Module 1

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1
20th century: over 200 specialties added to health care team. It provides over 80% of direct patient care. Combines science and technology with patient care.
Allied health
2
Essential Characteristics of a Profession
—Competence in specialized body of knowledge and skill
—Provision of particular service of society
—Standards of education and practice
—Self regulation
3
Outlines activities providers perform in delivery of patient care
Develop code of ethics to assist in self-regulation
Outlines profession’s mission and objectives
Legal Practice Act
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Scope of professional practice
Requirements and qualifications for licensure or certification
Exemptions to basic requirements
Grounds for administrative actions
Penalties and sanctions for unauthorized practice
Specialty Practice Acts
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Right or Wrong?
Sanction: loss of professional reputation, loss of professional affiliations
Ethical conduct
6
Legal or Illegal?
Sanction: punishment as prescribed by law
Legal Requirements
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Proper or Improper?
Sanction: loss of professional respect and fellowship
Professional etiquette
8
Ethical question: values, morals, individual culture, intense personal beliefs, and faith
Ethics: how we make judgements in regard to right and wrong
Health Care Ethics
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Body of rules of action or conduct prescribed by controlling authority; having bound legal force
Minimum standard of expected performance between individuals in a society
Law
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Emanates from judicial decisions
Court rulings
Common Law
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Arises from legislative bodies
Ex: RA, EO, Ordinances
Statutory Law
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Follows from rules and regulationsand decisions of administrative agencies
Agency rules and regulation (implement)
Administrative Law
13
Fundamental Principles of Law
Concern for justice — less in life, more on law
Plascticity and change — it should withstand the test of time
Acts judged on universal standard and reasonable person
Doctrine of Invidual Rights and Responsibilities
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Law is incomplete and always growing
  • Yes
  • No
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There are areas of law where there are no previous legal rulings; growth and change occurs
  • Yes
  • No
16
Wise to view the law as guide to proper behavior; mistake to confuse legal and ethicsl behavior
  • The satement is correct.
  • The statement is wrong.
17
Steps in a Civil Lawsuit
Complaint
Answer
Discovery
Trial and Judgement
Appeal
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Person who brings an action in a court of law
Plaintiff or Complaint
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Person against whom an action is brought
Defendant or Accused
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Legally sufficient (evidence and proof) to establish a case
Prima Facie
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Has the burden of proof
Plaintiff or Complaint
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Files petition with court that adresses elements of prima facie case
Complaint
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Defendant three choices
admit
deny
plead ignorance to each allegation in complainy
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Filling an answer moves case into pre-trial case
Answer
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Fact- finding phase
Discovery
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Interrogatories
Document requests
Depositions
Discovery
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Case tried before a judge only or before judge and jury
Trial and Judgement
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Losing party may appeal a trial court decisions to ahigher court
Appeal
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The Highest Court
Supreme Court
30
Trier of Law
Appellate court
31
Neutral third party of whom both sides have agreed will have power to decide and render a binding decisions
Arbitration
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