...DQ 1 1. In the Moore case, a dissented judge wrote: “one searches…in vain for a description of “unprofessional conduct” even in general terms. Herein lies the difficulty with the instant matter. A hospital should not be permitted to adopt standards for the exclusion of doctors which are so vague and ambiguous as to provide a substantial danger of arbitrary discrimination in their application. “Do you believe the author of that opinion would dissent in the Leach case as well? Why or why not? Both cases are different and based on the information provide a lot was left assumed. Moore was terminated by the Board due to unprofessional actions not utilizing sterile products “gloves”. There was nothing else mentioned regarding Moore. No other expert witnesses addressing Moore ability to perform, physical ailments, or mental condition referenced. The judge’s decision was clearly based on no sufficient supporting evidence. Moore could have been reprimanded at the hospital level for failing to follow standard operating procedures as a first time offense. However performing a surgery without sterilization can use patient harm or death. “Unprofessional conduct” from the hospitals definition needed to be reviewed by HR and clarified to all. In Leach’s case his continuous behavior prompted suspension of duties/licenses and approval by the staff and Board. There are processing in place to proving “unprofessional conduct” that provides several options to hospitals (i.e. documenting behavior...
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...Law and Ethics in Health Care Laws and ethical principles are essential for protecting the mankind, and they play a crucial role in the practice of health care. Laws and ethics play a vital role in cases such as organ donation, human genetics, and HIV/AIDS and confidentiality. The health care issue I selected for discussion is HIV/AIDS. In the case of HIV/AIDS patients, there is always ethical conflict of protecting the confidentiality of patient and disclosing the information to others about the risks of the disease. Salient Ethical and Legal Concerns Associated with HIV/AIDS As described by Pozgar (2013) one of the legal issues is the association between blood transfusion and HIV. Law suits often arise when a person with AIDA claims that he or she contracted the disease due to the administration of contaminated blood (Pozgar, 2013). Lawsuits commonly arise when there is transfusion of mismatched blood, improper screening, and improper storage procedures (Pozgar, 2013). Since May 1985, all blood donated in the United States are screened for HIV antibodies and even then patient’s may claim that they contracted the disease due to transfusion. Another legal and ethical issue is whether to allow the AIDS infected surgeons to perform surgeries. Pozgar (2013) described that the transmission of the virus from an infected surgeon to a patient is unlikely, but there is still a possibility. There is an ethical dilemma whether to allow these surgeons to perform surgeries...
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...In today’s health care, there are laws set in place to protect the well-being and best interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly influences Health Care Professionals. Tort Law Defined Tort Law can be defined as the civil wrongdoing against a person. Tort warrants claimants to seek restitution for their alleged disservice for bodily harm, effects, or character. In order to file a tort claim, the claim has to be factual or true by the party that suffered the disservice. Medical personnel and facilities can receive jail time and/or malpractice claims if found guilty of such negligence as described in the tort claim. According the Congressional Budget Office (2006), “The system has twin objectives: deterring negligent behavior on the part of providers and compensating claimants for losses (including medical costs, lost wages, and pain and suffering) they incur as the result of an injury that occurs because of negligence” (http://www.cbo.gov/ftpdocs/71xx/doc7174/04-28-MedicalMalpractice.pdf ). Torts can be divided into categories, such as negligence and intentional torts. Negligence is the most common tort...
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...principles. 1.3 Describe problem-solving methodologies. Readings Read Ch. 1 of Health Care Ethics. Read Ch. 1 & 2 of Medical Law and Ethics. Read this week’s Electronic Reserve Readings. Read the Week One Read Me First. Participation Participate in class discussion. 4/10/2014 1 Discussion Questions Respond to weekly discussion questions. 4/10/2014 1 Nongraded Activities and Preparation Ethics Case Study Begin working on the Ethics Case Study due in Week Two. Learning Team Instructions Begin working on the Code of Ethics Paper due in Week Three. Review the Week One objectives and discuss additional insights and questions that may have arisen Individual Health Care Ethics Matching Exercise Complete the Health Care Ethics Matching Exercise, located on your student website. Match keywords commonly used in health care ethics to the definitions on the page. Discuss the exercise in class and turn in your answer sheet to your facilitator. 4/10/2014 15 Week Two: Application of Ethics Within Individual Organizations Details Due Points Objectives 2.1 Describe ethical principles used in health care organizations. 2.2 Explain the relationship between an organization’s culture and ethical decision-making. 2.3 Recognize the role and importance of ethical values within an organization. Readings Read Ch. 3 & 5 of Health Care Ethics. Read Ch. 8 of Medical Law and Ethics. Read this week’s Electronic Reserve Readings. Read the Week Two Read Me First...
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...ad Administrative Ethics HCS/335 Health Care Ethics and Social Responsibility February 22, 2015 William Bross Administrative Ethics When it comes to administrative ethics in the health care field, this is where ethics issues are being dealt with on a constant basis. The hard part is of keeping the ethical line between what is right and legal is not an easy thing to figure out. In this article, it talks about patients' confidentiality, and in this article it is about critical care providers are often privy to confidential information in the course of the clinic. The dilemma can arise when confidential information is requested by family members or friends of the patient. The Critical care nurses must be aware of the regulations regarding confidentiality, as well as situations where the use and disclosure of protected health information are permitted. (Critical Care Nurse.2012;32[5]:61-65) This is where the critical care nurses must take the Health Insurance Portability Accountability Act (HIPAA) laws on how important they are in the health care field, and to make sure that use the line between what is right with the confidentiality for their patients. When it comes to the health care field there are privacy and confidentiality that needs to be enforced to the areas where it comes patient privacy and confidentiality. However, in this paper the legal and ethical issues that arise from both sides, when each party is bound by separate laws, as well as what happens...
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...My law and ethics understanding and beliefs In 1847 the American Medical Association revolutionized medicine in the United States. Members of this newly formed organization, met in Philadelphia as the first national professional medical organization in the world, dedicated themselves to establishing uniform standards for professional education, training, and conduct. They unanimously adopted the world's first national code of professional ethics in medicine. For more than 160 years since, the AMA's Code of Medical Ethics has been the authoritative ethics guide for practicing physicians. Ethics in Hand are pocket-sized guides to the Code of Medical Ethics for physicians and medical students. The Code articulates the enduring values of medicine as a profession. As a statement of the values to which physicians commit themselves individually and collectively, the Code is a touchstone for medicine as a professional community. It defines medicine’s integrity and the source of the profession’s authority to self-regulate. At the same time, the Code of Medical Ethics is a living document, evolving as changes in medicine and the delivery of health care raise new questions about how the profession's core values apply in physicians' day to day practice. The Code links theory and practice, ethical principles and real world dilemmas in the care of patients. The next time you hear a monotheist tell a non-believer that morals come from the Bible or that moral reasoning cannot provide an...
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...Stakeholder Influence 67% 123 Ethical Differences 100% 456 Rules of Ethical Decision Making 100% 789 Laws Affecting Business Commerce 100% 101112 Laws Affecting Business Occupation 100% 131415 Laws Affecting Business Organization 100% 161718 Concept: Stakeholder Influence Mastery 67% Questions 123 Materials on the concept: Stakeholders and Business Ethics 1. Which of the following people or groups supply a company with productive resources and are affected by the way a company does business? A. Stakeholders B. Customers C. Employees D. Managers Correct : “Stakeholders (are) people or groups of people who supply a company with its productive resources and thereby have an interest in how the company behaves” (Jones, 2007, p. 144). Materials Stakeholders and Business Ethics 2. Who has a claim on a company because they own shares? A. Employees B. Stockholders C. Customers D. Managers Correct : Stockholders own shares (stock) of a company; therefore, they have a claim on the company’s profits in the form of dividends. Materials Stakeholders and Business Ethics 3. Important issues can arise concerning how and when payments are made to this group of stakeholders? A. Stockholders B. Customers C. Employees D. Suppliers and distributors Incorrect : Many issues are dependent on business ethics, one of which is making sure that suppliers and distributers get paid in a timely manner for the inputs they...
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...Ethics in Healthcare Jessica Christian Medicolegal and Ethical Issues 2/3/13 According to our book, Health Care Ethics, ethics is the branch of philosophy that seeks to determine how human actions may be judged right or wrong (p.1). Also the study of ethics is a branch of philosophy that implies that the human mind is the fundamental means by which actions may be judged. According to Google the definition of ethics is the moral principles that govern a person’s or group’s behavior or the moral correctness of specified conduct. If I were to define ethics according to what I believe, I would have to say that ethics are honesty, respect, fairness and consideration. To be ethical means to take every single aspect into consideration and to be fair in making decisions, especially when you are involving another human being. Another way of being ethical is respecting someone’s rights and doing what is right for them based on their situation. Ethics are different in every society, for example, “Whistle blowing”, pointing out peer who are doing wrong is normal in America and there are even hotlines set up in the workplace to call. Although in France it is considered to be a bad thing to single your peers and it is frowned upon by many. According to the website www.ucl.ac.uk, Ethics in healthcare deals with the choices we make and our actions in relation to those choices. It deals with the choices made by both clinicians and patients and the duties and obligations of clinicians...
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...Health Care Reform highlights many important issues of ethics. Recently adopted Patient Protection and Affordable Care Act (PPACA) in 2010 caused a debate on ethical issues (acep.org). The changes and proposed changes associated with this law increase the complexity of both patient care and larger healthcare system. Because of this law, health care will receive even more scrunity and must provide high-quality, patient-centered, research-based care with fewer or different types of resources. PPACA is widely recognized as the most important part of health care legislation since the creation of Medicare and Medicaid nearly half a century ago. Perhaps because it is such a radical change in the health care, US Congress debate over PPACA was protracted...
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...Ethics E-Mail Carolyn Butler The Managerial Environment of Health Care HCS/265 April 18, 2016 The University of Phoenix Send to: Oleathia King@bellsouth.net Subject: Types of Laws and Ethical Issues. Dear. Oleathia It has come to my attention that you are wanting to pursue a manager career in HealthCare. Which I have founded myself working in the healthcare industry for more than 20 years, to be an amazing career. Not only will you earn a good salary. You will enjoy job security. You will be doing the kind of work that interests you. You can live and work anywhere you want because, hospitals and other types of healthcare facilities are in almost every region of the United States. You can find a health career that fits your educational plans, you can learn hand on experience, you will have a clear path to advancement, not only do you get to work with people that are sick or dying you get to make a difference in their lives. The healthcare industry has many scholarships, financial aid programs, grants and student loans that can help you pay for going back school also. However, Otheathia, these are some of the benefit in pursuing a manager career in HealthCare. But there are other...
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...Ethics Case Analysis Guiseppina Saieva July 2, 2013 Ethics Case Analysis Ethics is the branch of philosophy that deals with morality and the distinctions between right and wrong (Soskolne & Sieswerda, 2002). Autonomy is a person's right to make their own decisions. Both ethics and autonomy are very important in healthcare and situations regarding the public's health. Public health must balance the public good with the good of individuals (Soskolne & Sieswerda, 2002). Thinking as a healthcare practitioner, in my opinion, Mr. Speaker only thought about himself and not others when he made the choice to fly via public transportation knowing he had a contagious disease that was unable to be treated. Mr. Speaker does have the right to make his own decisions but I do not feel while doing so he should be able to put the public in harm. He was told that his disease was contagious and could not be treated but he still put the public at risk of catching the disease. In my opinion this in inhumane and he should be punished for his action's, even though at the end, he found out he had a treatable disease, when he exposed his self to the public he was still under the impression that his disease was contagious and unable to be treated. Knowing that Mr. speaker was still willing to put the public at harm his autonomy as a person should not have taken precedence over the CDC's desire to enforce the public health law. Just like Mr. Speaker's autonomy gives...
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...Week Two: Application of Ethics Within Individual Organizations | | Details | Due | Points | Objectives | 1 2.1 Describe ethical principles used in health care organizations. 2.2 Explain the relationship between an organization’s culture and ethical decision-making. 2.3 Recognize the role and importance of ethical values within an organization. | | | Readings | Read Ch. 3 & 5 of Health Care Ethics. Read Ch. 8 of Medical Law and Ethics. Read this week’s Electronic Reserve Readings.Read the Week Two Read Me First. | | | Participation | Participate in class discussion. | 4 of 7 days/wk | 1 | Discussion Questions | Respond to weekly discussion questions. | DQ 1: Day 2 (June 6, 2012) DQ 2: Day 4 (June 8, 2012) | 1 | Learning Team Instructions | Continue working on the Code of Ethics Paper due in Week Three. Review the Week Two objectives and discuss additional insights and questions that may have arisen. | | | Individual Ethics Case Study | Resource: Ethics Case Study Grading Criteria on your student website Read the case study in Ch. 4 of Medical Law and Ethics that begins, “Jerry McCall is Dr. William’s office assistant.” Prepare a 700- to 1050-word paper in which you answer the following questions: Does Jerry’s medical training qualify him to issue this refill order? Why or why not? * Would it make a difference if the medication requested were for control of high blood pressure that...
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...Ethics Case Study Tina Marie Gaddie HCS 335 Edna Wilkerson June 20,2011 Ethics Case Study It is important to understand that in this case, valium is not an anti-depressant because it can actually cause or worsen the patient’s depression. Another issue to understand is that Jerry does not have any authority to provide medical prescriptions. According to medical law and ethics, the doctors or other authorizing people such as PA or LNP must approve all medication refills. What Jerry could do is to call Dr. Williams and inform him on what his client wants because doctors carry their cell phones because they are aware they might be needed in the office at any time. In case, Jerry will get approval from Dr. Williams, then he will go ahead and issue this refill order. In case, he will issue without consultation of Dr. Williams, then he will be in big trouble because it is against medical laws. Does Jerry’s medical training qualify him to issue this refill order? Why or why not? Actually, Jerry’s medical training does not qualify him to issue this refill order because he is not qualified to issue out the valium prescription. Being both assistant medical and LNP, means that he is not qualified to issue refill order. This is because it is not his work but the work of medical doctors who qualify to issue this refill. Even though Jerry may call Dr. Williams, it may be hard to be given prescription because there is what we call informed consent in medical ethics (Hall and Bobinski...
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...summarize what you perceive to be the top five ethical issues challenging health care delivery today? What I perceive to be the top five ethical issues challenging health care delivery today are the following: * Avoiding conflicts of interest * Balancing profits with quality of care * Equal treatment of all patients * Managing decision making capacity of the elderly and very young patients * Addressing nurses moral distress when providing care with minimal benefits The ethical philosophies and principles that would summarize these issues for me would be a combination of the Natural Law ethical theory, and the Utilitarianism ethical theory. These theories would summarize the top five ethical issues I perceive to be a challenge in health care today. Describe at least two ethical principles discussed in this week's reading material. Apply those principles to two examples of ethical challenges that exist in the delivery of health care today. Do these principles assist in overcoming the challenge or do they create more of an ethical dilemma? Why? Natural Law Ethical Theory- This principle of ethics is defined as the position that rational reflection on nature, will yield principles of good and bad that can guide human action toward fulfillment or flourishing. Utilitarianism- This principle of ethics is defined as acting so as to do the greatest good for the greatest number. Today's health care field faces many ethical challenges. One ethical challenge that healthcare...
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...current as new laws and regulations emerge, and watch for issues that need attention. Law and Ethics in Information Security As individuals we elect to trade some aspects of personal freedom for social order. Laws are rules adopted for determining expected behavior in modern society and are drawn from ethics, which define socially acceptable behaviors. Ethics in turn are based on cultural mores: fixed moral attitudes or customs of a particular group. Some ethics are recognized as universal among cultures. Slides 9 Types of Law Civil law represents a wide variety of laws that are recorded in volumes of legal “code” available for review by the average citizen. Criminal law addresses violations harmful to society and is actively enforced through prosecution by the state. Tort law allows individuals to seek recourse against others in the event of personal, physical, or financial injury. Private law regulates the relationship between the individual and the organization, and encompasses family law, commercial law, and labor law. Public law regulates the structure and administration of government agencies and their relationships with citizens, employees, and other governments, providing careful checks and balances. Examples of public law include criminal, administrative, and constitutional law. Slide 11 Relevant U.S. Laws - General Computer Crime Laws The Computer Fraud and Abuse Act of 1986 is the cornerstone of many computer-related federal laws and enforcement...
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