Law and Ethics Chapter 1 Intro

Questions and Answers

What is a plaintiff?

Person that brings charges (correct)

A type of lawyer

Person against whom charges are being brought

A legal document

What is a defendant?

A type of judge

Person that brings charges

A legal consultant

Person against whom charges are being brought (correct)

What does it mean to be liable?

Legally responsible or obligated

From a legal standpoint, the most important aspect of a trial is the outcome.

False Signup and view all the answers

What is a precedent?

Decisions made by judges that become rule of law for future cases Signup and view all the answers

What is a summary judgment?

Decision made by a court that pleads no basis for trial Signup and view all the answers

Manufacturers of healthcare equipment can be liable through which of the following?

All of the above Signup and view all the answers

What did the 2008 Supreme Court decision establish regarding manufacturers of medical equipment?

They are immune from liability as long as the FDA approved the product and it meets FDA specifications. Signup and view all the answers

What is federal preemption?

A doctrine that can bar injured consumers from suing in state court when the products met federal standards. Signup and view all the answers

What is the law?

Rule of conduct or action formally recognized and enforced by a controlling authority. Signup and view all the answers

What is ethics?

Principles, standards, and guide to conduct Signup and view all the answers

An illegal act by a healthcare provider is always unethical.

True Signup and view all the answers

What are critical thinking skills in problem-solving?

First clearly defining the problem Signup and view all the answers

What forms the basis for ethical conduct?

Morals, culture, and family Signup and view all the answers

What can result from the conviction of a crime?

Loss of license Signup and view all the answers

What can a violation of a professional organization's formalized code of ethics lead to?

Expulsion from the organization Signup and view all the answers

Unlawful acts are always:

Unacceptable, unethical, and punishable by legal means Signup and view all the answers

Unethical behavior is always:

Unacceptable Signup and view all the answers

What ethics code superseded earlier codes to become the definitive guide for a physician's professional conduct?

Percival's Medical Ethics Signup and view all the answers

What pledge made by physicians remains influential today?

Hippocratic Oath Signup and view all the answers

Who is referred to as the father of medicine?

Hippocrates Signup and view all the answers

What is a written code of ethics for healthcare practitioners primarily for?

To serve as a moral guide for those providing care Signup and view all the answers

Study Notes

Legal Terms and Definitions

Plaintiff: Individual who initiates legal action by bringing charges against another party.
Defendant: The individual or entity against whom a legal action is taken or charges are made.
Liable: Describes a party that is legally responsible or obligated for actions or outcomes.
Precedent: Judicial decisions that set a legal standard and can influence future cases.
Summary Judgment: A court ruling declaring there’s no valid basis for a trial, often resolving a case without a full trial.

Court and Ethics Insights

Importance of Trial Outcome: From a legal perspective, the primary concern of a trial is the precedent it sets rather than simply its outcome.
Liability for Manufacturers: Manufacturers of healthcare equipment can be held liable due to breach of warranty, untrue statements, and fraud.
2008 Supreme Court Ruling: Manufacturers are protected from liability for personal injuries if their products meet FDA approval and specifications.

Legal Doctrines

Federal Preemption: A legal doctrine preventing consumers from suing in state courts if their injuries arise from products meeting federal standards.

Law vs Ethics

Law: Enforceable rules of conduct recognized by an authority that impose penalties for violations.
Ethics: Standards, principles, and guidelines that govern conduct beyond mere legality.
Legal and Ethical Intersection: An illegal act by a healthcare provider is inherently unethical, while not all unethical acts are illegal.

Ethical Conduct and Critical Thinking

Basis for Ethical Conduct: Influences include morals, culture, and familial teachings.
Critical Thinking Skills: The initial step involves clearly identifying the problem to be solved.

Professional Standards

Criminal Conviction Consequences: Conviction of a crime can lead to the revocation or suspension of professional licenses.
Professional Code of Ethics Violations: Breaching a formalized code of ethics within a professional organization can result in expulsion.

General Ethical Principles

Unlawful Acts: Always deemed unacceptable, unethical, and subject to legal penalties.
Unethical Behavior: Defined as behavior that is universally unacceptable.

Historical Context of Medical Ethics

Percival’s Medical Ethics: A significant code of ethics that replaced earlier codes, serving as a vital guide for physicians.
Hippocratic Oath: An enduring pledge made by physicians, emphasizing ethical medical practice.
Hippocrates: Acknowledged as the "Father of Medicine," Hippocrates profoundly influenced medical ethics.

Professional Ethical Framework

Evolved written codes of ethics for healthcare practitioners were developed to serve as moral guidance for those who care for the sick.

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Description

Dive into the foundational concepts of Law and Ethics with this introductory flashcard quiz. You'll learn essential legal terms like plaintiff, defendant, and concepts of liability. Perfect for anyone looking to grasp the basics before delving deeper into legal studies.