Controversial topics exist in nearly every industry, but perhaps none more dramatic and differentiated than those issues in the Healthcare industry. Legal and ethical dilemmas are constantly present within the Healthcare industry, so it is important to understand the governing laws and that there is an understandable diversity of opinions on these sensitive topics, which can lead to differing opinions about the “right” thing to do in a particular situation (Harris, 2008). One such topic is that of a patient’s right to refuse treatment. The right to refuse medical treatment in the United States of America is typically traced back to the judicial opinions of court cases: Union Pacific Railway Co. v. Botsford, 141 U.S. 250, 251 (1891), which held that all individual’s had the right to possession and control of his person, free from all restraint or interference of others, unless by clear and unquestionable authority of law, and Schloendorff v. Society of New York Hospital, 105 N.E. 92, 93 (N.Y. 1914), which went a step further and stated that a surgeon who performs an operation without patient’s consent commits an assault, for which they are liable in damages (Standler, 2012). There are numerous court cases and various opinions on the topic of a patient’s right to refuse medical treatment, and this type of constant criticism leads to changes in law, the healthcare industry temperament, physician behavior, and patient treatment. Through legal action there has been a precedence
One of the main ethical issues that faces health care is the security of patient information. This information is protected by laws and regulations such as HIPPA, but there are still concerns Scott, et al, 2005). Among those concerns is the new concept of electronic patient records and information. These records are designed to help hospitals and doctors get patient information more quickly, so that patients can receive treatment as soon as possible. Unfortunately, anything kept and transmitted on a computer has the potential to be hacked, so that is a serious concern for patients. Not all patients want their medical records to be available electronically, but they may not have too many options (Romano & Stafford, 2010). Opting out may not be an option for them, and if they do have that option it could reduce the speed and quality of treatment that these patients would receive. Do they want to risk that, just so they can feel as though their medical information is better protected?
According to the U.S Department of Health and Human Services, the Affordable care Act from President Obama gives consumers more options and benefits when seeking coverage from insurance company. It offers lowering cost as well as gets more access to high quality of care. This law creates Patient’s Bill of Rights that is very effective to protect consumers from any abuses or fraud from insurance company. Some preventive services are available to many Americans especially Medicare recipients at no cost. Not just that, they also receive a special offer of 50 percent discount for any well-known drugs in the market place under Medicare named “donut hole.” The Affordable Care Act helps other organizations and programs to convince healthcare providers
As an employee in the healthcare industry, you may be faced with legal and ethical dilemmas. Sometimes laws may put the healthcare worker in a position that may be unethical to perform, in their eyes. There are certain laws that are passed to protect the health care worker as well as the patients. Each healthcare worker must know their rights and responsibilities to the patient and patients must know their rights in accessing the appropriate treatment. I will discuss a few legal and ethical issues regarding the laws concerning conscience clause, respondeat superior, and scope of practice.
Ethics are a set of moral principles that serve as a guiding philosophy for behavior. Consequently it is not a surprise that ethical dilemmas occur daily in the health care setting. Any nurse who refuses to provide care for a patient faces an ethical dilemma (Kuhn, 2012, pp. 412-418). The reasons given for refusal range anywhere from a conflict of personal values to fear of personal risk of injury. Nurses do have the right, at times, to refuse patient care assignments. The decision to accept or reject an assignment must be based upon a judgment by the nurse of the nurse 's ability to provide competent patient care. This paper aims to show both sides of the argument when it comes to nurses refusing a patient assignment. One side believes that nurses has the right to refuse patient assignment, as they must be true to themselves if they want to perform their best on the job. On the other hand, the other side believes that it is the nurse’s responsibility to care for all patients and, therefore nurses cannot simply refuse a patient.
I talked with a couple of mental health professionals within the local area in which I live, I asked each of them form their perspective weather or not they work with insurance companies, what are the advantages of insurance panels, what are the struggles. One of the mental health care professional stated that some of the disadvantage being involved with insurance panels is the enormous amount of paper work that involved that must be prepared. This was one of her most frustration in work with insurance planes other than waiting to paid especially when it come third party payer. Also, the amount of wages which is non-negotiable, because the insurance company set their own pay rates which is considerably less that
Identify and explain two ethical issues/dilemmas in healthcare as identified and discussed in the scholarly literature (ProQuest, EBSCO,
In the Healthcare field there are ethical issues that arise daily. From balancing care quality to determining end of life issues, healthcare professionals are constantly trying to find a place of balance. Healthcare professionals do not have an easy job, they face challenging decisions every single day determining what is best for the patient and the organization. When an ethical dilemma arises within a healthcare organization, ethical decision making can help make an onerous decision easier.
While visiting my mother in the hospital this past weekend, I was a witness to an event that was quite unsettling. A homeless gentleman, who looked to be about 35 years old, was asked to pay $150 upfront for medical services due to his lack of insurance. The man informed the medical assistant that he was homeless and did not have the funds, to which the assistant responded that no services would be rendered without pay and turned the man away. The man stated that he was experiencing continuous chest pains, which could be an early symptom of a more serious condition. However due to his lack of funds and the fact that he was uninsured he was not permitted to be seen by the doctor.
The ethical dilemma I encountered at my placement involves a male in his late-sixties, who has recently suffered a stroke. Mr. A’s situation is unique as he has been unable to speak and his cognitive abilities have declined since. The Fraser Health agency protocol is to contact the patient’s family to determine who would be the temporary substitute decision makers (“Information for temporary substitute,” 2015). The health care consent and care facility admission act describes how decisions are to be made if a patient is determined incapable (Nidus Personal Planning Resource Centre, 2012). The next steps required liaising with the home health team in the community to determine if Mr. A had ever listed any family members as his emergency contacts.
Nurses are constantly challenged by changes which occur in their practice environment and are under the influence of internal or external factors. Due to the increased complexity of the health system, nowadays nurses are faced with ethical and legal decisions and often come across dilemmas regarding patient care. From this perspective a good question to be raised would be whether or not nurses have the necessary background, knowledge and skills to make appropriate legal and ethical decisions. Even though most nursing programs cover the ethical and moral issues in health care, it is questionable if new nurses have the depth of knowledge and understanding of these issues and apply them in their practice
Healthcare professionals will be faced with ethical dilemmas throughout their career, particularly in the hospital environment. Having an education regarding professional healthcare ethics will provide some direction in how to best address these dilemmas at a time when either the patient or their family is in need of making decisions for themselves or their family member. It can be difficult for healthcare professionals to weigh professional protocol against their own personal beliefs and ethical understandings when determining critical care for their patient.
An issue of concern to many healthcare professionals is how much power they have to refuse patients care using conscientious objection as grounds to avoid doing procedures, prescribing medications, or in the pharmacists’ case even simply filling a medication that goes against their personal beliefs or ethical values. This paper is written to defend a moderate stance that healthcare professionals do have the right to use conscientious objection in the instance that something is physically required of the physician to preform that is against their ethical standards but do not have the right in lesser situations. To put it practically, a physician has rights to conscientious objection but perhaps the right is limited in majority of the
It is important that we act in a way that is ethical, legal, and commendable. Medical professionals struggle with healthcare dilemmas that are not experienced by the general public. Medical-ethical decisions have become increasingly complicated with the advancement of medical science and technology. (Fremgen) Just like the government has laws for citizens, not having laws in healthcare would allow people to do anything they want. It is important that we study the ethics and laws of healthcare, because if we were put in a situation it is essential that we know the difference between right and wrong. In the article I found, it talks about a nurse who refuses to give CPR to an older woman who collapsed in a senior residence where she works. This article has many more ethical issues than legal issues.
Everyday, healthcare professionals are faced with ethical dilemmas in their workplace. These ethical dilemmas need to be addressed in order to provide the best care for the patient. Healthcare professionals have to weigh their own personal beliefs, professional beliefs, ethical understandings, and several other factors to decide what the best care for their patient might be. This is illustrated in Mrs. Smith’s case. Mrs. Smith is an 85 year old who has suffered from a large stroke that extends to both of her brains hemispheres which has left her unconscious. She only has some brain stem reflexes and requires a ventilator for support. She is unable to communicate how she wishes to proceed with her healthcare. Mrs. Smith’s children, Sara and Frank have different views regarding their mother’s plan of care. The decision that needs to be made is whether to prolong Mrs. Smith’s life, as Sara would like to do, or stop all treatments and care, as Frank feels his mother would want. In the healthcare field, there are situations similar to this case that happen daily where moral and ethical judgment is necessary to guide the decision that would be best for the patient. The purpose of this paper is to explore and discuss, compare and contrast the personal and professional values, ethical principles, and legal issues regarding Mrs. Smith’s quality of life and further plan of care.
The health care industry continually deals with the lives of individuals and is bound by the ethical and legal aspects that influence decisions of health care professionals in their clinical practice. This essay aims to discuss the various issues and ethical dilemmas that arise with regards to the consent of consumers. In the attempt to explore these points, different literatures are used to shed light on this topic. This paper begins by defining what consent is and the role of nurses or the health care team in being an advocate of the patient when requiring consent. It moves on with the discussion of ethical frameworks, which are recognized nationally and internationally, as these carry significant influences in health care decision-making. The essay also brings out the essence of ethical theories and its relevance to consent giving. It then tackles the similarities and differences of the Code of Ethics and ethical guidelines relevant to both nursing and midwives as both professions work closely in the care of mothers, children and families. Issues and views from experienced professionals in these fields are presented and critically compared. It then considers both ethical and legal aspects, which seeks arguments and rational implications. The last topic points to the social and spiritual factors pertinent to consent that impact the society particularly on the care of patients and concludes by summarising discussed points and arguments about consent.