... Health Care Policy, Law and Ethics Dr. Wendy Whitner February 13, 2011 Ethical Consideration 1. Identify and explain at least three Ethical considerations. “Ethics are the principles of conduct governing and individual or a group; specifically, the standards you use to decide what your conduct should be”(Dressler, 2008, p. 553). The leaders and management team of an organization are selected and expected to exhibit the highest level of ethical values. The Vice President for Health Services is certainly charged with ensuring that ethical practices are adhered. They are responsible for making sure that the decisions, policies, and procedures have an ethical foundation. Their primary focus is to make certain that the organization perform at optimum levels. Ethical consideration pertains to the right or wrong conduct based on morality. “Ethical behavior calls healthcare providers to conduct themselves in a manner that is beyond the demands of what is legal; it also asks them to behave in a manner that is ethical according to the guidelines of their profession” (Riley, 2011, p.1). Ethical principles are important all industries; however, the healthcare industry requires the highest level of ethics because people in this industry deal with situation and circumstances that affect another person’s life (Dogra, 2010). The three ethical consideration observed in the scenario was 1. The candidate revealed his potential disability, 2. The decision...
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... Identify and explain at least three legal considerations When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well. According to (Dictionary.com), negligence is defined as “the failures to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care” (2012). The proximate cause which led to negligence, was Identified when a nurse gave an incorrect medication to a patient who later died. Whether or not the patient died from this malpractice, the hospital was still liable for this tort. In addition, failing to administer proper care to patients directly impacts the patient-physician relationship, which by law can be a breach of contract. Physicians have an implied service agreement that is exercised as soon as they accept to render patients their services. This relationship can also be considered a breach of contract if a healthcare facility fails to give adequate services...
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...University Identify and explain at least three legal considerations. 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 not performing at their peak after already working their own shift; which could result in errors in patient care. The nurse managers should have been proactive and had a plan in place in the event of severe weather such as forming a team of healthcare personnel who were willing to come to work at the beginning of the storm and stay until they could be relieved. This team should consist of a variety of personnel in sufficient numbers to allow for some personnel to rest while others work. Ultimately, it is the responsibility of the hospital to ensure proper personnel coverage regardless of the circumstances. Policies and procedures for handling this type of crisis must be in place and utilized as needed. The second legal consideration in this case is vicarious liability (respondeat...
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...Ethics-HSA515 July 25, 2010 1. Identify and explain at least three legal considerations. In this scenario there were several legal considerations regarding the snow storm and the capacity of the hospital to accommodate those needs. According to the text there would be several factors to consider in regards to the legal concerns of the situation. 1. Whether the patient condition is an emergency and whether the hospital has the staff and facility to treat. 2. Whether the patient has been treated at the facility before. 3. Relates to the hospital ownership and whether it has received federal funds under Hill-Burton Act. (pg. 160) Under these factors being considered there was a great concern of inadequacies of obligations regarding patients due to nature of the incidents. The hospital was not able to accommodate the needs of the patients involved because of inadequate staff coverage especially medical staff coverage. The situation made it very difficult to obtain all the necessary requirements of documentation to view the entire patient’s medical history and thorough review of systems regarding all the patients in the snow storm. The hospital also has an obligation to its staff in regards to their safety as well. Several employees were not able to fulfill their job duties due to the inability to get through the snow storm without causing harm to them as well. In a normal capacity there could be legal decision that would affect the outcome and medical care of the patients...
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...Health Care Policy, Law and Ethics Strayer University April 29, 2012 As the chief executive officer of this non-profit community hospital, I would have to consider the legal, ethical and professional aspects of this case. The first legal consideration is duty of responsibility. In a healthcare organization, management functions begin with the senior administration. This includes the chief executive officer. The responsibilities of senior administration include the following duties: support the governing board in its strategic planning and policymaking activities, carry out the board’s policies and strategic goals, communicate board policies and the strategic plan to employees and the medical staff, oversee day-to-day hospital operations, measure the quality of patient care, manage operating funds, select qualified junior executives, and conduct necessary business transactions. Management must report regularly to the governing board on the status of all of these activities (Showalter, 2008). In this case, it could be suggested that I, as CEO, neglected to adequately oversee day-to-day hospital operations which led to the staffing issues. It should also be asked if I reported the issue to the governing board. The second legal consideration is negligence. A healthcare provider can be held liable for the negligence of others, even though he has not been personally negligent. This is called vicarious liability, and is based on the principle of respondeat...
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...Professional EThics Professional Ethics Legal and ethical issues are frequently encountered in the health care setting and present unique challenges to health care professionals. Practicing nurses need to be knowledgeable with these concepts to ensure patient’s rights. In this paper, the author will describe the relationships between legal and ethical issues. In addition, the author will identify personal values and professional ethics and examine ethical theories and principles. Examples of applications of legal and ethical issues to current practice will also be provided. Relationships Between Legal and Ethical Issues “Ethics is the branch of philosophy concerned with evaluating human action” (Guido, 2010, p. 3). It is based on the principles of right and wrong and provides structure to behaviors and actions. Ethics are closely intertwined with morals and values. Morals are “personal principles that are acquired from life experiences, family and peer relationships, religion, culture, and the law” (Guido, 2010, p. 3). Values are “personal beliefs about the truths and worth of thoughts, objects, or behavior” (Guido, 2010, p. 3). Therefore, ethics are subject to an individual’s personal interpretation. In contrast, laws are rules and regulations established by some authority and enforced by judicial decision (Dictionary.com, 2011). The legal system governs actions and behaviors without regard to personal values, beliefs, and views. Laws are constantly evolving to...
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...For the past two weeks you have worked closely with your nursing staff because they have been expressing “Burn Out” (frustration, dissatisfaction, or lack of interest in a job) as a result of the increase in the number of patients coming to the center who were diagnosed with terminal cancer. Nancy Nurse confided in you that she is particularly saddened about the rapid decline in Mrs. Jones’ health, a 30 year old single mother. She decided that the next time Mrs. Jones comes in for her treatment; she is going to give her an extra dose of a narcotic that could potential end her life. 1. Explain how the patient Bill of Rights applies to this case. The patient bill of rights applies to the case in the patients’ “right to be given by his healthcare providers information concerning diagnosis, planned course of treatment, alternatives, risks and prognosis (Showalter 2008).” It seemed that Nurse Nancy was going to administer the extra dose of a narcotic without Mrs. Jones even knowing it. The scenario does not state that Mrs. Jones was going to be aware of the extra dose that could potentially end her life. This would mean that Mrs. Jones’ patient bill of rights was violated because she was not informed on the planned course of treatment being doubled which could result in the end of her life. Another patient bill of rights that applies to this case is “the right to refuse treatment, except as otherwise provided by law (http://www.aha.org/default.html).” This right is being violated...
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...have a set of clearly stated legal and ethical guidelines? What are the implications for health care? How does this affect the thought that "every person is responsible for his/her own actions"? In this discussion I will attempt to explain why the healthcare industry does not have a set of clearly stated legal and ethical guidelines, what the implications for health care are and how does this affect the thought that "every person is responsible for his/her own actions.". When it comes to the healthcare industry we have to remember that there are many gray areas when it comes to legal and ethical guidelines. Healthcare providers are here to care for the people they are providing healthcare for and every healthcare provider has his or her beliefs on what they may feel is ethical or with in the standards of the law in their practice. On the other hand, the healthcare provider can only does so much as what the patient would like for them to do base on their own personal beliefs and what they believe is ethical. If medical professionals are put in a situation in which hard decisions need to be made, laws and guidelines are set in order to help them make the right decisions. With that being said, this can affect how an individual in the medical profession performs their duties. From an ethical standpoint, it is up to the healthcare professional to asked themselves is what they are doing in order to help their patient if what they are doing is legal, balanced and how it will affect...
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...treatment choices and other aspects of their care. “These rights can be exercised on the patient’s behalf by a designated surrogate or proxy decision maker if the patient if the patient lacks decision making capacity, is legally incompetent or is a minor.”(Aha, 1993) Mrs. Jones, in our scenario, is a patient evidently suffering from a terminal illness possibly in its latter stages, or possibly a fresh diagnosis. In either situation, from the information provided Mrs. Jones has made no declaration, or request, agreement to receiving an extra dose of a narcotic which could potentially end her life. Thus, Nancy nurses’ decision to administer this extra dose is not only capable of killing her, but is also premeditated. There is no consideration to her wishes, those of her family, and a blatant disregard of any other health professionals involved. If you are to be justified in helping someone to die (assisted suicide), the person you are going to ‘help’ must have made it clear that they want to be killed. “A unilateral decision that is in someone else’s best interests that they stop living cannot provide acceptable grounds for killing them, if it did, murder would cease to be a crime.” (Palmer, 2010) Yet, in our scenario, that is actually the case, the decision made by Nancy Nurse that Mrs. Jones’ life was one not worth living….and as far as she was concerned and thus, would take it upon herself to end it. I cannot say...
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...their overall patterns of use are unique because of the easier access to controlled substances in the professional work environment (Tanga, 2011). Patient safety is threatened by nurses who divert drugs, and therefore, these nurses become a liability to their employers. Healthcare facilities share a responsibility with nurse leaders to ensure a secure system is in place that will prevent medication...
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...An Analysis of the Dilemma Before analyzing this dilemma, it is important to distinguish the difference of epileptic and non-epileptic seizures (NES). An epileptic seizure has a sudden onset and is involuntary with a time-limited change in behavior. This includes motor function, autonomic function, sensation, or consciousness and is clearly visible by an abnormal EEG. A psychogenic or NES seizure is a convulsive type of event in which there is an absence of electrographic ictal pattern. Therefore, obtaining an EEG is essential in order to determine an accurate diagnosis (Thompson, Osorio, & Hunter, 2005). The ethical implications of this dilemma are better understood through the use of an ethical decision making model. Burkhardt and Nathaniel (2014) discuss using a five step process, one in which each step can be evaluated as often as needed and adapt to any changes that occur in the situation. These five steps include: articulate the problem, gather data and conflicting moral claims, explore strategies, implement the appropriate strategy, and evaluate the outcome of the action. Articulate the Problem...
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...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 things to be knowledgeable about when pursuing a manager career in HealthCare. For example; knowing the differences between laws and ethics in health care. According to, (Week Three, (2016) Weekly Overview), there are a difference between ethical and legal behaviors. Just because something is legal does not make it ethical. For example, the sale of human organs is legal in some countries, but...
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...Legal and Ethical Considerations in the Implementation of an Electronic Medical Record (EMR) Marcia Stevenson |General Purpose: |The history of EMR | |Specific Purpose: |To learn about the legal and Ethics requirements of an EMR | |Central Idea: |To educate the audience that EMR has been updated to reflect current trends, practices, | | |standards and legal issues | | | | | | | Ethical issues related to electronic health records (EHRs) confront health personnel. Electronic health records create conflict among several ethical principles. Electronic health records may represent beneficence because they are alleged to increase access to health care, improve the quality of care and health, and decrease costs. Research, however, has not consistently demonstrated access for disadvantaged persons, the accuracy of EHRs, their positive effects on productivity, nor decreased...
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...the ethical considerations of this issue? The ethical considerations of this issue, is the responsibility of the hospital to provide all the relevant information concerning access to emergency contraceptives, for rape and sexual assault victims. Brownfield’s defense supports the idea that emergency contraceptives, Plan B, and oral synthetic hormones are the most common form of emergency contraceptives, and this information must be given to the victim upon her request. These contraceptives are called the “morning after pill or plan B”. Question 2: What are the legal considerations of this issue? Some legal considerations are the Principles of Informed Consent. This principle allows a competent individual to advance his or her own welfare. The rights, responsibility are performed freely and willingly to consent, or the refusal of consent based on recommended medical procedures, such as the benefits, burdens and risks involved. Informed consent is based on; (a). Adequate disclosure of information (b). Patient’s freedom of choice (c) Patient’s understanding of information an (d) Patient’s ability for decision making. By meeting these requirements, three necessary conditions are satisfied that is; the individual’s decision is voluntary, the individual is fully aware of the circumstances, the individual’s choice is deliberate in so far as the patient has carefully considered all of the expected benefits, burdens, risk and reasonable alternatives. (“Ethical issues...
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...Advance Directives—research and discuss the legal and ethical basis for Advance Directives such as the Living Will and Durable Power of Attorney for Healthcare. Why are these documents so valuable in healthcare situations? What legal authority do these documents provide for decision making by family and/or healthcare providers? Briefly discuss a situation in which a Living Will might apply and would be of benefit to those involved. Once you have researched and discussed Advance Directives, draft a sample Living Will, indicating the type of content that should be found in such a document. Some students take this opportunity to prepare their own actual Living Will, and that certainly is encouraged. What Are Advance Directives? Advance directives are a written statement, made in advance by a legally competent adult, that appoint someone to make healthcare decisions if a person becomes incapable of making decisions and unable to communicate his or her wishes. Advance directives also provide instructions which define the type of treatment or care a person would want or not want under particular conditions. Doctors, other members of the healthcare team, family members and/or appointed “agents” use these documents to ensure that a person’s preferences are honored in a critical healthcare situation (National Hospice and Palliative Care Organization, 2008). Legal and Ethical Principles Legal Basis It is an accepted legal theory that a legitimately competent person is empowered to...
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