Ethical Dilemmas In Home Care

As more and more elderly Americans choose to spend their later years in assisted living facilities, FRONTLINE and ProPublica examine whether this loosely regulated, multi-billion dollar industry is putting seniors at risk? Their film “Life and Death in Assisted Living” depicts different phenomenons that occurs in assisted living that America is unaware of. A testimony provided in the film describes assisted living as being “a rock that you don’t want to look under” because of the unspoken neglect and abuse of the residents in the facilities. This film focuses on the investigation and evaluation of the care provided by Emeritus’ assisted living facilities. It provides viewers with information on what makes assisted living unique, the qualifications

Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to

For decades doctors have been revered, respected, and regarded as “saviors,” but what medical practitioners and health officials do not reveal is that there are some doctors that are unlawfully practicing medicine, and nothing is being done to stop them. Medical malpractice is the illegal or improper practice of medicine. Unfortunately, this is far too common. The people that are victims of malpractice often get no compensation for the problems a physician has created. Although doctors are trusted individuals and have a right to provide medical advice, perform surgeries, and prescribe medicine, patients should also be able to have more control and security in their medical dealings through new laws and regulations.

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

SC placed call to Pa and CG Annette on 01/5/16. SC asked Antoinette about her employment status with provider to be Sweet Home Health Care and she reported that she was still waiting to hear from the provider. SC informed Annette that it has been over 60 days since Pa’s was approved for service and has not us it. SC asked how Pa’s personal need is are being met and Antoinette reports that she is proving care to Pa. Annette said she did everything and is waiting for the agency. SC end call with Antoinette and placed call to agency. SC got the agency answering service and left detail message, identifying self, Pa, stated reason for calling, and contact informant.

The first legal consideration in this case is related to corporate liability. The hospital itself is negligent under this doctrine. Corporate negligence is the failure to provide the equipment, facilities, and staff to carry out the duties of the corporation in accordance with the established standard of conduct (Showalter, 2007). Corporate negligence is evident in this case in regard to the failure to ensure that sufficient healthcare personnel were available to provide the established standard of care to the patients in the facility. Moreover, the personnel that were required to remain at the hospital from the day shift were likely

Anyone who has ever worked in a long term care facility will tell you that at times it can be very difficult. Working with individuals who are suffering from dementia and other kinds of cognitive impairment that come with age can be emotionally draining. We know that this is not the way that it is supposed to be. These individual are a fathers, mothers, and friends who had rich incredible lives. Now they have lost the ability to care for themselves and at times are not even able to recognize the one that they love. The inability to express their thoughts and feelings in a way that others can understand and connect with them leads to a great deal of frustration. The feeling of not being in control of their own lives leads to agitation. At one

The balance between providing high-quality medical care and running a profitable business is a constant battle in the medical community. Thirty years ago, less than two percent of physicians changed jobs during their career. Today, approximately ten percent of physicians change jobs on an annual basis. As physician mobility begins to rise, the medical community’s need to protect its business interest become increasingly necessary. Physician restrictive covenants, or covenant not to compete provisions, have gradually become the prominent tool in order to facilitate that protection. As such, it is important to note and analyze the significant impact that enforcement of these restrictive covenants has not only on the business and the physician individually, but on third parties such as the community and the public at large. This paper will provide a brief outline the history of restrictive covenants, detail the application of those restrictive covenants in the healthcare context, and finally analyze the effects that judicial enforcement of those restrictive covenants has on the physician-patient relationship, the patient’s right to choose, and medically underserved areas.

The health and well-being of society is ultimately impacted by the integrity of scientific records, such as the value, accuracy, and completeness (Horner & Minifie, 2011). As a result, researchers are obligated and entrusted to use the highest standards possible when proposing, reviewing, performing, or reporting research (Horner & Minifie, 2011). Consequently, there may be ethical concerns for a variety of different research topics and/or types of research. The purpose of this paper is to prepare an ethics paper for the intended research topic regarding elder abuse in nursing homes.

Malpractice is the failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. Though accountants, lawyers, and other professionals can be charged with malpractice, the term is most commonly associated with medical professionals (e.g., doctors, nurses, hospital technicians.) Liability in malpractice depends on whether "a physician meets a legally required standard of care" (Greenberg 2011). Most medical malpractice suits are for negligence on the part of medical professionals in providing this expected level of care. In recent decades, partially as a consequence of medical costs, there has been a considerable expansion of medical malpractice suits, though the number of malpractice claims represents only a small percentage (about 3%) of all cases of actual negligence. State tort provisions do "influence litigation risk and malpractice insurance is used to mitigate this risk" (Linville 2011).

There is a line however that can be crossed when negligence then becomes a criminal conduct. To cross the line from civil to criminal negligence there has to be a gross deviation from the standard of care. This is where the importance of the standard of care comes into play, this is where the jury finds that the physician could be held under negligence. The American Medical Association has a strong values against negligence, although they are opposed to the prosecution of that negligence, the AMA however concedes that the recklessness in conduct should be criminally culpable. When it comes to criminal negligence, civil liability is met, in this case the claim allows the patient to receive compensation for their injuries and it also gives the physician the chance to remodel their standards of care without having to face the penalties of a prison term (London Amburn Attorneys at Law,

Work ethics in a long term care facility is important because when employed, your co-workers and supervisors need to know that they can count on you to do your job well.

In the administration of medical services in the United States law and regulation now control much of professional life. (p. 586)

According to Showalter (2015), medical malpractice is a form of negligence and negligence is a sub-category of torts that fall under civil law (p. 104). Some cases brought against healthcare providers fall under the category of intentional torts or breach of contract. However, this paper will focus on negligence cases and how elements of a contract establish a duty of care. Brodnick, Rinehart-Thompson & Reynolds (2017) state, “Medical malpractice and negligence are often used interchangeably because negligence is the basis for most (but not all) medical malpractice lawsuits”. As further

I believe in the quality of life over the sanctity of life. So I found that as a contractarian, all three cases were morally permissible.