The basic rights of human beings, such as concern for personal dignity, are always of great importance. During illness, however, these rights are extremely vital and must be protected. Therefore, healthcare providers should make an effort to assure that these rights are preserved for their patients. Likewise, health care providers have the right to expect reasonable and responsible behavior on the part of our patients, their relatives, and friends. This is where the patient’s bill of rights comes into play.
The Patient\\'s Bill of Rights was first adopted by the American Hospital Association (AHA) in 1973 and revised in October 1992. Patient rights were developed with the expectation that it would contribute to more effective patient care. It aids the patients and their families to understand their rights and responsibilities (Edge et al, 1998).
In theory, once one understood the right, one should be able to reason out the correlative obligations. Below are two obligations to each of the items found in the patient\\'s bill of rights.
Respect and Dignity.
1. Respect the dignity of the patient by being considerate and caring
2. Do not discriminate based on sex, race or religion, etc.
Identity
1. Hospital staff should wear name badges to identify themselves.
2. Staff members should introduce themselves to you and describe their roles before care is given.
Participation in Treatment Decisions
1. Provide the patients with their treatment option
2. Allow the patient to participate in the treatment options available
Advanced Directive
1. Advice patients of their rights to make informed medical choices, ask if the patient has an advance directive.
2. Honor the wishes of the patient as stated in his/her directive as permitted by law and hospital policy.
Privacy
1. Do not disclose information abo...
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...and regulatory standards. Their broad range of patient care, education, public health, social service, and business functions is essential to the health and well being of their communities. These roles and functions demand that health care organizations conduct themselves in an ethical manner that emphasizes a basic community service orientation and justifies the public trust. The health care institution\\'s mission and values should be embodied in all its programs, services, and activities (Ethical Conduct for Health Care Institutions, 1992).
So although the patient can sue for malpractice, it will be based on laws related to the ethical principles, but not the Ethical Principles themselves. For example, if a patient feels that they were treated differently because of race, they would file a discrimination suit, which is legally sanctioned under other legal legislature. It seems quite complicated, but it is important to recognize the difference between ethics and the law.
Ethical complaints (i.e., the nurse did not treat me with respect) goes before a hospital disciplinary panel, but not before the legal courts.
...the responsibility to exercise the wishing on the behalf the patient. Hospital has the right to enforce the wishes of the individual. Many time family members are so emotional and tried to reverse the patient wishes in court but the court has many times sided with a appointee the appointee has the right to make importance decision in the care of the patients, for example:
Consent is necessary from everyone, not only those who can verbalise his or her needs. It is important to find out the persons communication needs so that they can be involved in discussions around their needs and preferences. My duty of care is to ensure that choices are given, and that appropriate support is obtained where there is lack of capacity is the decision is complex and the individual cannot consent. This may be from families or next of kin or using advocates to ensure that the client’s best interests are maintained. There may be past events or requests that could indicate the client’s preferences, and these must be considered when choices have to be made by others. Any preferences should be recorded on care plans and shared with relevant others to be able to determine the best interests of the person. Decisions should also be put off until the client is able to make their own choices where possible and not taken on their behalf through assuming we know
What are the five key areas of responsibility for healthcare leaders according to the ACHE Code of Ethics?
In this context, new emphasis is being placed on the rights of patients. Recent federal legislation, for example, requires all health care facilities receiving Medicare or Medicaid monies to inform patients of their right to make medical treatment decisions. This includes the right to specify "advance directives," [1] which state what patients wish to be done in case they are no longer able to communicate adequately.
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
Though these legislative guidelines deal with the rights of a patient to refuse current medical treatment, ...
We'll be deliberating two cases from an Ethical point of view so first we need to know the four principal of medical ethics
Not all cases is patient autonomy the most important thing to respect and honor. There will always be situations where Medical paternalism is justified. Justifiable paternalism in a medical perspective is prolonging patients’ lives allowing them to exercise their autonomy. Failing to respect a patient’s treatment requests or denials is a violation of the autonomy at that point in time during their illness. While the previous statement is true, the medical professional is violating a patient’s future autonomy. For this reason, medical professionals have the right to act paternalistically, therefore medical paternalism is justified by means of future autonomy and obligations to promote patient
Justice is a complex principle, it assures that distribution of benefits and resources are fair among all patients. It also ensures equality throughout the hospital. Within the ethics principal Justice, are five conceptualizations, to each; an equal share, according to need, according to effort, according to contribution, according to merit. An example of to each, an equal share would be, if there were four patients in need of a certain type of ankle brace but the hospital only have three that could be used, they could not just give 3 patients and brace and let one go without because that would be injustice. So the doctors would have to order a new brace and wait until all 4 have arrives or the doctors would have to find a different solution for all four patients to be equally benefited. An example of to each, according to need, would be there are 2 patients, one patient is able to walk with a walker and the other patient is able only able to move around in a wheel chair, the doctors would have to decide if it would be more of the a justified beneficial need to get the patient who can use a walker one and a wheelchair for the other
Providing the steps to ethically sound excellent care, healthcare providers must acknowledge first the legal and ethical matters involved with proper investigation and then devise a plan for best possible action recognizing the rights of the patient and its benefits followed by the application of the chosen intervention with positive outcome in mind (Wells, 2007). Delivery of excellent and quality of care at a constant level (NMC, 2008) must be marked in any responsibilities and duties of the care provider to promote exceptional nursing practice. Codes of nursing ethics and legal legislation have addressed almost all the necessary actions in making decisions in consideration to the best interest of the patient. Nurses must make sure that they are all guided by the set standard to lead their action and produce desirable and ethically sound outcomes.
In critical and complicating medical cases, family members often find it tedious to decide as to what mode or procedure of treatment is idyllic for the recovery of their patient. In such cases, well-qualified and medically educated can play a pivotal role in deciding the kind of treatment that should be given to the patient to enhance its recovery. In a contrary situation a nurse may know that administering a particular drug may improve the patient’s condition, but may be refrained from conducting the required action due to doctor’s absence or non-permission. There are numerous cases through which ethical dilemmas in the profession of nursing can be discussed. Nurses in order to remain within the defined boundaries ...
Another huge ethical topic is the patient’s right to choose autonomy in the refusal of life-saving medicine or treatment. This issue affects a nurse’s standards of care and code of ethics. “The nurse owes the patient a duty of care and must act in accordance with this duty at all times, by respecting and supporting the patient’s right to accept or decline treatment” (Volinsky). In order for a patient to be able make these types of decisions they must first be deemed competent. While the choice of patient’s to refuse life-saving treatment may go against nursing ethical codes and beliefs to attempt and coerce them to get treatment is trespass and would conclude in legal action. “….then refusal of these interventions may be regarded as inappropriate, but in the case of a patient with capacity, the patient must have the ultimate authority to decide” (Volinsky). While my values of the worth of life and importance of action may be different than others, as a nurse I have to learn to set that aside and follow all codes of ethics whether I have a dilemma with them or not. Sometimes with ethics there is no right or wrong, but as a nurse we have to figure out where to draw the line in some cases.
A norm in society is when an individual sees danger, they are supposed to report it to the authorities, therefore preventing any further damage. Breach of confidentiality is when a nurse shares information about a patient with others who are not authorized to know about the patient's personal information. Due to this, patients are afraid to be honest with their physicians and nurses that are treating them. In order to assure patients’ confidentiality, health professionals created the patient bill of rights to ensure that patient’s personal information is kept safe from outsiders.
People, however, often confuse what type of right it is. There are several distinct types of rights including: claim, legal, statutory, moral and political. Claim and legal rights are often paired, a claim right relies on others to fulfill duties given to them and are upheld to this by a legal body (Munson, 2012, p. 690). A statutory right are claim rights that are explicitly stated in law (Munson, 2012, p. 690). Healthcare cannot possibly belong in one of these categories, because it is not reliant on other people to fulfill a duty if one gets sick, it does not make sense for someone to be legally forced to assist if one falls ill. Possibly the moral or political rights could encompass healthcare?
The “Patient Bill of Rights” was adopted in 1988 by the U.S. Advisory Commision on Consumer Protection and Quality in the Healthcare Industry to assure and protect patients’ rights. These rights provide the patient with