Health Law & Medical Ethicsfor Healthcare Professionals

James F. Allen Jr. RN, BSN, MBA/HCM, JD

Objectives

1. Describe three different teaching techniques that can be used to teach law and ethics.

2. Discuss whether ethics can be taught, learned, or changed.

3. List three teaching strategies that can be incorporated into teaching law and ethics.

4. Provide an example of teaching tips to avoid while teaching law and ethics.

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Medical TerminologyWhat is Crohn’s disease?An eponym named after the

doctor who discovered it.

Medicine changed from eponyms to medical terminology.

The law is trying to do the same thing, simplify the language process.

Legal Terminology

Medical Legal TerminologyLet’s see if we can do the same

thing.◦Can anyone give me a definition of

negligence?◦What do you think negligence is?

NegligenceWhat is Negligence?

◦Can anyone give me a definition of negligence? Either know it, or they don’t

Verifies knowledge Can reward or alienate

◦What do you think negligence is? Actively Engages

Encourages Interactivity Emphasizes Learning by Teaching Allows students to make mistakes ?????????

Mistakes?Learning by MistakesHave Any of You Made an

Embarrassing Mistake?

NegligenceWhat is Negligence?

◦Can anyone give me a definition of negligence? Either know it, or they don’t

Verifies knowledge Can reward or alienate

◦What do you think negligence is? Actively Engages

Encourages Interactivity Emphasizes Learning by Teaching Allows students to make mistakes ?????????

NegligenceWhen a person has a duty, and

then breaches that duty; that breach is what caused the damages.

Damages that are caused by a breach of duty.

Negligence Walkthrough

◦ Damages◦ Caused By◦ Breach◦ Duty

◦ Duty◦ Breach◦ Damages◦ Causation

Damages that are caused by a breach of duty

The Prescription Mr. Jones has high blood pressure. The doctor wanted him to start on Lisinopril. Goes to office to write Rx Gets an emergency call, leaves office Hours later…. Patty is an CMA in the doctor’s office. Patty goes to office, see’s Rx, matches what is in

the medical records But, it does not have Mr. Jones name on it. Patty writes Mr. Jones name on it and gives it to him Mr. Jones has an allergic reaction

Was Patty Negligent?

Negligence Walkthrough

◦ Duty◦ Breach◦ Damages◦ Causation

◦ Did Patty have a Duty?◦ Did Patty Breach that

duty?◦ Did Mr. Jones have Damages

◦ Did the breach Cause damages?

Damages that are caused by a breach of duty

What is Ethics?What do you think ethics is?

What is Ethics?What do you think ethics is?When are ethics learned?

Do students have their ethics solidified by the time they reach the classroom?

Can a person change their concept of ethics?

When are Ethics Learned?Erickson’s Psycho-Social Development

◦Birth – 18m Trust vs. Mistrust◦2 – 3 Autonomy vs. Shame and

Doubt◦3 – 5 Initiative vs. Guilt◦6 – 11 Industry vs. Inferiority◦12 – 18 Identity vs. Role Confusion◦19 – 40 Intimacy vs. Isolation◦40 – 65 Generativity vs. Stagnation◦65 – Death Ego Integrity vs. Despair

Can Ethics Change?What do you think?Can a person change their ethics

(concept of right and wrong)?

Kohlberg◦Pre-Conventional stage◦Conventional Stage◦Post-conventional stage

Kohlberg Ethical DevelopmentPre-Conventional stage

(childhood)

◦What authority figures say What is Something that is Right Why is Something Wrong? Because Mommy and Daddy say it is

◦What the punishment is I’ll get spanked if I do something wrong

Kohlberg Ethical DevelopmentConventional Stage (adolescence)

◦What their family taught them Parents Relatives

◦What their friends think Group Peers Social Circles

Some remain at this level

Kohlberg Ethical DevelopmentPost-conventional stage

(adulthood)

◦Right and wrong from a universal viewpoint

◦Take everyone’s interests into account What promotes the universal ideas of

justice, human rights, or human welfare

Case Study1. A couple, medically unable to conceive, choose

artificial insemination.2. Parents are a lesbian couple in a long-term relationship3. Both lesbians are deaf (one from birth, the other from

an accident).4. Chose a homosexual male, to act as the sperm donor.5. The homosexual sperm donor has been deaf since

birth.6. Their careful choice was made in the hopes of having:

◦ a genetically deaf child, and◦ hopefully having a child that was homosexual

7. Child protective services took the child away and placed it up for adoption.

Ethics Case Study: Sharon Duchesneau and Candy McCullough

Teaching TechniquesIs Teaching like Acting?

◦Drama◦Comedy◦Love Story◦Musicals◦Mystery◦Science Fiction

Teaching and ActingTell A Story

1. Be Brief2. Use Story Twists3. Work The Crowd4. Act Out the Characters5. Leave the story with a BANG

Tell A StoryTell A Story

1. Be Brief2. Use Story Twists

The Walkthrough

3. Work The Crowd4. Act Out the Characters5. Leave the story with a BANG

The Prescription Mr. Jones has high blood pressure. The doctor wanted him to start on Lisinopril. Goes to office to write Rx Gets an emergency call, leaves office Hours later…. Patty is an CMA in the doctor’s office. Patty goes to office, see’s Rx, matches what is in the

medical records Patty goes to the office and looks at Mr. Jones medical

records. The medical records says the Dr. wanted to start him on Lisinopril

Patty writes a Rx for Mr. Jones for Lisinopril Mr. Jones has an allergic reaction

Was Patty Negligent?

Negligence Walkthrough

◦ Duty◦ Breach◦ Damages◦ Causation

◦ Did Patty have a Duty?◦ Did Patty Breach that

duty?◦ Did Mr. Jones have Damages

◦ Did the breach Cause damages?

Damages that are caused by a breach of duty

Tell A StoryTell A Story

1. Be Brief2. Use Story Twists3. Work The Crowd

Ever had a teacher that you didn’t care for?

Allows you to launch into a story you were going to tell anyways

4. Act Out the Characters5. Leave the Story with a BANG!

Work the CrowdWhat Problems Have You

Encountered with Teaching?

◦Teaching students you have, instead of what you wish you had. “We cannot change the cards we were

dealt, but have to play the hand we were given.”

Tell A StoryTell A Story

1. Be Brief2. Use Story Twists3. Work The Crowd4. Act Out the Characters

The Nervous System?

5. Leave the Story with a BANG!

Tell A StoryTell A Story

1. Be Brief2. Give Details3. Use Story Twists4. Work The Crowd5. Act Out the Characters6. Leave the Story with a BANG!