Module 5 Ethical and Legal Implications of Respiratory Care Practice – Chapter 5

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What does the World Medical Association define as ethics?

The study of morality and careful reflection on moral decisions and behavior

When did ethical principles become a part of medical practice?

Since the time of Hippocrates

What is ethics according to the text?

A decision-making process involving reflection and analysis of moral decisions and behavior

What does the code of ethics for respiratory therapists seek to establish?

Parameters of behavior for members of the profession

What is a key ethical duty imposed on therapists according to the code?

Respect and protect the legal and personal rights of patients

What should respiratory therapists do in terms of professional competence?

Actively maintain and continually improve their professional competence

In what circumstances should therapists divulge confidential patient information?

When disclosure is required for responsible performance of duty or required by law

In legal proceedings, ethical obligations are often used as a tool for:

Cross-examination

What effect can an RT's ignorance of ethical standards during cross-examination have on a jury?

Powerful effect

If an RT expresses opinions or is accused of actions that would violate the ethical duties of the profession, it can lead to:

Citing ethical obligations in legal proceedings

What is the purpose of quality review processes in healthcare organizations?

To reduce medical liability costs for providers

What is a key challenge faced by healthcare practitioners in terms of professional liability?

Balancing the need to keep costs down with being held accountable for medical errors

What has been a key factor in recent legislation related to medical liability?

Limits on medical liability

What is the likelihood of therapists going to court for a medicolegal claim during their career?

Very few cases actually wind up going to court

What is the most effective way of avoiding lawsuits for respiratory therapists?

Providing excellent care that meets professional standards and documenting that care carefully

What type of documentation is vital for showing that the patient's airway was protected during routine ventilator care?

Frequent documentation of tube position and suctioning

What is a critical aspect of avoiding litigation for respiratory therapists?

Demonstrating precise, accurate documentation of applied knowledge and care

What is important for every clinician in terms of managing risk?

Ensuring an active professional license and staying updated with institutional practice policies

What is a key aspect of risk auditing?

It involves an objective look at the organization's practices and methods

What is a challenge in avoiding malpractice suits?

Unhappy patients may lead to legal claims

What is a requirement for expert witnesses in malpractice suits?

They must bring evidence that their opinion is not based on unscientific personal opinions

What is a key tool to prevent malpractice litigation?

Active risk management practices

What is a potential outcome of failing to manage risks associated with patient care?

Increased likelihood of being sued

What is the importance of ongoing quality improvement?

It is a way to accomplish risk reduction

What is the role of professional development in risk management?

Addressing documentation standards and managing risks associated with patient care

What is a safeguard for clinicians against liability?

Malpractice insurance and having a good legal team

What can lead to a lawsuit being avoided?

Mediation with all involved parties agreeing to settle outside of the courts

What is a critical aspect of avoiding litigation for clinicians?

Active risk management practices and appropriate patient experience policies

What is a key factor in professional development for risk management?

Addressing documentation standards and managing risks associated with patient care

What is the best way to avoid a malpractice suit?

Developing a good, sound relationship with the patient

What is the primary goal of the HIPAA Privacy Rule?

To balance protecting individuals’ health information and facilitating the exchange of necessary healthcare information

Who does the HIPAA Privacy Rule apply to?

All healthcare providers, health plan providers, and healthcare clearinghouses

What does 'protected health information' include according to the HIPAA Privacy Rule?

Records that could identify an individual's past, present, or future physical or mental health or condition

What is the role of a healthcare clearinghouse as per the HIPAA Privacy Rule?

To process insurance claims for payment

What is the purpose of Health Care Advance Directives?

To allow patients to give direction to health care providers regarding treatment choices in certain circumstances

What are the two types of Advanced Directives mentioned in the text?

Living Will and Durable power of attorney for health care

What is the primary function of a Living Will?

To outline a person's preferences for medical treatment if they are unable to communicate

How many stages of Death and Dying are there?

5

Do individuals necessarily experience all stages of Death and Dying?

Yes, but in a different order

What is the minimum number of stages individuals are likely to experience in Death and Dying?

Two

Test your knowledge of medical ethics and principles with this quiz for respiratory therapists. Explore ethical dilemmas and decision-making in the context of medical practice, and enhance your understanding of the study of morality and moral behavior as it applies to respiratory therapy.

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