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Medical ethics case study
Ethical and legal dilemmas in the medical field
Professional codes of ethics for health care professionals have been developed to
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Ethical Principles Life is all about the decisions we make. In fact, the average individual makes 35,000 decision each and every day (Hoomans, 2015). For the healthcare professional, decisions are founded on ethical theories with the pillars of beneficence, non-maleficence and justice as the tools for decision making (Morrison & Furlong, 2014). The ability of health care professionals to apply these theories determines whether or not an appropriate response is achieved in healthcare situations. Unfortunately, at times a professional who has consistently violated the policy for ethical conduct through poor decisions must be disciplined. Determining an Ethics Breach Occurred Prior to any disciplinary action, it must be determined that unethical …show more content…
For example, in a case such as a provider having multiple events of sharing patient confidential information the patient’s best interests have clearly been violated. The sharing of such data is a HIPPA violation and against the law (American Medical Association, 2016). Discipline cannot be avoided because of the impact it has in many areas. For example, ethical misconduct can have negative consequences ranging from embarrassment and loss of prestige and license for the professional as well as legal ramification for the organization (Institute for Local Government, 2013). Due to these inevitable consequences of the providers action, disciplinary action must be taken. Disciplinary Action Taken As a manager, our obligation is to the patient as well as the stakeholder and disciplinary action should be in the best interests of each of these entities. Action which only serves the patient but does not likewise benefit the stakeholders falls short. The discipline employed must result in the greatest benefit for the greatest number of individuals (Morrison & Furlong, 2014). MODULE 1 – ETHICAL PRINCIPLES …show more content…
Had this been a situation where the provider had not agreed to the code of ethics, the outcome would have varied significantly since it is more challenging be held to a standard you did not agree to. Nonetheless since the provider had agreed to a code of ethics the recommendation is for the provider to enroll in a ProBe (Professional/Problem-Based Ethics) course (Purcell, 1977). Such a course focuses on healthcare ethics and would serve as a refresher course as well as provide practical applications of ethics issues. The role of professional disciplinary action should be to eliminate harm to the patient (non-maleficence), to help the professional advance for his/her own good (benefience) and for all occurances of ethics violations to be treated fair and like cases alike (justice). Only under the worst situations should an individual’s employment be recinded. Furthermore, refresher courses on ethics have proven to be highly effective in aiding the healthcare professional in making future ethical choices over the long-term (Purcell, 1977). It is the desire of the facility that the provider be given the necessary aids to equip them return to their status as a valuable member of the organization. Nonetheless, should the practitioner violate the code of ethics after renewed ethics training terminaiton of employment would
For anyone who has ever worked in healthcare, or simply for someone who has watched a popular hit television show such as Grey’s Anatomy, General Hospital, House or ER know that there can be times when a doctor or health care provider is placed in extremely difficult situations. Often times, those situations are something that we watch from the sidelines and hope for the best in the patient’s interest. However, what happens when you place yourself inside the doctors, nurses, or any other of the medical provider’s shoes? What if you were placed in charge of a patient who had an ethically challenging situation? What you would you do then? That is precisely what Lisa Belkin accomplishes in her book “First Do No Harm”. Belkin takes the reader on
... of potential threats such as unauthorized access of the patient information. Health care leaders must always remind their employees that casual review for personal interest of patients ' protected health information is unacceptable and against the law just like what happened in the UCLA health systems case (Fiske, 2011). Health care organizations need clear policies and procedures to prevent, detect, contain, and correct security violations. Through policies and procedures, entities covered under HIPAA must reasonably restrict access to patient information to only those employees with a valid reason to view the information and must sanction any employee who is found to have violated these policies.In addition, it is critical that health care organizations should implement awareness and training programs for all members of its workforce (Wager, Lee, & Glaser, 2013).
`Ethics' is defined as ."..the basis on which people...decide that certain actions are right or wrong and whether one ought to do something or has a right to something"(Rumbold, 1986). In relating `ethics' to nursing care, "Nursing decisions affect people... nurses have the power to good or harm to their patients" (Bandman et al, 2002). In this essay, the author will also identify the most important ethical principles and concepts of Evan's case, will outline the different stages of one's approach to ethical decision-making by utilising the "DECIDE Model for Ethical Decision-Making" founded by Thompson et al (2000) and will make a decision on the best course of action to take as a nurse in this situation.
Nurses in this field wrestle with privacy, confidentiality and quality of care challenges while staying within the limits of health-care reform legislation and HIPAA compliance. It’s essential for case managers to behave and practice ethically, adhering to the code of ethics that built their professional credential. It is vital to be aware and to practice the five basic ethical principles; beneficence, nonmalfeasance, autonomy, justice, and fidelity. Case managers should hold themselves accountable for practicing these five principals. Case managers need to recognize that their primary obligation and role is to their client/patient and that the decisions and actions they make should reflect their purpose of serving the patient (Case Management Society of America). Respective relationships with coworkers, employers and other professionals should be demonstrated. It’s inevitable that laws, rules, polices, insurance benefits, and regulations that may come in conflict with personal ethical principles, but in these situations, case managers are bound to address it to the best of their ability and seek appropriate consultation that will aid in the correct and well researched decision. Finding the appropriate boundaries and limits is the key to operating within the scope of a case manager’s
Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.
This paper explores the legal, ethical and moral issues of three healthcare colleagues by applying the D-E-C-I-D-E model as a foundation of decision making as found in Thompson, Melia, and Boyd (2006). Issues explored will be those of the actions of registered nurse (RN) John, his fiancé and also registered nurse (RN) Jane and the Director of Nursing (DON) Ms Day. Specific areas for discussion include the five moral frameworks, autonomy, beneficence, Non – maleficence, justice and veracity in relation with each person involved as supported by Arnold and Boggs (2013) and McPherson (2011). An identification and review of the breached code of ethics and the breached code of conduct in reference with the Nursing, Council, and Federation (2008) will be addressed. Lastly a brief discussion on how the three schools of thought deontology, teleology and virtue had effects on each colleague (McPherson, 2011) .
This paper will focus on two BNUR leaner outcomes (University of Calgary, 2013) relevant to my learned understanding of nurses as ethical decision makers. I will outline the ways that I have seen ethics used and not used in practice, what I learned about ethics and its use in my theory courses and throughout my practicums, and I will reflect on how this understanding will translate into my professional practice moving forward.
In conclusion, every patient is worried about their rights to care but not so much are focused on the rights of the physicians providing the care. It is hard to establish a respectable practice if you are required to perform care for instances in which you object or do not want to be a part of. This detracts from the ethical background of practice and procedure every physician should hold to the highest standard.
Medical confidentiality is a major issue in the medical field today due to consequences caused by keeping and breaking patient-doctor confidentiality. M. A. Crook addresses this issue in, “The Risks of Absolute Medical Confidentiality”, which discusses the holes in the argument that patient confidentiality should always be upheld. Crook presents detailed examples of scenarios in which confidentiality should have been broken and provides credible sources to support his opinion. Certain aspects of Crook’s argument enable it to be an overall well-written and persuasive article.
There are weaknesses in professional guidelines and rules because they are unable to provide the directives for moral reasoning and action is health care situations. Many people state that biomedical ethics provides a framework and emphasis on the person rather than the professional code and legal policy (Beauchamp and Childress, 2001). On the other hand they serve a purpose to provide some direction for professionals however codes of practise do not dismiss.
Professional standards are defined as the legal or ethical duty of a professional in a particular field to exercise the level of diligence, skill, and care as stipulated in the code of practice. Normally, an individual is expected to be consistent with what other professionals in the practice are engaging in to comply with the expectation of the profession. On the other hand, institutional ethics is defined as the application, evaluation and articulation of values and moral principles that are related to the organization’s procedures, practices, and policies (Holloway & Wheeler, 2013). Perhaps, in the case studies below, health care institutions and professionals are involved thus prompting the need to examine their
Patient confidentiality is one of the foundations of the medical practice. Patients arrive at hospitals seeking treatment believing that all personal information will remain between themselves and the medical staff. In order to assure patients privacy, confidentiality policies were established. However, a confidentiality policy may be broken only in the case the medical staff believes that the patient is a danger to themselves or to others in society. Thesis Statement: The ethics underlying patient confidentiality is periodically questioned in our society due to circumstances that abruptly occur, leaving health professionals to decide between right and wrong.
The Health Insurance Portability and Accountability Act (HIPAA), Patient Safety and Quality Improvement Act (PSQIA), Confidential Information and Statistical Efficiency Act (CIPSEA), and the Freedom of Information Act all provide legal protection under many laws. It also involves ethical protection. The patient must be able to completely trust the healthcare provider by having confidence that their information is kept safe and not disclosed without their consent. Disclosing any information to the public could be humiliating for them. Patient information that is protected includes all medical and personal information related to their medical records, medical treatments, payment records, date of birth, gender, and
Diesfeld & Godbold, (2009) suggests that the New Zealand disciplinary process is a form of preventative law for patients and health care providers. Therefore it is vital for health care providers to have an understanding of their legal obligations to their profession and their patients. The Medical Council of New Zealand (2006) believes that patient’s needs should be a priority and that patients are entitled to competent health professionals. Furthermore the Medical Council of New Zealand encourages the maintenance of the patient caregiver relationship through honesty, trustworthiness and integrity. Therefore accountability is essential for health practitioners who do not comply with the accepted standard of care and to be held accountable (Johnson, 2004).
The sixth ethical issue arises when the client is denied access to his medical chart. Currently, HIPPA (2006) grants clients access to their medical records. An exception to this is if the information contained within the medical records is “reasonably likely” to cause harm to the client (HIPPA, 2006; APA, 2002). The records were unlikely to cause harm to the patient and, therefore, the client should have had access to them.