Medical Law, Ethics, and Professionalism
Law and ethics questions test scope of practice, consent, confidentiality, and professional conduct. Know the elements of negligence: duty, breach, causation, and damages; malpractice is professional negligence. Battery is unauthorized touching, while negligence is a failure to meet the standard of care. Informed consent requires capacity, comprehension, voluntariness, and disclosure of risks, benefits, and alternatives; the provider obtains consent, and the assistant may witness or document. Minors generally need a parent or guardian unless emancipated or a specific exception applies. Implied consent covers emergencies and routine procedures such as venipuncture when the patient presents for care. Confidentiality is both legal under HIPAA and ethical; disclose only with authorization or as required or permitted by law, using the minimum necessary. Report suspected abuse, communicable diseases, and gunshot wounds according to state law. Professionalism includes punctuality, appropriate attire, honesty, teamwork, boundary management, and avoiding social-media disclosures. Ethics involves doing what is right even when it is legal.
Traps include thinking a legal right always makes an action ethical, forcing a refused medication, discussing a patient in public, accepting gifts that create a boundary issue, or answering 'call the police' when policy requires notifying the provider and following reporting law. Distinguish slander (spoken) from libel (written).
Worked rule: If a competent adult refuses a medication, respect the refusal, document the refusal and the patient's words, notify the provider, and continue to monitor. Do not administer against the patient's will because doing so risks battery and loss of trust.