UNIT I.

Obligations of a Sanction for Lapses

professionals
200+ specialties were added to the health
care team under the umbrella of allied
health

Entering a health care profession

Characterisitics of a profession:
1. Competence is a specialized body
of knowledge skill Involves issues such as:
2. Provision of a particular service to 1. Need to avoid talking badly about
society another practitioner
3. Standards of education and 2. Maintenance of appropriate
practice relationship at the specialty
4. Self-regulation 3. Need to stay within the role
- an acknowledgement of boundaries of the specialty
specifics duties and Note: usually not written or codified but if
responsibilities towards broken, can face serious consequences.
patients, colleagues and
society “Morality was what people believed to
a. Specialty practice acts be right and good, while Ethics iss the
b. Professional etiquette critical reflections about morality and
c. Code of ethics rational analysis of it.” - Joseph
- In regard to clients Fietcher, Ethicist
and patients,
practitioners have a Health Care Ethics
fiduciary (putting the Code of ethics bind together a group a
client first) group of Practitioners and Express the
relationship, which aims and aspirations of that group
requires them to act
primarily in the best Sample ethical question:
interests of those 1. When is it permissible to take a gift
they serve. or gratuity from patient?
2. When is the legitimate and
Specialty Practice Act address the perhaps mandatory to break a
following: patient’s confidence?
1. Scope of professional practice 3. Is it permissible to lie to a client if it
2. Requirements and qualifications is for his or her own good?
for licensure or certificate 4. What should I do if I make a
3. Exemptions to basic requirements medication error that no one else
4. Ground for administrative actions knows about but it appears
5. Penalties and sanctions for harmless to my patient?
unauthorised practice
The Client
1. The summit of the meaning of the
healthcare profession
 2. He or she is the center of which 5. Good attention to details
our profession revolves around 6. Interpersonal skills
3. Everything that healthcare 7. Physical endurance
professionals learn, 8. Problem solving skills
4. Every human being who becomes 9. Quick response, prepared and
ill is somebody who the healthcare ready
provider is morally obligated to 10. Respect
care for
5. The healthcare provider disregards Qualities and responsibilities of a
race, culture, religion, and belief in good healthcare provider to its
dealing with clients profession:
6. We cannot choose to whom we
would give care for 1. Reporting misconduct
7. It is the moral and legal - nurses are bound to protect
responsibility of the healthcare patients right
professional to render services to 2. Providing current information
anyone who seeks medical - legally bound to acquire
attention. appropriate education in
8. It is morality that regulates the order to give care in the
relationship of the nurse or any best possible way.
healthcare provider and the client. 3. Facilitation patient participation
- responsibility of the nurse
The Healthcare Provider to let the patient participate
1. The health provider, especially the in his/her own wellbeing.
nurse, is no ordinary professional 4. Providing critical and general
whose duties and obligations can information
just be accomplished by mere - intervention of the nurse for
compliance of those he/she is the awareness of the
expected or required to do patient regarding his/her
2. The paramount obligation of the own wellbeing.
nurse of the client 5. Code of ethics
3. The healthcare profession is a very - duty to care for a patient is
delicate undertaking in as much as one of the responsibilities
it deals with human life of the nurse
4. The nurse must be imbued with 6. Personal limits
virtue to come into terms with all - nurse’s understands own
her/his duties and responsibilities limits and remove oneself
from the patient care if
Qualities and responsibilities of a cannot provide excellent
good healthcare provider to its care that may result in
client: harming others
7. Follow professions standard
1. Communication skills - conducting interviews with
2. emotional stability the patients and keeping of
3. Empathy-putting yourself on the records
shoes of your patient
4. Flexibility Fundamental principle of law
 - A concern for justice and fairness
- Plasticity and change - the law
changes Trial and judgment - before a judge or a
- Acts are judged on the universal jury (in some countries) e.g USA)
standard of the reasonable person
- Doctrine of individual rights and Appeal - may be done by the losing party
responsibilities - failure to meet to high court
one’s responsibilities affects one’s
rights. Every person is liable for his Arbitration - recognized in some
or her own actions. countries or states involves a neutral third
party that both sides have agreed will
The Lawsuit have the power to decide the outcome
Plaintiff and render a binding decision
- a person who brings an action in a
court of law Legal Consideration and System of
- Has enough burden of proof Public Law
Defendant Sources of law
- a person against whom an action Main sources:
is brought 1. Common law
- Has enough ample time to respond - applied to the body of legal
to the case - 1 admit, 2 deny, 3 principles that has evolved
plead ignorance to each allegation and continues to evolve
Prima facie case and expand from actual
- legally sufficient to establish a case court cases
2. Statutory law
Element of a complaint - written law developed from
- A short statement laying out the legislative body such as
grounds on which the court’s state legislature
justification depends 3. Administrative law
- Statement of the claims that calls - example: DENR (made the
for relief for the plaintiff clean air act)
- Demand for judgment for a relief to - Public law issued by
which the plaintiff feels entitled administrative agencies
authorized by a statute to
Discovery administer the enacted
- Fact-finding phase to eliminate laws of federal and state
surprises, clarify what the lawsuit is government
about, and make parties decide if 4. Contracts
they should settle or drop the - legal binding agreements
claims. between both parties
5. Criminal law
Major elements: - law of crimes and their
● Interrogatories punishments
● documents requests 6. Civil law
● depositions - opportunity for each - concern relationships of
side to question witness and individual. These laws
parties to a suit to elicit information regulate private matters
about the case
 and deal wth people’s -“Did the nurse meet the
rights instead of crimes. standard of care?”
- Torts - acts (that are not 3. Breach duty
contact breaches) .. (ss) - Is the failure to conform to
or the departure from a
Unintentional torts (civil law) required duty of care owed
A. Negligence to a person
- It is a personal wrongdoing 4. Proximate cause or causation
that is distinguished from a - The defendant’s negligence
criminal law violation must be a substantial factor
- A failure to do or not to do causing the injury
what a reasonably careful
person would do under Intentional torts (civil law)
circumstance A. Assault - simply a threat
- Carelessness B. Battery
- Departure of the standard C. Fraud
of conduct D. Invasion of privacy
- Malpractice - type of - Encroachment or trespass
negligence during to another person’s body
professional practice - False imprisonment
- Any unreasonable - defamation
lack of skill in a. Slander (oral)
professional duties b. Libel (written,
or illegal or immoral picture, telecast)
that results in injury
to or death of a
client
Four elements of negligence: UNIT II. Human Value
1. Duty to care
2. An obligation of reasonable care Development and System of
3. Breach of duty Public Law
4. Injury proximately caused by a
breach of duty Maslow’s Hierarchy of Need (Hierarchy
of Needs)
1. Duty to care
- Legal obligation of care and Hume’s Law or Hume’s Guillotine -
performance, or an - If a reasoner only has access to
observance imposed on a non-moral and non-evaluative
person who is in position to factual premises, the reasoner
safeguard the rights of cannot logically infer the truth of
others moral statements.
2. Reasonable care (standard care)
- The degree of skills, care Piaget’s stages of Cognitive
and knowledge ordinarily Development
possessed and exercised
by other nurses in the care
and treatment of patients
 ● Law and Order
● Sacrific

2. Baby Boomer 1946-1960

-value programming was in good
fiscal time world war II
- often though of as the “Me
generation”
Core values:
● Personal and social
expression
Kohlberg’s Stage Theory of Moral ● Idealism
Reasoning - Lawrence Kohlberg ● Health
● Wellness
Values and characteristics:
● Team orientation
● Personal gratification
● Big talkers
● Socially revolutionized
● Image
● Personal growth
● Media savvy
● Scepticism in regard to
rules
Note: doubt the rules especially given by
Generational theory government
1. Silent generation (traditionalists,
veterans) 1929-1945 3. Generation X /Xers 1968-1989
- Initially underrated by the
Value: previous generation and
-programming was by the events labeled by some as
surrounding the Great Depression “slacker generation”
and World War II - Value programming was in
Core value: era of social change; both
● Conformity parents working,
● Stability contraceptive pills among
● Security others, and blurring of
Values and characteristics: gender roles
● Loyalty
● Respect for position Core Values:
● Private ● Free agency
● Conform to rules ● Independence
● Self-sufficient ● Cynicism
● Reticent to express Values and Characteristics:
emotions ● Entrepreneurial spirit
● Hard work ● Pragmatism
● Frugal ● Self-reliance
● Change
 ● Diversity ● Embrace social and ethics
● Risk takers diversity
● Choice ● Fiscally risk aversive and
● Informality pragmatic
● Techno literacy ● Value contentment/passion
● individualism over salary
● ● Innovative and
entrepreneurial
4. Millennials Mid-1980-2000
- Defined by events
immediately following the
cold war
- Grew up in a global work
- Being confident, if not a bit
arrogant, demand reasons
and rationale for decision

Core Values:
● Collaboration
● Social activism
● Tolerance for diversity
Values and characteristics:
● Positive reinforcement
● Media overload
● Global citizens
● Confidence
● Networkers
● Techno-savvy
● Ethical consumption
● Street smart

5. Generation Z late 1990s-2005

- Significant shaping events:
great recession. 9/11

Core values:
● Master at multitasking
● Techno-savvy
● Personally tolerant
regarding social and
ethnics diversity
● Thrive on instant
gratification
● Fiscally pragmatics
Values and Characteristics:
● Collaborative and creative
● Little concern for privacy
● Need for quick information