Human Resource Management Ethics in Health Care Assignment 1

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Introduction: Obligations of a Professional

Chapter 1

Allied Health

Twentieth century: over 200 specialties added to health care team

Provides over 80% of direct patient care

Combines science and technology with patient care

Entering a Health Care Profession (slide 1 of 5)

Essential Characteristics of a Profession

Competence in specialized body of knowledge and skill

Provision of particular service to society

Standards of education and practice

Self-regulation

Entering a Health Care Profession (slide 2 of 5)

Legal Practice Act

Outlines activities providers perform in delivery of patient care

Develops code of ethics to assist in self-regulation

Outlines profession’s mission and objectives

Entering a Health Care Profession (slide 3 of 5)

Specialty Practice Acts

Scope of professional practice

Requirements and qualifications for licensure or certification

Exemptions to basic requirements.

Grounds for administrative actions

Penalties and sanctions for unauthorized practice

Entering a Health Care Profession (slide 4 of 5)

5

Sanctions for Lapse in Ethical, Legal, and Professional Etiquette

Ethical conduct – right or wrong?

Sanction: loss of professional reputation, loss of professional affiliations

Legal requirements – legal or illegal?

Sanction: punishment as prescribed by law

Professional etiquette – proper or improper?

Sanction: loss of professional respect and fellowship

Avoid talking badly about another practitioner (especially in front of patients)

Maintain appropriate relationships at the worksite

Stay within role boundaries of your specialty

Rules of etiquette help maintain order and civility

Professional Etiquette

Ethical questions: values, morals, individual culture, intense personal beliefs, and faith

Ethics: how we make judgments in regard to right and wrong

Health Care Ethics

8

Common Law

Emanates from judicial decisions

Statutory Law

Arises from legislative bodies

Administrative Law

Flows from rules and regulations and decisions of administrative agencies

The Foundations of Law (slide 1 of 4)

Law

Body of rules of action or conduct prescribed by controlling authority; having binding legal force

Minimum standard of expected performance between individuals in a society

The Foundations of Law (slide 2 of 4)

Fundamental Principles of Law

Concern for justice and fairness

Plasticity and change

Acts judged on universal standard of reasonable person

Doctrine of Individual Rights and Responsibilities

The Foundations of Law (slide 3 of 4)

Misunderstandings about Nature of Law

Law is incomplete and always growing

There are areas of law where there is no previous legal rulings; growth and change occurs

Wise to view the law as guide to proper behavior; mistake to confuse legal and ethical behavior

The Foundations of Law (slide 4 of 4)

Plaintiff

Person who brings an action in a court of law

Defendant

Person against whom an action is brought

Prima facie

Case legally sufficient to establish a case

The Lawsuit (slide 1 of 7)

Steps in a civil lawsuit:

Complaint

Answer

Discovery

Trial and Judgment

Appeal

The Lawsuit (slide 2 of 7)

Complaint

Plaintiff files complaint or petition with court that addresses elements of prima facie case

Plaintiff has the burden of proof

Defendant has period of time in which complaint must be answered

The Lawsuit (slide 3 of 7)

Answer

Defendant three choices: (1) admit, (2) deny, or (3) plead ignorance to each allegation in complaint

Filing an answer moves case into pre-trial phase

The Lawsuit (slide 4 of 7)

Discovery: fact-finding phase

Interrogatories

Document requests

Depositions

The Lawsuit (slide 5 of 7)

Trial and Judgment

Case tried before a judge only or before a judge and jury

During the trial, each side presents witnesses and evidence collected is placed in record

Jury’s decisions not put into effect until judge makes a judgment

The Lawsuit (slide 6 of 7)

Appeal

Losing party may appeal a trial court decision to a higher court

Appellate court is a trier of law

Arbitration: neutral third party of whom both sides have agreed will have power to decide outcome and render a binding decision

The Lawsuit (slide 7 of 7)

You must show clinical competence and attend to ethical, legal, and professional etiquette

Conclusion

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