PPT presentation from Pearson author Jim Allen's webinar held on Friday, July 20, 2012; part of the Practice Makes the Professional web series.

1. Health Law & Medical Ethics
for Healthcare Professionals
James F. Allen Jr. RN, BSN, MBA/HCM, JD

2. 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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5. Medical Terminology
Legal Terminology
 What 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.

6. Medical Legal Terminology
 Let’s see if we can do the same thing.
◦ Can anyone give me a definition of
negligence?
◦ What do you think negligence is?

7. Negligence
 What 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 ?????????

8. Mistakes?
 Learning by Mistakes
 Have Any of You Made an
Embarrassing Mistake?

9. Negligence
 What 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 ?????????

10. Negligence
 When 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.

11. Negligence Walkthrough
 Damages that are caused by a breach of
duty
◦ Damages ◦ Duty
◦ Caused By ◦ Breach
◦ Breach ◦ Damages
◦ Duty ◦ Causation

12. 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?

13. Negligence Walkthrough
 Damages that are caused by a breach of
duty
◦ Duty ◦ Did Patty have a Duty?
◦ Breach ◦ Did Patty Breach that duty?
◦ Damages ◦ Did Mr. Jones have Damages
◦ Causation ◦ Did the breach Cause
damages?

14. What is Ethics?
 What do you think ethics is?

16. 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?

17. 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

18. 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

19. Kohlberg Ethical
Development
 Pre-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

20. Kohlberg Ethical
Development
 Conventional Stage (adolescence)
◦ What their family taught them
 Parents
 Relatives
◦ What their friends think
 Group
 Peers
 Social Circles
 Some remain at this level

21. Kohlberg Ethical
Development
 Post-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

22. Case Study
1. A couple, medically unable to conceive, choose
artificial insemination.
2. Parents are a lesbian couple in a long-term
relationship
3. 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

23. Teaching Techniques
 Is Teaching like Acting?
◦ Drama
◦ Comedy
◦ Love Story
◦ Musicals
◦ Mystery
◦ Science Fiction

24. Teaching and Acting
 Tell A Story
1. Be Brief
2. Use Story Twists
3. Work The Crowd
4. Act Out the Characters
5. Leave the story with a BANG

25. Tell A Story
 Tell A Story
1. Be Brief
2. Use Story Twists
 The Walkthrough
3. Work The Crowd
4. Act Out the Characters
5. Leave the story with a BANG

26. 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?

27. Negligence Walkthrough
 Damages that are caused by a breach of
duty
◦ Duty ◦ Did Patty have a Duty?
◦ Breach ◦ Did Patty Breach that duty?
◦ Damages ◦ Did Mr. Jones have Damages
◦ Causation ◦ Did the breach Cause
damages?

28. Tell A Story
 Tell A Story
1. Be Brief
2. Use Story Twists
3. 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 Characters
5. Leave the Story with a BANG!

29. Work the Crowd
 What 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.”

30. Tell A Story
 Tell A Story
1. Be Brief
2. Use Story Twists
3. Work The Crowd
4. Act Out the Characters
 The Nervous System?
5. Leave the Story with a BANG!

31. Tell A Story
 Tell A Story
1. Be Brief
2. Give Details
3. Use Story Twists
4. Work The Crowd
5. Act Out the Characters
6. Leave the Story with a BANG!