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CHAPTER 1
Introduction
To
Law
and
Ethics
WHO WILL YOU SERVE?
WHO WILL BE YOUR CUSTOMERS?

•
•
•
•

Patient
Resident
Client
Families

•
•
•
•

Colleagues
Doctors / Nurses
Facility Employees
Vendors
Take out a piece of paper
Questions
1. Do they have a 4th of July in England?
2. Some months have 31 days. How many have 28?
3. A woman gives a beggar 1 dollar and 32 cents. The
woman is the beggar's sister, but the beggar is not
the woman's brother. How come?
4. Why can't a man living in the U.S. be buried in
Canada?
5. How many outs are there in an inning?
Questions
6. Is it legal for a man in California to marry his
widow's sister? Why?
7.Two men play five games of checkers. Each man
wins the same number of games. There are no ties.
Explain this.
8. Divide 30 by 1/2 and add 10. What is the answer?
9. If there are 3 apples and you take away two, how
many do you have?
10. I have two U.S. coins totaling 55 cents. One is not
a nickel. What are the coins?
Questions
11. If you have only one match and you walked into a
room where there was an oil burner, a kerosene
lamp, and a wood burning stove, which one would
you light first?
12. A doctor gives you 3 pills telling you to take one
every half hour. How long would the pills last?
13. A farmer has 17 sheep; all but 9 die. How many
are left?
14. How many animals of each sex did Moses take
on the ark?
Questions
15. A clerk in the butcher shop is 5'10'' tall. What
does he weigh?
16. How many two cent stamps are there in a dozen?
17. There once was a lady who really liked pink. In
her cozy, little one-story house, everything was
pink. Even her dog was pink. Her hair, her
carpet, everything. What color are her stairs?
18. There was an evergreen tree in the dark, ugly
forest where ghosts & witches lived. All of a
sudden, a great gust of wind flew through the
forest. Which way did the leaves on the tree fall?
Questions and Answers
1. Do they have a 4th of July in England?
Yes. Everyone has a July 4 th .

2. Some months have 31 days. How many have 28?
All of them (12).

3. A woman gives a beggar 1 dollar and 32 cents. The
woman is the beggar's sister, but the beggar is not
the woman's brother. How come?
The beggar is her sister.

4. Why can't a man living in the U.S. be buried in
He can’t be buried if
Canada?
he
isn’t dead.

5. How many outs are there in an inning?

6
Questions and Answers
6. Is it legal for a man in California to marry his
No. He’s dead.
widow's sister? Why?
7.Two men play five games of checkers. Each man
wins the same number of games. There are no ties.
Explain this.
They were playing different people.
8. Divide 30 by 1/2 and add 10. What is the answer?
70

9. If there are 3 apples and you take away two, how
many do you have?
2
10. I have two U.S. coins totaling 55 cents. One is not
a nickel. What are the coins? A 50-cent piece & a nickel.
Only one is not a nickel.
Questions and Answers
11. If you have only one match and you walked into a
room where there was an oil burner, a kerosene
lamp, and a wood burning stove, which one would
you light first?
The match.
12. A doctor gives you 3 pills telling you to take one
every half hour. How long would the pills last?
1 Hour.

13. A farmer has 17 sheep; all but 9 die. How many
are left?
9
14. How many animals of each sex did Moses take
on the ark?
None. Moses didn’t have an ark,
Noah did.
Questions and Answers
15. A clerk in the butcher shop is 5'10'' tall. What
Meat.
does he weigh?
16. How many two cent stamps are there in a dozen?
12

17. There once was a lady who really liked pink. In
her cozy, little one-story house, everything was
pink. Even her dog was pink. What color are her
She didn’t have stairs. It was one story.
stairs?

It was a pine tree – no leaves.

18. There was an evergreen tree in the dark, ugly
forest where ghosts & witches lived. All of a
sudden, a great gust of wind flew through the
forest. Which way did the leaves on the tree fall?
1-12

Common Sense
• What is it? SOUND PRACTICAL JUDGMENT
• Is it the same for everyone? No
• Can it be taught?
No, but learning will expand common sense.
1-13

Common Sense Scenario
•
•
•
•

Medical office with walk-in clinic
Barbara, experienced CMA
Elaine, new receptionist
Elderly man, hard of hearing
1-14

Critical Thinking
• What is it?
• Is it the same for everyone?
• Can it be taught?
Critical Thinking
• Problem-solving process
1)
2)
3)
4)
5)

Identify & clarify the problem
Gather information
Evaluate the evidence
Consider alternatives & implications
Choose & implement the best alternative
Benefits of Critical Thinking
•
•
•
•
•
•

Improved patient care
Enhanced patient satisfaction
Better problem resolution
Less blaming
Improved staff morale
Less staff turnover
Are You a Critical Thinker?
•
•
•
•
•
•
•
•

Do more data gathering
Avoid premature conclusions
Fair minded
See inconsistencies
Monitor own decisions
Involve patients
Provide patients with options
Communicate effectively
1-19

Why
Study
Law
and
Ethics?
1-20

Why Study Law and Ethics?
• To help you function at the highest
possible professional level
providing competent health care to
your patients
• To help you avoid legal
entanglements that can threaten
your ability to earn a living as a
successful health care professional
1-21

Focus of Law and Ethics
• The legal and ethical issues facing
society, patients, and health care
practitioners
• The impact of rising costs on the
laws & ethics of health care delivery
• The rights, responsibilities, and
concerns of health care consumers
1-25

Why
Do
people
sue?
Why Do People Sue?
• Unhappy or unsatisfied patient and/or
family
• Patients who are injured
• Patients who perceive negligence
occurred
Litigious
• Litigious = prone to engage in lawsuits
• People are more inclined to file lawsuits
today than ever before.
“You may even see billboards or
television advertisements from
malpractice lawyers
soliciting patients!”
Frivolous
• Frivolous = not having any serious
purpose or value; carefree and not serious;
flippant; light-hearted
• Can cost the US economy billions of dollars
every year!

Examples of
Frivolous Lawsuits?
Anatomy of a Lawsuit

Lawsuit Anatomy
1-31

Basic Litigation Terminology
• Plaintiff
– Person bringing charges in lawsuit
• Defendant
– Person against whom charges are
being brought
• Liable
– Legally responsible or obligated
4 Elements of Healthcare-Related Lawsuit
The Plaintiff MUST prove all 4 of these:
•
•
•
•

Duty (between defendant and plaintiff)
Breach of Duty (broken)
Injury Present
Injury Caused by Breach of Duty
1-34

Question
Tell whether the following statement is
true or false.

From a legal standpoint the most
important aspect of a trial is the
outcome.
True
False
1-35

Answer
False
From a legal standpoint the most
important aspect of a court case is
not the result, but whether the case
represents good law and will be
persuasive as other cases are
decided.
1-36

Court Case Rulings
• Precedent
– Decisions made by judges in various
courts that become rule of law and
apply to other cases
• Also known as case law

• Summary judgment
– Decision made by a court that
pleads no basis for trial
1-39

Liability for Manufacturers
• Manufacturers of health care
equipment can be liable through:
– Breach of warranty
– Untrue statements
– Fraud
1-40

WhAT
IS
FRAUD?
INTENTIONAL DECEIT
1-41

2008 U.S. Supreme Court Decision
• Makers of medical equipment are
immune from liability for personal
injury as long as the Food and Drug
Administration approved the product
and it meets FDA specifications.
– Metronic Inc. Case
Law vs. Ethics
1-43

What
Is
LAW?
1-44

Law
• Rule of conduct or action formally
recognized as binding by a controlling
authority
– Enforcement made possible by
penalties for disobedience
• Fines, imprisonment, or both
1-45

What
Is
ethics?
1-46

Ethics
• Standards of behavior developed as
a result of one’s concept of right and
wrong
– Moral Values = one’s personal
concept of right and wrong;
formed through the
influence of family,
culture and society
1-48

Codes of Ethics
• Govern behavior of association
members
• Increase the level of competence and
standards of care within the group
1-49

Examples of Codes of Ethics
• American Nurses Association Code for Nurses
• American Medical Association Code of Medical
Ethics
• American Health Information Management
Association Code of Ethics
• American Society of Radiologic Technologists
Code of Ethics
• Code of Ethics of the American Association of
Medical Assistants
1-51

Early Medical Codes of Ethics
• Code of Hammurabi
• Hippocratic Oath
• Percival’s Medical Ethics
1-52

Hippocratic Oath
•
•
•
•

Around 400 BC
Hippocrates (Greek Physician)
“Father of Medicine”
Pledge for physicians
1-54

Bioethics
• Discipline dealing with the ethical
implications of biological research
methods and results, especially in
medicine
• Bioethicists are specialists who
consult with medical professionals to
help make difficult decisions
1-55

Members of Ethics Committees
•
•
•
•
•
•

Physicians
Nurses
Social workers
Clergy
Family members
Community members
1-57

What
Is
ETIQUETTE?
1-58

Etiquette
• Standards of behavior considered
good manners
• Protocol
– Standard rules of etiquette applied
to place of employment
1-60

Comparison of Law vs. Ethics
1-61

Qualities for Success in Health Care
• Courtesy
ETIQUETTE
– The practice of good manners
• Compassion
WHEN YOU IDENTIFY WITH & UNDERSTAND
– Empathy ANOTHER’S SITUATION, FEELINGS, MOTIVES
• Common sense
– Sound practical judgment
Temporarily
putting oneself
in another
person’s shoes
Sincerely
attempting to
know how the
patient feels
Patient Advocate
Communication Framework
AIDET
= Acknowledge
= Introduce
= Duration
= Explanation
= Thank
AIDET … with sincerity
A = Acknowledge
–
–
–

Acknowledge the patient by name. Make eye contact. Greet with a smile.
Attitude is everything. Create a lasting impression.
Ask: "Is there anything I can do for you?“ or “How are you today?”

I = Introduce
–
–
–

Introduce yourself
Tell them who you are (including title / dept.) and how you are going to help them.
Escort people where they need to go rather than just point or giving directions.

D = Duration
–
–
–

Give an accurate time expectation for tests, physician arrival, tray delivery.
Keep in touch to ease waiting times.
Let them know if there is a delay and how long it will be.

E = Explanation
–
–
–

Explain step by step what will happen, answer questions, leave number where you can be reached.
Talk, listen, and learn
Ask, “What questions do you have for me?” (This gives them permission to ask questions.)

T = Thank
–
–

Thank the patient for choosing your hospital, and for their time, communication and cooperation.
Thank the family for assistance and being there to support the patient.
AIDET
= Acknowledge
= Introduce
= Duration
= Explanation
= Thank
AIDET
Communicate
Eye CONTACT
Be respectful
Don’t rush
1-70

Skills for Success in Health Care
• People skills
– Traits and capabilities that allow you
to get along well with others
• Technical skills
– Abilities acquired in course of study
• Critical thinking skills
– Problem solving skills
1-71

Success in Health Care
• Objective
– Factual, unbiased, unchanged by
anyone’s personal feelings or
interpretations
– Measurable, repeatable
• Subjective
– Open to interpretation; personal
opinion, not measurable
Assignments – Due Next Class
• Consider the professional role / job you are
striving for.
– Research if there is a PROFESSIONAL
ORGANIZATION for that role.
– Research if there is a CODE OF ETHICS for
that role.
– Bring the results of your research to our
next class and be prepared to discuss what
you found.

• Read Chapter 2
Assignments – Due Next Class
• On page 28 in your text, pick one case
study (#26 or #27 or #28) and answer the
questions … not one word answers but
thoughtful discussion (essay)
• In your text, Chapter 1 “Check Your
Progress” – bring answers to class
• EXTRA CREDIT …Find a recent article (not
before 2011) about a legal or ethical
question or issue that is health care related.

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DH (Med Legal) Chapter 1 - Law and Ethics

  • 2. WHO WILL YOU SERVE? WHO WILL BE YOUR CUSTOMERS? • • • • Patient Resident Client Families • • • • Colleagues Doctors / Nurses Facility Employees Vendors
  • 3. Take out a piece of paper
  • 4. Questions 1. Do they have a 4th of July in England? 2. Some months have 31 days. How many have 28? 3. A woman gives a beggar 1 dollar and 32 cents. The woman is the beggar's sister, but the beggar is not the woman's brother. How come? 4. Why can't a man living in the U.S. be buried in Canada? 5. How many outs are there in an inning?
  • 5. Questions 6. Is it legal for a man in California to marry his widow's sister? Why? 7.Two men play five games of checkers. Each man wins the same number of games. There are no ties. Explain this. 8. Divide 30 by 1/2 and add 10. What is the answer? 9. If there are 3 apples and you take away two, how many do you have? 10. I have two U.S. coins totaling 55 cents. One is not a nickel. What are the coins?
  • 6. Questions 11. If you have only one match and you walked into a room where there was an oil burner, a kerosene lamp, and a wood burning stove, which one would you light first? 12. A doctor gives you 3 pills telling you to take one every half hour. How long would the pills last? 13. A farmer has 17 sheep; all but 9 die. How many are left? 14. How many animals of each sex did Moses take on the ark?
  • 7. Questions 15. A clerk in the butcher shop is 5'10'' tall. What does he weigh? 16. How many two cent stamps are there in a dozen? 17. There once was a lady who really liked pink. In her cozy, little one-story house, everything was pink. Even her dog was pink. Her hair, her carpet, everything. What color are her stairs? 18. There was an evergreen tree in the dark, ugly forest where ghosts & witches lived. All of a sudden, a great gust of wind flew through the forest. Which way did the leaves on the tree fall?
  • 8. Questions and Answers 1. Do they have a 4th of July in England? Yes. Everyone has a July 4 th . 2. Some months have 31 days. How many have 28? All of them (12). 3. A woman gives a beggar 1 dollar and 32 cents. The woman is the beggar's sister, but the beggar is not the woman's brother. How come? The beggar is her sister. 4. Why can't a man living in the U.S. be buried in He can’t be buried if Canada? he isn’t dead. 5. How many outs are there in an inning? 6
  • 9. Questions and Answers 6. Is it legal for a man in California to marry his No. He’s dead. widow's sister? Why? 7.Two men play five games of checkers. Each man wins the same number of games. There are no ties. Explain this. They were playing different people. 8. Divide 30 by 1/2 and add 10. What is the answer? 70 9. If there are 3 apples and you take away two, how many do you have? 2 10. I have two U.S. coins totaling 55 cents. One is not a nickel. What are the coins? A 50-cent piece & a nickel. Only one is not a nickel.
  • 10. Questions and Answers 11. If you have only one match and you walked into a room where there was an oil burner, a kerosene lamp, and a wood burning stove, which one would you light first? The match. 12. A doctor gives you 3 pills telling you to take one every half hour. How long would the pills last? 1 Hour. 13. A farmer has 17 sheep; all but 9 die. How many are left? 9 14. How many animals of each sex did Moses take on the ark? None. Moses didn’t have an ark, Noah did.
  • 11. Questions and Answers 15. A clerk in the butcher shop is 5'10'' tall. What Meat. does he weigh? 16. How many two cent stamps are there in a dozen? 12 17. There once was a lady who really liked pink. In her cozy, little one-story house, everything was pink. Even her dog was pink. What color are her She didn’t have stairs. It was one story. stairs? It was a pine tree – no leaves. 18. There was an evergreen tree in the dark, ugly forest where ghosts & witches lived. All of a sudden, a great gust of wind flew through the forest. Which way did the leaves on the tree fall?
  • 12. 1-12 Common Sense • What is it? SOUND PRACTICAL JUDGMENT • Is it the same for everyone? No • Can it be taught? No, but learning will expand common sense.
  • 13. 1-13 Common Sense Scenario • • • • Medical office with walk-in clinic Barbara, experienced CMA Elaine, new receptionist Elderly man, hard of hearing
  • 14. 1-14 Critical Thinking • What is it? • Is it the same for everyone? • Can it be taught?
  • 15. Critical Thinking • Problem-solving process 1) 2) 3) 4) 5) Identify & clarify the problem Gather information Evaluate the evidence Consider alternatives & implications Choose & implement the best alternative
  • 16. Benefits of Critical Thinking • • • • • • Improved patient care Enhanced patient satisfaction Better problem resolution Less blaming Improved staff morale Less staff turnover
  • 17. Are You a Critical Thinker? • • • • • • • • Do more data gathering Avoid premature conclusions Fair minded See inconsistencies Monitor own decisions Involve patients Provide patients with options Communicate effectively
  • 18.
  • 20. 1-20 Why Study Law and Ethics? • To help you function at the highest possible professional level providing competent health care to your patients • To help you avoid legal entanglements that can threaten your ability to earn a living as a successful health care professional
  • 21. 1-21 Focus of Law and Ethics • The legal and ethical issues facing society, patients, and health care practitioners • The impact of rising costs on the laws & ethics of health care delivery • The rights, responsibilities, and concerns of health care consumers
  • 22.
  • 23.
  • 24.
  • 26. Why Do People Sue? • Unhappy or unsatisfied patient and/or family • Patients who are injured • Patients who perceive negligence occurred
  • 27. Litigious • Litigious = prone to engage in lawsuits • People are more inclined to file lawsuits today than ever before. “You may even see billboards or television advertisements from malpractice lawyers soliciting patients!”
  • 28.
  • 29. Frivolous • Frivolous = not having any serious purpose or value; carefree and not serious; flippant; light-hearted • Can cost the US economy billions of dollars every year! Examples of Frivolous Lawsuits?
  • 30. Anatomy of a Lawsuit Lawsuit Anatomy
  • 31. 1-31 Basic Litigation Terminology • Plaintiff – Person bringing charges in lawsuit • Defendant – Person against whom charges are being brought • Liable – Legally responsible or obligated
  • 32.
  • 33. 4 Elements of Healthcare-Related Lawsuit The Plaintiff MUST prove all 4 of these: • • • • Duty (between defendant and plaintiff) Breach of Duty (broken) Injury Present Injury Caused by Breach of Duty
  • 34. 1-34 Question Tell whether the following statement is true or false. From a legal standpoint the most important aspect of a trial is the outcome. True False
  • 35. 1-35 Answer False From a legal standpoint the most important aspect of a court case is not the result, but whether the case represents good law and will be persuasive as other cases are decided.
  • 36. 1-36 Court Case Rulings • Precedent – Decisions made by judges in various courts that become rule of law and apply to other cases • Also known as case law • Summary judgment – Decision made by a court that pleads no basis for trial
  • 37.
  • 38.
  • 39. 1-39 Liability for Manufacturers • Manufacturers of health care equipment can be liable through: – Breach of warranty – Untrue statements – Fraud
  • 41. 1-41 2008 U.S. Supreme Court Decision • Makers of medical equipment are immune from liability for personal injury as long as the Food and Drug Administration approved the product and it meets FDA specifications. – Metronic Inc. Case
  • 44. 1-44 Law • Rule of conduct or action formally recognized as binding by a controlling authority – Enforcement made possible by penalties for disobedience • Fines, imprisonment, or both
  • 46. 1-46 Ethics • Standards of behavior developed as a result of one’s concept of right and wrong – Moral Values = one’s personal concept of right and wrong; formed through the influence of family, culture and society
  • 47.
  • 48. 1-48 Codes of Ethics • Govern behavior of association members • Increase the level of competence and standards of care within the group
  • 49. 1-49 Examples of Codes of Ethics • American Nurses Association Code for Nurses • American Medical Association Code of Medical Ethics • American Health Information Management Association Code of Ethics • American Society of Radiologic Technologists Code of Ethics • Code of Ethics of the American Association of Medical Assistants
  • 50.
  • 51. 1-51 Early Medical Codes of Ethics • Code of Hammurabi • Hippocratic Oath • Percival’s Medical Ethics
  • 52. 1-52 Hippocratic Oath • • • • Around 400 BC Hippocrates (Greek Physician) “Father of Medicine” Pledge for physicians
  • 53.
  • 54. 1-54 Bioethics • Discipline dealing with the ethical implications of biological research methods and results, especially in medicine • Bioethicists are specialists who consult with medical professionals to help make difficult decisions
  • 55. 1-55 Members of Ethics Committees • • • • • • Physicians Nurses Social workers Clergy Family members Community members
  • 56.
  • 58. 1-58 Etiquette • Standards of behavior considered good manners • Protocol – Standard rules of etiquette applied to place of employment
  • 59.
  • 61. 1-61 Qualities for Success in Health Care • Courtesy ETIQUETTE – The practice of good manners • Compassion WHEN YOU IDENTIFY WITH & UNDERSTAND – Empathy ANOTHER’S SITUATION, FEELINGS, MOTIVES • Common sense – Sound practical judgment
  • 62. Temporarily putting oneself in another person’s shoes Sincerely attempting to know how the patient feels
  • 65. AIDET = Acknowledge = Introduce = Duration = Explanation = Thank
  • 66. AIDET … with sincerity A = Acknowledge – – – Acknowledge the patient by name. Make eye contact. Greet with a smile. Attitude is everything. Create a lasting impression. Ask: "Is there anything I can do for you?“ or “How are you today?” I = Introduce – – – Introduce yourself Tell them who you are (including title / dept.) and how you are going to help them. Escort people where they need to go rather than just point or giving directions. D = Duration – – – Give an accurate time expectation for tests, physician arrival, tray delivery. Keep in touch to ease waiting times. Let them know if there is a delay and how long it will be. E = Explanation – – – Explain step by step what will happen, answer questions, leave number where you can be reached. Talk, listen, and learn Ask, “What questions do you have for me?” (This gives them permission to ask questions.) T = Thank – – Thank the patient for choosing your hospital, and for their time, communication and cooperation. Thank the family for assistance and being there to support the patient.
  • 67. AIDET = Acknowledge = Introduce = Duration = Explanation = Thank
  • 68.
  • 70. 1-70 Skills for Success in Health Care • People skills – Traits and capabilities that allow you to get along well with others • Technical skills – Abilities acquired in course of study • Critical thinking skills – Problem solving skills
  • 71. 1-71 Success in Health Care • Objective – Factual, unbiased, unchanged by anyone’s personal feelings or interpretations – Measurable, repeatable • Subjective – Open to interpretation; personal opinion, not measurable
  • 72. Assignments – Due Next Class • Consider the professional role / job you are striving for. – Research if there is a PROFESSIONAL ORGANIZATION for that role. – Research if there is a CODE OF ETHICS for that role. – Bring the results of your research to our next class and be prepared to discuss what you found. • Read Chapter 2
  • 73. Assignments – Due Next Class • On page 28 in your text, pick one case study (#26 or #27 or #28) and answer the questions … not one word answers but thoughtful discussion (essay) • In your text, Chapter 1 “Check Your Progress” – bring answers to class • EXTRA CREDIT …Find a recent article (not before 2011) about a legal or ethical question or issue that is health care related.

Editor's Notes

  1. OPEN textbook to page 5 (have ready)
  2. It doesn’t matter what you call the people you will be serving … They are seeking care, treatment, help with the ultimate goal of being as healthy as possible. These are all healthcare consumers.
  3. Number the page 1 – 18 I want you to write down answers to some questions. The good news is that only YOU will know your score. This is for YOUR eyes only.
  4. Again, NO ONE but you will know your score so be honest. This is NOT about how smart you are … let’s just see how many times your answers match these answers. NOT about right or wrong.
  5. Like I said, no one knows your score except you. But I am curious if anyone matched all 18 answers. If anyone did and you are willing to share with the class, will you raise your hand? I’m going to bet that most everyone in here (if not everyone) missed at least one and most like missed 2 or more. I know I did. Again, this is not about how smart you are … This is one way to see how we do and don’t think alike. What you just did is considered a common sense test. My purpose is for you to realize that we are all different in what we know and what we think is common sense.
  6. Common sense = “SOUND PRACTICAL JUDGMENT”. It is hard to define or describe, it tends to be one of those things either you have or you don’t. That when you are talking with people, you get an idea if they have it or they don’t. And no, it is not the same for everyone. It really is different for each one of us. And that is why we all probably did differently on the test you just took. In my opinion, common sense can not be taught. BUT you can teach knowledge and give information to people to help them enhance or expand their common sense. Think back to the questions on this test. If you were to take it again in a week or a month or even 6 months, you would most likely get a higher score because you are now familiar with this way of thinking. And I believe that this course we are starting is the same way. A lot of the information really falls into the category of “COMMON SENSE” – sound practical judgment. I am here to guide you through the learning process and to share information with you as you take that knowledge and apply it to your professional careers. You’ll be surprised how quickly a lot of it will become common sense for you.
  7. Chapter 1 started off with a story about common sense … Barbara taught Elaine to politely ask walk-in patients why they needed to see a doctor Elaine had been on the job 2 weeks when the elderly man came in Elaine asked him several times and finally raised her voice … he shouted his answer “I can’t pee” The elderly man quickly left the building without being seen by a doctor. WHAT DO YOU THINK ABOUT THE SITUATION? HOW WOULD USING “COMMON SENSE” HAVE HELPED ELAINE COMMUNICATE WITH THE ELDERLY MAN? - If it is obvious that a patient can’t hear what is being said, or doesn’t appear to understand, the receptionistcould have asked him to come to a more private area. - What about having the man write down his problem? (Not everyone can write / read.) DO YOU SEE A WAY TO REMEDY THIS SITUATION, ONCE THE PATIENT LEFT THE CLINIC? - If they had his contact information (name and phone number), either Barbara or the office manager should call him and begin with an apology and offer to make an appointment for him. It just made me cringe. As I was reading it, I almost could feel the man’s embarrassment and frustration. Especially if think that the receptionist desk was most likely right at the front door facing the waiting room that was most likely full of patients. Technically Elaine did what she had been told – to politely ask walk-in patients why they needed to see a doctor. I think the problem was with Barbara and how she trained Elaine. During the training process I would have hoped that Barbara would have shared with Elaine that the patient’s needs “trump office routine”, that they can’t “stick to a set routine if it hurts or hinders the patient”. Also during the orientation process, I would hope Barbara could start to see about Elaine’s level of common sense. Is she someone who might need some extra one-on-one training? If so, that is OK and should be made available.
  8. WHAT IS IT? IS IT THE SAME FOR EVERYONE? CAN IT BE TAUGHT?
  9. Like common sense, not everyone has this same ability at the same level. I know many healthcare organizations have spent a lot of time trying to figure out how to TEACH critical thinking to their employees – especially the ones who care for the patients. With Elaine in the 1st story, perhaps critical thinking was lacking. She could have quickly applied these 5 steps to the situation with the elderly gentleman and ended up with a different outcome. In healthcare, there will be times you will have to do these 5 steps almost instantly – in less than a minute because a patient’s life will be on the line. But more often, you have more time available to think through each step and contemplate your options. I truly believe that common sense and critical thinking go hand in hand.
  10. Staff are empowered to fix and resolve issues.
  11. If this process doesn’t come easily, you need to practice it.
  12. Common sense and critical thinking are the 1st 2 topics of Chapter 1. The other 2 main topics are law and ethics. Now I realize that no one is planning on becoming an attorney in the near future, so you might wonder why this information is important. ANY IDEAS? WHY IS IT IMPORTANT FOR YOU TO HAVE SOME UNDERSTANDING OF BASIC LAW AND ETHICS?
  13. Know the basics of law and ethics as they apply to your role in healthcare Recognize & avoid situations that might not serve your patients well or that might put you at risk of legal liability. With our advancing technology, the patients and their families have come to expect favorable outcomes from ALL medical procedures and medical treatment. They quite often expect perfection. And when their expectations are not met, they consider filing a lawsuit. Our clients know more today about their health and the options available to them. HOW DO THEY GET THIS KNOWLEDGE? (news reports, Internet) Nearly every day the media reports news about people facing legal and ethical dilemmas related to medical situations. Again, just like the Internet, they may not be reporting the entire story – they may not have all the facts. The problem is that not everything on the Internet is accurate or complete or truthful. Unfortunately, patients don’t always know that they are getting wrong or incomplete information. LIKE THIS COMMERCIAL …
  14. A litigious society is one in which patients, relatives, and others are inclined to sue healthcare practitioners, health care facilities, manufacturers of medical equipment and products, and others when medical outcomes are not acceptable TO THEM.
  15. Anyone can sue any one at time for any reason – without an injury and truly without a just cause. Quite often people file a lawsuit because their expectations were not met (in other words, their expectations exceeded the outcomes). The injury could be actual or perceived, major or minor. As the healthcare provider you could have done everything absolutely 100% correct and you might still get sued. That doesn’t mean you are bad, incompetent, or a poor employee. It just means you have to go through the process of defending yourself. You need to try to not take as a personal attack.
  16. “In the United States, remedies for perceived ills or injustice (such as post-operative complications) are commonly pursued through the legal system. People in the United States are probably more inclined than people in other countries to file lawsuits against physicians or hospitals when outcomes are poor or do not meet expectations. You may even see billboards or television advertisements from malpractice lawyers soliciting patients! High litigation rates and large settlements have dramatically increased the cost of U.S. medical care. It is important to keep in mind that, while medical errors or incompetence may be a contributing factor in lawsuits, it is well documented that physicians who communicate poorly or have trouble establishing a relationship with their patients are far more likely to be sued or sanctioned by state medical boards.”
  17. FRIVOLOUS = Not having any serious purpose or value; carefree and not serious; flippant; light-headed About 40% of the medical malpractice cases filed in the US are groundless according to a Harvard analysis. Many of the lawsuits analyzed contained no evidence that a medical error was committed or that the patient suffered any injury. The vast majority of those dubious cases were dismissed with no payout to the patient. However, groundless lawsuits still accounted for 15% of the money paid out in settlements or verdicts. Merit less claims continue to slip through the cracks, clogging the courts and forcing doctors to waste time defending them. One example … a young woman with no family history of breast cancer underwent routine breast exams for 4 years and came back with a clean bill of health. But doctors later found she had breast cancer that had spread to other parts of the body. It was determined that the case did not involve medical error because proper procedures were followed. The women filed a malpractice claim and received an undisclosed settlement. Defending a claim is expensive and long, taking an average of 5 years to resolve. For every dollar awarded to patients, about half went to lawyers’ fees and other expenses.
  18. “Man vs. Himself “ “Man vs. Killer Whale” “Man vs. Magicians” “Woman vs. Underwear” “Man vs. Beer” “Woman vs. McDonald’s Coffee”
  19. I have been a nurse for over 30 years. 22 of those years I was at the bedside taking care of patients. And 17 of my 22 clinical years took place in the operating room. So I have seen the human anatomy up close and personal. And it still fascinates me to this day. But another type of anatomy that fascinates me is … the anatomy of a lawsuit. We will start the anatomy lesson today and it will continue throughout this course …
  20. Tell me what these are … ANY IDEAS? Most adults are legally responsible for their actions. WHY DID I SAY MOST ADULTS? mentally incompetent those who have guardians
  21. The plaintiff is the person (or agency) who initiates the lawsuit. The one who is making the accusations. While the defendant is the one who is defending themselves against the accusations. The one who is named in the lawsuit.
  22. DUTY = relationship
  23. WHAT DO YOU THINK?
  24. While the result is vital to the plaintiff and the defendant, it isn’t the most important aspect from a legal view point.
  25. PRECEDENT … The prior court decision (precedent) must be followed unless there are factual or legal distinctions between cases or until the case is reversed or overturned. This is in place because of the belief that court decisions should be consistent so that legal consequences can be known and predicted. (SOUND LIKE PARENTING 101?) A previously decided case with similar facts, circumstances, or legal theory as presented in the case currently under consideration. Lower courts are bound to follow precedents set by higher courts in their jurisdiction. SUMMARY JUDGMENT … - States that one party is entitled to win as a matter of law; only available in civil cases - After discovery, one party might feel such confidence in his/her case that they believe a trial is unnecessary; instead they will ask a judge to decide in his/her favor before the trial (a summary judgment); if the judge agrees, a summary judgment is granted and the case is over.
  26. In your text on page 5 As we go through the case studies, there are medical and legal terms. If I don’t explain them and you have questions, don’t hesitate to ask. SOMEONE WILLING TO READ? (give candy) “not unforeseeable” = should anticipate WHO IS THE PLAINTIFF? Patient WHO IS THE DEFENDANT? Medical center (employer) WHO WAS FOUND LIABLE? Medical center WHAT WOULD HAVE HELPED TREMENDOUSLY IN THIS SITUATION? … Communication with the patient. - Employers can be held liable for the actions of the employees. So there are times when an employer can be sued due to actions of their employee.
  27. In your text on page 6. SOMEONE WILLING TO READ? (give candy) Trial court agreed that there was no relationship but appellate court disagreed and felt there was a relationship Yes, the man suffering a heart attack had a right to expect that the ambulance would arrive promptly. That is what the dispatcher told the patient’s wife. We count on our emergency services to respond. The problem here is not necessarily the inexperienced dispatcher although she did make a major mistake. The problem is with the decision to leave an inexperienced dispatcher along – particularly for the reason given – the annual picnic. All supervisors and managers should be thinking clearly when making staff schedules. In both this case as well as the one in the beginning of the chapter (with Elaine as the new receptionist), an inexperienced person was left to handle their duties without supervision. Until such time as the supervisor is comfortable leaving an employee on their own, new employees should be closely supervised. Also as new employees, we have an obligation to tell our preceptor or employer when we are unsure about an assignment or don’t feel prepared.
  28. Not only are healthcare providers responsible for their actions, but manufacturers of medical equipment and medications are responsible as well.
  29. Another way to think of fraud is dishonesty in depriving or attempting to deprive another of his or her rights, such as the right to believe advertisements and written information about equipment.
  30. Page 7 in the text
  31. Moral values forms the basis for ethical conduct. Just like common sense and critical thinking, ethics and moral values can vary by individual healthcare providers as well as by the individual patient and family member. Basically, we consider acting morally (or ethically) toward another person usually requires that you put yourself in that individual’s place. That little voice in your head. Angel vs. devil sitting on your shoulder Conscience = “Golden Rule”
  32. Keep in mind that although a professional group cannot revoke a member’s license to practice, unethical members may be expelled from the group, suspended for a period of time, or ostracized by other members.
  33. AMA = doctors HIM = medical records
  34. I = … with compassion and respect for human dignity and right II = … be honest … report physicians deficient IV = …safeguard patient confidences and privacy V = … continue to study … VI = … be free to choose whom to serve IX - … for all people
  35. One of the earliest medical codes of ethics, the code of Hammurabi, was written by the Babylonians around 2250 BC. This document discussed the conduct expected of physicians at that time, including fees that could be charged. We’ll talk more about the Hippocratic Oath in a moment but keep in mind it was written in 400 BC .. So much later than the Code of Hammurabi. Thomas Percival, in 1803, superseded the earlier codes to become the definitive guide for a physician’s professional conduct. In it he addressed experimental medicine which had not been discussed in earlier codes. He felt that physician could try experimental treatments when all else failed if such treatments served the public good.
  36. Around 400 BE, Hippocrates, the Greek physician known as the “Father of Medicine” created a pledge for physicians that remains influential today … known as the Hippocratic Oath. … do no harm! (In your text on page 12)
  37. We will talk more about decision making in the next chapter. But bioethics looks at these types of questions: Should animals be used in research? Should government regulate genetic research? Are multiple births that result from fertility testing (i.e., “Octomom”) acceptable outcome? Should we continue to perform organ transplants?
  38. The purpose of the ethics committee is to foster decision-making that is consistent with the patient’s values and goals and with the hospital’s or facility’s mission, vision, and values. Normally this group does not make a decision but instead makes a recommendation with rationale as to why one course of action is permissible or preferable.
  39. Protocol = “how to” guidelines … if MD calls your office, do you put him directly through to your employer or does your boss want you to check first if the appointments are running 30 minutes or more behind, does your boss want you to notify the patients who are waiting is it OK for you to interrupt the doctor when he is with a patient?
  40. In your text on page 10 …might be a great tool for studying for the test to help you get a clear understanding of each of these concepts and terms
  41. Some people consider these to be the 3 C’s that are most vital to the professional success of health care professionals. GOOD MANNERS = ? (etiquette) Regardless of a healthcare provider’s personal situation – good day, bad day … , patients have the right to receive courteous and respectful treatment and attitude. Compassion is empathy which is when you identify with and understand another’s situation, feelings, and motives.
  42. The patient’s voice … looking out for them Doesn’t matter if you work in the Housekeeping Dept., the Maintenance Dept. or if you are the secretary or receptionist or the biller or the manager, the transcriptionist, the nurse, the therapist, or the doctor … EVERYONE who works in healthcare should be the patient’s advocate!!
  43. This form of communication provides respect, appreciation, and confidence in the healthcare provider. It was initiated by the Studer Group and is considered a fundamental of service – to ensure that all patients receive excellent care.
  44. A = “Good afternoon Mr. Smith. Welcome to our office.” I = “My name is Susan – let me get you checked in. I see your appointment is with Dr. Hopple today. He is an excellent physician.” D = Dr. Hopple had to attend an emergency and he was concerned about you and wanted you to know that it may be 30 minutes before he can see you. Are you able to wait or would you like me to schedule an appointment for tomorrow?” E “The test normally takes about 30 minutes. The first step is to drink this solution and then we’ll have you wait 20 minutes before we take a blood sample. Would you like something to read while you wait?” T “Thank you Mr. Smith for choosing our office. It has been a privilege to care for you.” “Thank you for your call. Is there anything else I can do for you? I have the time?
  45. In this video, a member of the palliative care team at Christiana Care's Wilmington Hospital demonstrates this process during an interaction with the family of a patient in the intensive care unit. WARNING – she tends to use “a” and “um” which is a sign of nervousness or insecurity and quite often occurs when doing something new. Just be aware of it for yourself and others around you. Sometimes people judge this trait as a sign of sincerity or lack of interest or lack of genuine caring. So instead remember that this could just be someone who is a little nervous.
  46. Eye contact does NOT mean to stare at them
  47. People skills = communication (GOOD, POSITIVE, OPEN) skills are vital Technical skills = skills learned in inservices or training or by watching the skill performed by another person who is proficient at that skill. Critical thinking skills = used for problem solving.
  48. OBJECTIVE = the result of taking the patient’s BP, the patient’s height or weight, performing a procedure by following the correct / normal / routine steps and using the equipment correctly SUBJECTIVE = patient appears tired, patient isn’t well; information that the patient reports (how he feels) This also applies to decisions you are making as a healthcare provider. Are you making decisions based on objective data or subjective data, are you making objective decisions or subjective decisions? OBJECTIVE decisions would be those that are based on the information available, anyone would come to that decision; it does not have personal feelings in it. Operate equipment, select correct size BP cuff, prepare forms to be filled out when a new patient comes in SUBJECTIVE decisions would be those that are based more on your feelings How to handle a friend’s alcohol problem More subjective = less objective and harder to defend
  49. Assignment Guidelines available Be prepared to discuss these in our next class as well as turn in your written work.