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HC21 Legal and Ethical Responsibilities: Q&A Study Guide
Part 1: Core Legal Principles & Terminology
1. What is the primary difference between law and ethics?
• Answer: Law is a set of enforceable rules and standards governing society,
created by a governing body. Ethics are moral principles and values that
guide a person's behavior or conduct, which are not necessarily enforceable
by law. You can act legally but unethically, and vice-versa.
2. Define "Negligence" in a healthcare context.
• Answer: Negligence is the failure to exercise the standard of care that a
reasonably prudent person would have exercised in a similar situation,
resulting in harm or injury to a patient. The four required elements
are: Duty (a caregiver-patient relationship existed), Breach of Duty (the
standard of care was not met), Causation (the breach directly caused the
injury), and Damages (actual harm occurred).
3. What is "Informed Consent," and what are the three key elements required
for it to be valid?
• Answer: Informed consent is a process, not just a form, where a patient
grants permission for a treatment or procedure after understanding all
relevant information. The three key elements are:
1. Disclosure: The provider must explain the nature of the procedure,
risks, benefits, and alternatives.
, 2. Competence: The patient must be mentally/legally capable of
understanding the information and making a decision.
3. Voluntariness: The consent must be given freely without coercion,
fraud, or undue influence.
4. Differentiate between "Assault" and "Battery."
• Answer: Assault is the intentional threat to touch another person without
their consent, creating a reasonable fear of imminent harm. Battery is the
actual, intentional, and non-consensual touching of another person. In
healthcare, performing a procedure without consent could be considered
battery.
5. What does the acronym "HIPAA" stand for, and what is its primary purpose?
• Answer: Health Insurance Portability and Accountability Act (HIPAA). Its
primary purpose is to protect patients' health information, ensuring privacy
and security. It sets national standards for the electronic transmission,
privacy, and security of health data.
Part 2: Ethical Dilemmas & Principles
6. A patient with a terminal illness refuses a blood transfusion based on religious
beliefs, even though it will likely save their life. What ethical principle supports
honoring their decision?
• Answer: The principle of Autonomy. This principle recognizes the patient's
right to self-determination and to make decisions about their own body and
healthcare, even if those decisions are contrary to medical advice or may
lead to death.
7. Describe the ethical principle of "Nonmaleficence."
• Answer: Nonmaleficence is the ethical principle that means "to do no
harm." It is the foundation of medical ethics and requires healthcare
professionals to avoid causing injury or harm to the patient, either through
acts of commission or omission.