COMLEX Medical Law/Ethics Exam Accurately Solved

COMLEX Medical Law/Ethics Exam Accurately Solved What is the difference between competency and capacity? - Competency= legal definition Capacity= medical definition --ability to make decisions on their own What are the 2 components of an advance directive? - 1. Living will 2. Durable power of attorney What happens if a durable power of attorney disagrees with the patients living will? - (the living will must ultimately be honored) 1st Step= meet with family and discuss situation (while providing supportive care) and review living will 2nd Step=if conflicts arise- consult hospital's ethics committee. What is the most common cause of medical errors? - Miscommunication between providers Autonomy - the right or capacity to make one's own rational decisions, using one's own value system, and act on those decisions, without undue coercion from other people or influences, requires an adequate degree of freedom of thought and action. Beneficence - a health care professional's duty to act in a manner that in their best judgement will benefit the patient. Euthanasia - intentionally causing the death of a person, the motive being to benefit that person, honor his/her wishes, or protect him/her from further suffering. Active Euthanasia - providing or doing something that directly causes the patient's death. (i.e. giving lethal medication, withdrawing a ventilator when the patient is still paralyzed from medication, delivering carbon monoxide, etc.). Passive Euthanasia - When one has a treatment with a good chance of preventing or delaying a patient's death and does not use it (i.e. withdrawing or withholding a ventilator in a patient with an underlying condition that makes it difficult or impossible to breathe without assistance, withdrawing or withholding medication necessary to keep the patient's blood pressure up, not treating pneumonia in a patient with PVS, etc.). Fidelity - Used to describe a duty to be loyal. In other instances it is used to refer to the duty to keep one's promises. Nonmaleficence (Primum Non Nocere) - "Above all, do no harm." 1. A health care professional has a duty to avoid harming his/her patient. 2. A health care professional has a duty to prevent any harm to the patient Doctor Assisted Suicide - helping a person kill him or herself. The patient is in complete control of the process that leads to death because he/she is the person who performs the act of suicide. The other person simply helps (for example, providing the means for carrying out the action). What is the Federal Anti-Kickback statue? - you must disclose any financial relationship you have with a product (i.e. getting royalties for a new device you helped invent) Vicarious liability "respondeat superior" - The responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. Medicare - "care for the elderly"- funded by social security taxes and is not need-based. Designed for 65+ year olds, people with certain disabilities, and people with end stage disease Medicaid - intended for low income coverage; it is also available for personas who are aged, blind, disabled, or certain people in families with dependent children regardless of financial burden. Medical Battery - The intentional violation of a patient's right to direct their own medical treatments. Doctors must obtain a patient's informed consent when rendering non-emergency treatment. If medical treatment is performed without the patient's consent or against their will, the patient may have a claim, even if the doctor did not intend to cause any harm. Consolidated Omnibus Budget Reconciliation Act (COBRA) - Require group health plans to provide a temporary continuation of group health coverage that otherwise might be terminated. Emergency Medical Treatment and Labor Act (EMTALA) - A federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay,