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Medical Law and Ethics
Medical Law and Ethics
Medical Law and Ethics
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I watched Grey’s Anatomy Season 1 Episode 9, titled Who’s Zoomin Who. This episode starts off in a way that does relate to any ethical issue. George has just slept with a new girl and finds out that he has syphilis. The entire wing of the hospital experiences a syphilis outbreak leading the staff needing to be tested for the STD. Grey’s Anatomy has many storylines and another in this episode deals with the Chief of Surgery, Dr. Webber. He finds out that he has a tumor behind his eye, and he recruits Dr. Shepard to keep this secret and do the surgery to remove the tumor. Dr. Burke is also dealing with a friend who has an ovary that he needs to have removed. The part of the episode that has an ethical issue comes about when Cristina and Izzie have a patient suddenly die in their care. The patient is an older man who they find to have a lot of fluid in his gut, which could eventually threaten his life. When they are removing the fluid, the patient dies on …show more content…
the table. Cristina and Izzie want to find out how the patient died. However, when they ask the family to do an autopsy, they refuse. Not wanting to take no for an answer, the two residents take it upon themselves to do the autopsy even without consent from the family. They are caught by Dr. Bailey, forcing them to go into damage control and try get the family to consent after the fact. Because Cristina and Izzie found that the dead man had a genetic condition that could threaten his daughter’s life, the wife and daughter agree to sign the consent form so the hospital can avoid a lawsuit. The issue of informed consent has long been an issue debated by ethicists and others involved in the health care field. Informed consent has many elements that all contribute to the patient and/or family being completely informed of the procedure and its results. Doctors or other involved with the patient must present the patient with the nature of the procedure, reasonable alternatives to the proposed treatment, the risks and benefits, and make sure that the patient understands what is going to happen. In this case Cristina and Izzie do follow this process but forget the most important part; acceptance of the procedure by the patient or their family. Because the wife and daughter do not agree to go through with the autopsy, Cristina and Izzie violated informed consent. Informed consent is extremely important for many reasons.
I believe the most important is so that procedures are not done that the patient does not want to have. If there was nothing like informed consent, Doctors would be free to do whatever treatment they wanted to on their patients. This could possibly lead to procedures that are not in the best interest of patient. Although doctors have an obligation to treat patients in the best way possible, we have seen throughout this class how doctors are not different than the rest of us and can get selfish. This has led to procedures and experiments that were harmful to the patients. Without Informed Consent it is possible for doctors to manipulate patients into agreeing to things that they do not understand. When informed consent is enforced, it ensures that all doctors act in the best interests of their patients and not themselves. It also makes sure that patients are not agreeing to procedures and/or treatments that they do not completely
understand. Conflict over this issue usually arises when the process is not followed. There are many cases each year that result in people suing over hospitals not getting informed consent or not following the process. Even in this case, Cristina, Izzie, and Dr. Bailey, were afraid that the wife and daughter of the patient were going to sue the hospital. When the process is not followed, patients are not able to make the best decision for their health care. This can lead to complications that make it difficult to maintain trust between patient and healthcare provider. As most people know, trust is essential when it comes to the relationship between the doctor and patient. Because of the fear of being sued, this episode offered up the solution of getting the family to sign the consent after the autopsy had already been performed. Izzie and Cristina found a genetic condition that the patient has that would threaten the life of the daughter if she has it. The wife and daughter are thankful for this and agree to sign the consent form. In the end, the hospital would not need to worry about a lawsuit over the illegal autopsy that the two residents performed. This solution, while effective, is not one that would work in almost any other situation. However, in this situation, the solution that Dr. Bailey brought forth was extremely well-thought out and brought about the best possible results. If the autopsy had not found the genetic problem that was present, there is a good chance that the wife and daughter would have decided to sue the hospital. In short, the hospital would have completely lucked out if this was an actual occurrence. Using the Utilitarian Theory of ethics, the solution of getting the consent form signed after the fact was the best. This solution offered the greatest good for the greatest number of people. The daughter was now informed of the genetic condition that she could possibly have and the hospital avoided the costly lawsuit that would have occurred if the family decided to file one. If Dr. Bailey had not come up with this solution or if the family had refused, the situation would have been much worse for some. If that were to have happened, the family of the patient would probably be better off because they would have a lot of money. However, the Hospital would have lost a lot of money and their reputation would have taken a hit. Also many doctors, including Dr. Bailey, Cristina, and Izzie, would have been damaged professionally and possibly even lost their license. Preference Utilitarianism applies to this situation because Dr. Bailey fulfilled her desire to preserve her reputation and avoid a lawsuit. In some ways the desires of the family were also fulfilled. The wife was able to know what actually killed her husband. The daughter, who was always hard on her father, was finally able to understand that he had a disease that caused him to act the way that he did. The other Utilitarian theory, Hedonistic Utilitarianism, also applies because the solution was able to maximize pleasure and minimize pain. The basic impulse of Dr. Bailey was to minimize the pain of the situation, which would have been the lawsuit, and maximize the happiness, which would be avoiding the lawsuit and helping the family by telling them of the genetic condition. Even though Dr. Bailey’s intentions may not have been in the interests of anybody other than herself and the hospital, the outcome was one that had good consequences. Under Hedonistic Utilitarianism, this means that she was morally good because of the fact that the outcome was good. When this is the case, it doesn’t matter what people’s intentions are, it only matters what the end result is. Informed Consent will continue to be an issue debated by ethicists for a long time. Until there is a perfect system of Informing patients and getting their consent, doctors and other health care providers will continue to, either unintentionally or otherwise, violate the process. This case while not physically harming anybody, is a perfect example of doctors violating Informed Consent for their own personal gain, which is this case was Cristina and Izzie wanting to find out how their patient suddenly died. Having said that, it is a relief knowing that the process of Informed Consent has improved greatly over the last few decades, to the point where most facilities now have pretty strict policies regarding this issue. I think this episode did do a good job of portraying why Informed Consent is important and also how it can be violated.
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
Today, there are so many legal dilemmas dominating trial for the courts to make a sound legal decision on whose right in a complicated situation. Despite the outcome of the case, the disagreement usually has a profound effect on the healthcare organization, and the industry as a whole. Many cases are arguments centered around if the issue is a legal or moral principle. Regardless what the situation maybe, the final decision is left to the courts to differentiate between the legality issues at hand opposed to justifying a case based on moral rules. According to Pozgar (2012), an ethical dilemma arises in situations where a choice must be made between unpleasant alternative. It can occur whenever a choice involves giving up something good and suffering something bad, no matter what course of action is taken (p. 367). In this paper, I will discuss cases that arose in the healthcare industry that have been tried and brought to justice by the United States court system.
When a patient’s/family’s religious beliefs go against recommended medical treatment, it brings up an ethical issue. If the patient is a minor, this makes the case even more complex. In such a case, the parents would need to be evaluated to see if they were properly representing their child’s best interest. Depending on the child’s age, the child would need to be consulted to see if he/she meets the criteria of having the capacity to make his/her own medical decisions. Finally, the physician needs to be consulted to determine what his/her beliefs are on the case and under what circumstances would he be willing to perform the surgery.
The notion of truth is explored in everyday life as well as constructed through theoretical situations such as television dramas. Through the exploration of the representation of certain topics concerned with psychology the notion of truth can be explored ultimately answering the question “How is the notion of truth portrayed?”. Although “Grey’s Anatomy” is known for its scandals, and medical plot, there is also a fair amount of psychology involved in the characterization, and in the cases in which the doctors are involved.
Physician-assisted suicide refers to the physician acting indirectly in the death of the patient -- providing the means for death. The ethics of PAS is a continually debated topic. The range of arguments in support and opposition of PAS are vast. Justice, compassion, the moral irrelevance of the difference between killing and letting die, individual liberty are many arguments for PAS. The distinction between killing and letting die, sanctity of life, "do no harm" principle of medicine, and the potential for abuse are some of the arguments in favor of making PAS illegal. However, self-determination, and ultimately respect for autonomy are relied on heavily as principle arguments in the PAS issue.
the doctors did not make an ethical diction they did not but Charlies safety first. they simply wanted a convenient test subject for their surgery. On question doctors are supposed to ask themselves before starting is "in sum, how can this patient
Davis J. Anne Diane Marsha and Aroskar A. Mila (2010). Ethical Dilemmas and Nursing Practice. Pearson
The purpose of informed consent is to ensure that patient autonomy is respected in decisions about their healthcare (Susilo, 1). Many people say that the term was first used in 1957. There was a malpractice case with Salgo v. Leland Stanford Jr. The California Supreme Court stated that no patient can submit to a medical intervention without having given “informed consent”.
Ethics refers to the values and customs of a community at a particular point in time. At present, the term ethics is guided by the moral principles that guide our everyday actions. These moral principles guide the researcher into deciding what is ‘right’ or ‘wrong’. The foundation of medical ethics is governed by two philosophical frameworks: deontology, and utilitarianism. However, ultimately, the ethics committees need to balance the risks, and benefits for the participants and the community associated with the particular research proposal.
The delivery of healthcare mandates a lot of difficult decision making for healthcare providers as well as patients. For patients, much of the responsibility is left to them especially when serious health problems occur. This responsibility deals with what treatments could be accepted, what treatments could be continued, and what treatments could be stopped. Overall, it considers what route should be taken in regards to the health interests of the patient. However, there are circumstances in which patients cannot decide for themselves or communicate what they want in terms of their healthcare. This is where the ethical issue concerning who should be responsible for making these important healthcare decisions occur if a patient was to be in this sort of situation. Healthcare providers can play a role in the healthcare decision making as their duty is to act in the best interest of the patient.
Ethics are the basic principles of right and wrong. In the story "Flowers for Algernon," a man named Charlie Gordon has a very low IQ. He is taught in a night school and visits two doctors to see if he can get smarter. He has an operation tested on him that triples his IQ, but the effects wear off and he ends up less smart than he was before the operation. The actions of the doctors were very controversial. Charlie Gordon's doctors did act ethically when they performed the surgery to make him smarter.
The nursing code of ethics has a very standard definition. It is the base on how nurses should guide themselves in conduct by making the right decision regarding ethical issues. According to the National Student Nurses Association “students of nursing have a responsibility to society in learning the academic theory and clinical skills needed to provide nursing care” (2003). In the clinical setting nurses have a lot of responsibilities while caring for an ill patient, they have the obligation to practice their profession with compassion, love, and respect the uniqueness of each patient, as nurses we are not supposed to deny care to a patient because of their economic status, their skin color, race, or the nature of health problems, we are here to help the people in need in particular those of susceptible populations. The NSNA states that the code of conduct is based on an understanding that to practice nursing as a student is an agreement that trust and honesty is depended on us by society. The announcement of the code provided direction for the nursing student in the personal development of an ethical foundation and not limited to the academic or clinical environment but can assist in the holistic development of a person. (National Student Nurses Association, 2003)
In conclusion, obtaining informed consent is a vital part of respect for the patient and safeguarding of self-determination. The consent to participate in research or treatment should be informed, comprehensible, and free of coercion. There is not a clear black and white answer because no matter what is done to assure informed consent there is always a moment of doubt on the end of the patient as to whether what is going to take place is fully understood and their true wishes honored.
Brodtkorb, K., Skisland, A. V., Slettebø, Å., & Skaar, R. (2015). Ethical challenges in care for older patients who resist help. Nursing Ethics, 22(6), 631-641. doi:10.1177/0969733014542672
The Preamble to the Principles of Medical Ethics in the Code states that those Principles “are not laws, but standards of conduct which establish the essentials of honorable behavior for the physician.” The Opinions state the Council’s views on hot social policy issues such as abortion, the allocation of limited medical resources, end of life care, the commercial use of human tissue and genetic information, and fetal tissue transplantation (Todd,