Ethical, Legal, and Economic Foundations of the Educational Process
Differentiated View of Ethics, Morality and Law 1. Natural law (basis) 2. Deontological (Golden Rule) 3. Teleological (greatest good for the greatest number)
Evolution of Ethical/Legal Principles in Health Care * Charitable Immunity * Cardozo Decision of 1914 A. Informed consent B. Right to self-determination
Cardozo Decision * Informed Consent: the right to full disclosure; the right to make one’s own decisions * Right to self-determination: the right to protect one’s own body and to determine how it shall be treated
Government Regulations & Professional Standards 1. National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research 2. President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research 3. American Nurses Association’s Code of Ethics for Nurses with Interpretative Statements 4. American Hospital Association’s Patient’s Bill of Rights
Application of Ethical and Legal Principles
1. Autonomy
2. Veracity
3.Confidentiality
4. Nonmalfeasance
-Negligence
-Malpractice
-Duty
5. Beneficence
6. Justice
Definition of Ethical Principles
1. Autonomy: the right of a client to self-determination
2. Veracity: truth telling; the honesty by a professional in providing full disclosure to a client of the risks and benefits of any invasive medical procedure
3. Confidentiality: a binding social contract or covenant to protect another’s privacy; a professional obligation to respect privileged information between health professional and client.
4. Nonmalfeasance: the principle of doing no harm A. Negligence: the doing or nondoing of an act, pursuant to a duty, that a reasonable person in the same circumstances would or would not do, with these actions or nonactions leading to injury of another person or his/her property. B. Malpractice: