1. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Welcome to HS 101 – Medical Law and Bioethics Joseph P. Oldaker - Instructor

2. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Agenda- Seminar 1 Course Introduction and Expectations Overview of Chapter 1 Material

3. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Course Introduction Syllabus Available in Doc Sharing – Grading Criteria/Course Evaluation: – Discussion: 9 Discussions at 40 points each360 points – Seminar: 9 Seminars at 20 points each180 points – Projects: 2 Projects at 120 points for Units 4 and 8240 points 1 Project at 100 points for Unit 9100 points – Two Quizzes 125 points – Total:1000 points – Kaplan University Grading Scale: A 93-100%4.0 A- 90-92%3.7 B+ 87-89%3.3 B 83-86%3.0 B- 80-82%2.7 C+ 77-79%2.3 C 73-76%2.0 C- 70-72%1.7 D+ 67-69%1.3 D 60-66%1.0 F 0-59%0.0 Welcome to Medical Law and Bioethics Joseph P. Oldaker, J.D. – Joldaker@kaplan.eduJoldaker@kaplan.edu AIM: jpoldaker

4. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Office Hours Sunday 9-11 pm EST on AIM. My username is: Jpoldaker

5. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Grading Rubrics These are the grading criteria for assignments. They define, in writing, what is expected of the student to get a particular grade on an assignment. Heidi Goodrich Andrade, a rubrics expert, defines a rubric as "a scoring tool that lists the criteria for a piece of work or 'what counts.' Heidi Goodrich Andrade

6. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved.

7. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Discussion Board Assignment Rubric – Make 1 initial post (per question) of ~100 words. Respond to two other students’ initial post. – Writing Clarity – Professional Development + Imagine these discussion boards are a string of emails or memos to your manager or boss. + Use Proper English – Do Not Use: abbreviations (LOL, OMG, BTW, ROTFL, TTYL), ALL CAPS, pet names like “honey” or “sweetie,” incomplete sentences, run-on sentences, emoticons – Do use: short, concise sentences that are easy to understand and the Spell-Checker. If you have used 3 commas without a list, the sentence is probably too long. – Crafting a response to discussion questions – Grading rubric for Discussion Board Assignments: + To receive the maximum amount of points, have three total posts PER QUESTION, over the course of three different days. + Your initial post must be on time (posted by Saturday).

8. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Each assignment for this course has its own specific rubric. Please read the rubric BEFORE completing the assignment. You may email me any questions that you have about how an assignment will be graded.

9. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. The Kaplan Writing Center For many of you, this is your first college-level course – or your first college-level course in some time. The Kaplan Writing Center is there to help you! Previous students have improved their writing (and grades!) greatly from using this resource. View the Course Announcements to obtain information on the Kaplan Writing Center.

10. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. QUIZZES Question from Student: How do study for the quizzes? Answer: know the vocabulary. Make a list of all the words in BOLD in the text book. Define the words. This should act as a very good study guide for the quizzes.

11. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Any Questions?

12. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Medical Law and Ethics Introduction to Medical Law, Ethics, and Bioethics Chapter 1

13. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Illegal is almost always unethical. For example, although marches during the Civil Rights movement were illegal, they were certainly not unethical. Basic understanding of law as it applies to medical practice is essential Helps to protect patients from poor medical care Why Study Law, Ethics, and Bioethics?

14. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Helps protect employee and employer from lawsuits Assists medical professional in making decisions based on reason and logic rather than on just emotion Why Study Law, Ethics, and Bioethics? (continued)

15. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Addresses legal rights and obligations that affect patients and protect individual rights, including rights of health care employees Provides yardstick to measure or judge actions Punishes unlawful actions Medical Law

16. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Regulate how medicine is practiced in each state Provide legal definition for the practice of medicine in that state List requirements and methods for licensure Define what constitutes unprofessional conduct Medical Practice Acts

17. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. WHAT DO “ETHICS” AND “MORALS” MEAN TO YOU?

18. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Branch of philosophy related to morals, moral principles, and moral judgment Morality is being virtuous; practicing right conduct Uses reason and logic to analyze problems and find solutions Concerned with actions and practices that improve welfare of people in a moral way Ethics

19. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Concerns issues related to practice of medicine Explores and promotes principles guiding conduct of health care professionals Involves the welfare and consideration of others in deciding how to act Medical Ethics

20. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Greatest good for the greatest number Impact of actions on welfare of society as a whole, rather than merely the individual Ends justify the means Utilitarianism

21. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Example: Medicare Weakness: the rights of some people, such as the poor, may be ignored Utilitarianism (continued)

22. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Emphasis on individuals’ rights Rights belong to all people Weakness: may result in individualist, selfish behavior—even anarchy Rights-Based Ethics

23. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Focuses on performing duty Explores conflicting opinions about “duty” Differs depending on professional role (i.e., RN, physician assistant, medical assistant) Weakness: difficult to know who determines one’s duty Duty-Based Ethics

24. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Emphasis on people, not on decisions or principles involved Examples: fairness, honesty, courage, and justice Seeking the “good life” Weakness: a person may become too trusting and complacent Virtue-Based Ethics

25. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Beneficence Fidelity Gentleness Humility Justice Perseverance Responsibility Sanctity of or respect for of life Tolerance Work Values That Drive Ethical Behavior

26. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Respect Integrity Honesty Fairness Empathy Sympathy Compassion Loyalty Interpersonal Ethics

27. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Privacy, or confidentiality Due process Workplace free from sexual harassment Comparable worth Workplace Issues

28. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 1.Is it legal? 2.Is it balanced? For example, does one person or group benefit or suffer more than another? 3.How does it make me feel (i.e., embarrassed, proud)? Three-Step Ethics Model

29. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 1.Determine the facts 2.Define the precise ethical issue 3.Identify the major principles, rules, and values 4.Specify the alternatives 5.Compare values and alternatives 6.Assess the consequences 7.Make a decision Seven-Step Model for Examining Ethical Dilemmas

30. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 1.Gather information 2.Clarify the ethical issues 3.Resolve the dilemma Dr. Bernard Lo’s Clinical Model

31. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Not just about how you feel Not about sincerity of beliefs Not about emotional response Not only about religious beliefs What Ethics Is Not

32. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Moral dilemmas and issues resulting from advanced medicine and medical research relating to life Examples: cloning, stem cell research, and gene therapy Bioethicists: specialists in the field of bioethics Bioethics

33. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Examine ethical issues relating to patient care Contain a variety of members from many health care disciplines Can serve in advisory capacity to patients, families, and staff for case review of difficult ethical issues Develop and review health policies and guidelines regarding ethical issues Ethics Committees

34. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Gather and evaluate information about services Examine results Compare information against a standard Quality Assurance

35. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Certain rules, or standards of professional behavior, that physicians practice in their relationships or conduct with other physicians For example, telephone calls from one MD to another should be taken promptly Medical Etiquette

36. Medical Law and Ethics, Third Edition Bonnie F. Fremgen Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. Case Study HIPAA – The Healthcare Insurance Portability and Accountability Act (1996) – Health care access – ex. preexisting conditions – Privacy Rule What is the ethical and legal bases of such a regulation?