In the past, consent was never needed to perform a treatment on a person. However, as medicine and science began to advance at a rapid rate, along came hundreds of new machines/procedures that are incorporated into treatments, and the patients must be well informed of what’s going to happen to them before they undergo any type of procedure. Furthermore, the patients have the ability to become more informed on what is occurring to them if they know what kind of condition/disease is affecting them, so they become more biased in the types of treatment that they’ll receive. Sometimes they will feel uncomfortable with some types of procedures and since the patient’s permission to perform any type of treatment is crucial in this day and age, the
In the medical field, there are often situations in which a physician will feel the need to take immediate action to save a patient. However, due to the high risk of lawsuit, physicians should put their instinct aside and not engage in any treatments that were not approved on the patient 's consent form. At many points of a physician 's life, he/she will be forced to make a decision between doing what is morally right to try and potentially save a patient or put their values aside to avoid a malpractice lawsuit. For example, a case that involves a vascular surgeon, Dr. V, who owns his own practice, was sued for
It simply states that they must treat the ill to the best of their ability, provide patient privacy, and to pass on their knowledge to the next generation. This document represents the relationship between medicine and society, which healthcare professionals obligations are to helping their patients, but as time progressed, the contents of the oath do not properly show the physician’s role to society (Cruess, Richard, and Sylvia Cruess). In this day and age, the physician’s obligation isn’t only to the patient now, but to society as a whole. They are expected to meet the expectations that are upheld of them, and to heed the orders of what the patients want due to the “extraordinary advances in medical practice… [that] produced a fundamental change in this long-enduring belief and established an attitude of disclosure”( Green, Douglas, and Ronald MacKenzie). The process of just going to the doctor to receive treatment changed into a person going to the doctor and choosing what treatment that they feel is best suited for them, and if the physician goes against their wishes then it would result in legal matters. Hence, proving that the tradition of medicine has been altered to tend to the patients rather than administering the best possible route of treatment for the
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
Autonomy is a concept found in moral, political, and bioethical reasoning. Inside these connections, it is the limit of a sound individual to make an educated, unpressured decision. Patient autonomy can conflict with clinician autonomy and, in such a clash of values, it is not obvious which should prevail. (Lantos, Matlock & Wendler, 2011). In order to gain informed consent, a patient
Learning from what Dr. Anna Pou had to face with the lawsuits she was dealing with makes me cringe. As Healthcare professionals, having to worry of possibly being sued for believing what is right for the patient or as a whole for the hospitals health is ridiculous. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Often time’s society look at courts cases as a battle versus two oppositions, but Dr. Pou’s case it is not. In her statements from national television she states saying her role was to ‘‘help’’ patients ‘‘through their pain,’’.
According to Terrence F. Ackerman, as of the 1980s the American Medical Association had to include the respect for a person’s autonomy as a principle of medical ethics (Ackerman 14, 1982). This includes having the physician provide all the medical information to the patient even if the information could cause negative implication onto the patient. The physician is also expected to withhold all information of the patient from 3rd parties (Ackerman 14, 1982). Although it is seen as standard in today’s world, in
This module of study has focused on many aspects of human health, anatomy, and the disease process. It has included such topics as the human organ systems, the mechanism of disease and the resulting disruption of homeostasis, the integumentary system, and the musculoskeletal system. The following case studies explore how burn classification will affect treatment, how joint injuries can disrupt mobility, and last, how a sedentary lifestyle can contribute to a decline in a person’s health status. The importance of understanding disease and knowing when to seek treatment is the first step toward enjoying a balanced and healthy life.
Healthcare creates unique dilemmas that must consider the common good of every patient. Medical professionals, on a frequent basis, face situations that require complicated, and at times, difficult decision-making. The medical matters they decide on are often sensitive and critical in regards to patient needs and care. In the Case of Marguerite M and the Angiogram, the medical team in both cases were faced with the critical question of which patient gets the necessary medical care when resources are limited. In like manner, when one patient receives the appropriate care at the expense of another, medical professionals face the possibility of liability and litigation. These medical circumstances place a burden on the healthcare professionals to think and act in the best interest of the patient while still considering the ethical and legal issues they may confront as a result of their choices and actions. Medical ethics and law are always evolving as rapid advances in all areas of healthcare take place.
Miles, S. H. (2005). The Hippocratic oath and the ethics of medicine. Oxford: Oxford University
As a junior in high school, I am considering medicine as a possible career choice. Through my research in this field, I discovered the Hippocratic Oath. The Hippocratic Oath is the most famous of the Hippocratic documents; it has served as an ideal for the professional attitude and ethics of physicians to the present; the historical origin of the oath is so obscure that even the date of its composition is placed from the 6th to the 1st century B.C.
Medical error occurs more than most people realize and when a doctor is found negligent the patient has the right to sue for compensation of their losses. Debates and issues arise when malpractice lawsuits are claimed. If a patient is filing for a medical malpractice case, the l...
Patients are ultimately responsible for their own health and wellbeing and should be held responsible for the consequences of their decisions and actions. All people have the right to refuse treatment even where refusal may result in harm to themselves or in their own death and providers are legally bound to respect their decision. If patients cannot decide for themselves, but have previously decided to refuse treatment while still competent, their decision is legally binding. Where a patient's views are not known, the doctor has a responsibility to make a decision, but should consult other healthcare professionals and people close to the patient.
Alan Goldman argues that medical paternalism is unjustified except in very rare cases. He states that disregarding patient autonomy, forcing patients to undergo procedures, and withholding important information regarding diagnoses and medical procedures is morally wrong. Goldman argues that it is more important to allow patients to have the ability to make autonomous decisions with their health and what treatment options if any they want to pursue. He argues that medical professionals must respect patient autonomy regardless of the results that may or may not be beneficial to a patient’s health. I will both offer an objection and support Goldman’s argument. I will
The Hippocratic Oath was the example for medical etiquette for centuries and endures in modified form today. There is some uncertainty about when it was composed, the purposed for which it was intended, and the historical forces which shaped the document. It is said to have been written in the fifth century B.C. It's principles have slightly changed, if at all, regardless of the place and time, social systems, or religious beliefs. It is the basis for graduates of medical schools and the health professions all over the world.
In Hippocrates’ Oath, he states that he will pass his knowledge of medicine on to those who seek to enter the “Art” and to use his knowledge in order to help those who suffer from a sickness and when doing so, he will not bend to corruption or bribery. It can be believed that his Oath is still relevant in today’s medical field because the main points of the Oath can and are applied in the modern day. Hippocrates’ main point in the Oath is to only use medicine to help those who need it and to not partake in any actions that are dangerous to their clients. Many doctors believe it is for their best interest to do what by all means necessary for the patient. For example, society believes that it is not very kind to judge someone based on their body image. Nowadays, people promote that not everyone needs to be a size two, but rather enjoy the body they’ve been given. Doctors may see society’s view on supporting obesity as a way to avoid serious
Healthcare is considered of one of the most complex business models in the American Industry because it is one of the only industries where the consumer actually does not technically pay for the service he or she receives (Kudyba, 2010, p. 2). When consumers go to nail salons or hair salons, he or she pays the beautician for the specific service he or she asks for. In the healthcare industry it is totally different and most consumers do not understand the complexity of this business model. The consumer actually pays insurance companies and the insurance companies pay the provider/hospital based on negotiation arrangements from the data exchanges they receive (Kudyba, 2010, p. 2).
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...