Human Resource Management Ethics in Health Care Assignment 1
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