicate or make decisions for themselves. Unlike next of kin, advance directives, and living wills, a durable power of attorney specifically grants someone the authority to act as the patient's healthcare proxy and make decisions on their behalf.

A tort is a civil wrong that is committed against an individual or their property. When someone commits a tort, the court can provide a remedy in the form of an action for damages. This means that the person who suffered harm or damage as a result of the tort can seek compensation from the person responsible. A tort can be either negligent, meaning it was caused by carelessness or failure to exercise reasonable care, or intentional, meaning it was done deliberately. A felony, on the other hand, refers to a serious crime that is punishable by imprisonment.

Beneficent deception refers to intentionally withholding the truth from a patient in order to promote their well-being. In certain situations, revealing the truth may cause harm or distress to the patient, and therefore, withholding information is considered a justifiable act. This concept is rooted in the ethical principle of beneficence, which prioritizes the welfare of the patient. By engaging in beneficent deception, healthcare professionals aim to protect the patient's best interests and ensure their overall health and well-being.

The examples provided in the answer all relate to ethical issues. Human experimentation raises concerns about the well-being and consent of individuals involved in scientific research. The medical care of prisoners raises questions about the fair and humane treatment of individuals who are incarcerated. Abortion for reasons of gender brings up ethical dilemmas regarding gender discrimination and reproductive rights. Cloning raises ethical considerations regarding the manipulation and creation of life. These examples highlight various ethical concerns in different areas of society.

Confidentiality refers to the practice of keeping information private and not sharing it with unauthorized individuals. In the context of respiratory care practitioners, maintaining confidentiality means that they should not disclose any privileged or entrusted information to third parties. This is important because it helps protect the privacy and rights of patients. The answer suggests that confidentiality is related to record keeping, HIPAA (Health Insurance Portability and Accountability Act), and privacy, as all these concepts are closely intertwined with the idea of safeguarding sensitive information.

Consequentialism is the correct answer because it states that ethical standards are judged based on the consequences of an action and the amount of good it will generate. This ethical theory focuses on the outcomes and results of an action rather than the intentions or inherent nature of the action itself. It suggests that the morality of an action can be determined by evaluating the overall positive or negative consequences it will have.

Virtue ethics is an ethical theory that emphasizes the importance of personal attributes of character or virtue in determining ethical standards. It focuses on developing and embodying virtues such as honesty, compassion, and integrity, rather than following strict rules or principles (formalism) or relying solely on gut feelings or intuitions (intuitionism). In virtue ethics, ethical standards are grounded in the cultivation of virtuous qualities, which guide individuals in making ethical decisions and living a morally upright life.

Civil malpractice refers to a situation where a professional, such as a doctor or lawyer, fails to meet the expected standard of care in their field, resulting in harm or injury to another person. This type of negligence is tried in a civil court, where the injured party can seek compensation for their damages. The term "civil" distinguishes it from criminal cases, which involve violations of criminal law. Therefore, the given answer correctly identifies civil malpractice as the term that describes negligence or practice below a reasonable standard and is tried in a civil court.

The correct answer is b and d because discussing confidential information only in secure areas ensures that unauthorized individuals cannot overhear the conversation, thus maintaining confidentiality. Additionally, discussing only with caregivers who have a need to know ensures that information is only shared with those directly involved in the patient's care, minimizing the risk of breaching confidentiality.

The given answer, "intentional tort," is the correct choice because it refers to a category of civil wrongs where harm is caused to another person intentionally. In this case, the actions of defamation, invasion of privacy, assault, and battery are all intentional acts that cause harm to a person's reputation, privacy, or physical well-being. Therefore, they fall under the category of intentional torts, which are different from negligent torts where harm is caused unintentionally due to negligence or carelessness.

The correct answer is "A and B" because both the AARC Code of Ethics and the Good Samaritan Law are general principles and rules that ensure the safe, effective, and caring administration of medical aid. The AARC Code of Ethics provides guidelines for respiratory therapists to follow in order to provide high-quality care to their patients, while the Good Samaritan Law protects individuals who provide emergency medical assistance in good faith from legal liability. Therefore, choosing "A and B" as the correct answer encompasses both important aspects of ensuring safe and effective medical aid.

Negligence refers to the failure to take reasonable and prudent action, which can result in harm or injury to another person. It is a type of tort, specifically a negligent tort, where the person who acted negligently can be held legally responsible for the damages caused. In this context, negligence is the correct answer as it encompasses the concept of failing to exercise reasonable care and is a broader term that encompasses the other options listed.

The ethical primary question refers to the fundamental inquiry about how individuals should behave in moral situations. It seeks to determine the appropriate course of action or behavior that aligns with ethical principles and values. This question prompts individuals to consider their actions and make choices based on moral standards and responsibilities. By asking "how should we act," it emphasizes the importance of ethical decision-making and the need to consider the consequences and impact of our actions on others.

Virtue ethics is the correct answer because it aligns with the statement that the profession has a history of character standards. Virtue ethics focuses on developing good character traits and moral virtues, which are essential for professionals to uphold ethical standards. This approach emphasizes the importance of cultivating virtuous qualities such as honesty, integrity, and fairness in professional conduct. Therefore, virtue ethics is a suitable ethical framework for a profession with a history of character standards.

The correct answer is criminal malpractice. Criminal malpractice involves the performance of a crime, such as assault or euthanasia, and is tried in a criminal court. This term specifically refers to the misconduct or negligence of a professional, such as a doctor or lawyer, that results in harm or injury to another person. It is a criminal offense and is subject to legal action in a criminal court.

An intentional tort refers to a wrongful act committed by an individual with the intent to cause harm or injury to another person. In this context, the phrase "may involve punitive as well as actual damages" suggests that intentional torts can result in both compensatory damages (actual damages) to compensate the victim for their losses, as well as punitive damages to punish the wrongdoer for their intentional actions. This indicates that intentional torts not only seek to provide compensation for the victim but also aim to deter and punish the offender through legal means.

Virtue ethics is the correct answer because it focuses on the character and moral virtues of an individual rather than the consequences of their actions or following a set of rules. In this case, a good RCP (Registered Care Provider) would be one who possesses and embodies virtuous qualities such as compassion, empathy, integrity, and honesty. This ethical approach emphasizes the importance of developing and cultivating virtuous traits to guide one's actions and decisions.

The given correct answer is "negligence". Negligence refers to the failure to exercise reasonable care or caution, resulting in harm or injury to another person. In this context, the assessment is based on what is considered reasonable and prudent action, as determined by established guidelines or expert testimony. Negligence can be a basis for both criminal and civil liability, depending on the circumstances.

A negligent tort refers to a legal claim that arises when someone's actions or behavior unintentionally cause harm or injury to another person. In this context, the phrase "concerned with loss or damages resulting from the unreasonable behavior of another individual" aligns with the concept of negligent tort. It implies that the individual's unreasonable behavior led to the loss or damages suffered by someone else, making it a negligent tort.

Formalism is a philosophical approach that asserts ethical standards of right and wrong are determined by rules or principles. It emphasizes the importance of following established guidelines and adhering to predetermined norms when making ethical decisions. This perspective believes that ethical judgments should be based on objective and universal principles rather than subjective opinions or personal values. Formalism focuses on the process of decision-making and the application of moral rules, rather than the consequences or outcomes of actions. It promotes consistency and impartiality in ethical reasoning.

Intuitionism is the correct answer because it is an ethical standard that is based on self-evident truths and the intuition of individuals. It emphasizes the importance of intuition and gut feelings in determining what is morally right or wrong. Intuitionists believe that ethical principles are objective and can be known through intuition, rather than relying on external consequences or rules. This aligns with the given statement of treating others fairly, as intuitionism emphasizes the inherent value and rights of individuals.