...case of Marianne who has had a stroke and the decisions that the family is facing for treatment or end of life care. The legal and ethical issues in a malpractice case that occurred several years ago and the responsibility of the nurse to her employer, the nurse being sued, the client in question, and the institution’s client will be reviewed. The areas that will be reviewed include how the American Nurses Association Code of Ethics would influence a final decision in each case study, how personal and societal values can influence the ethical decision making, the fundamental legal aspects of each case study, and the legal responsibility of the nurse in the work setting. The ANA code of Ethics must be followed in practice and is an especially useful tool when there are difficult legal and ethical issues that arise in nursing practice. In the example of the malpractice case for negligence, as a witness to questionable practice, it is the nurse’s primary responsibility to protect the safety of the patient. Although the nurse was correct in reporting the episode to administration, she also had a duty to counsel the nurse about the inappropriate standard of care. The ANA is clear that when a nurse is aware of questionable practice the person must be confronted with the concern ("Code Of Ethics for Nurses With Interpretive Statements", 2010). Furthermore, if the nurse was asked at if she had witnessed additional acts of negligence, it would be her legal duty to answer truthfully...
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...Running Head: ADMINISTRATIVE ETHICS PAPER Administrative Ethics Paper Rosa Greer Axia College of University of Phoenix Administrative Ethics Paper Administrative ethical issues occur in health care today such as patient privacy, confidentiality or HIPAA. It is best to resolve this type of issue because patient privacy in health care is very important. These policies are designed to protect the rights of patients by making sure personal information of the patient is not disclosed in any way. Protecting a patient’s privacy by way of disclosing personal information and is not to be released without personal formal consent. Also, of employees discussing patient information on the job to people with no knowledge of the patient or even off the job. Many health care organizations enforce privacy policies such as HIPAA and confidentiality although all employees do not abide by such policies. It is being found that more frequently that people from these health care organizations are breaking these policies and their must be changes to provide patients with protection. Administrative ethical issues of the HIPAA Policy within health care organizations must make necessary changes to appropriately protect the rights of patients. The issue at hand is that of health care organizations properly protecting the rights of their patients. The article that will be discussed in this paper is that of OCR issues proposed Modifications to HIPAA Privacy and Security settings (Frank Irving...
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...Ethical and Legal Issues in Nursing NUR/391 Ethical and Legal Issues in Nursing As nurses, it is our duty to advocate for our patients. At times, we are faced with personal and professional challenges that impact how and when we chose to advocate. It is imperative we have a healthy awareness of these potential challenges. Improvements in health care technology have provided patients with an array of treatment options as well as assumed or possible increased chance of survival. As a result, nurses are met with a rise in ethical decision making. This paper will discuss the legal, ethical, social, and personal factors that can impact our decision making process, with the focus on two specific case studies. American Nurses Association Code of Nursing Ethics Role in Practice The American Nursing Association (ANA) has created a set of ethical standards for the profession of nursing to abide by, which is entitled the ANA Nursing Code of Ethics. The ANA Code of Ethics states that collaboration is central to the care nurses deliver and to their ethical commitment to the patient (Garity, 2005). In the end-of-life case study, the nurse (she) has an unwritten obligation to the patient; the family appears to be in conflict with how to proceed with the patient's medical treatment. The medical team has an obligation to give the family all of their options and possible outcomes. If the family remains in conflict, it would then be appropriate for her to refer the family to...
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...Nurses face various ethical and legal issues in the medical setting. As professionals, nurses must be aware of these legal and ethical issues when they occur. Nurses have a legal and ethical obligation to respond to these issues. Being a professional nurse requires a nurse to assess the pros and cons of different situations, but also to withhold their personal beliefs and listen and respect the beliefs and traditions of others. Legally Nursing implications require nurses to maintain licensure, obey state and federal laws and to remain within their scope of practice. Within these legal and ethical issues the American Association Code of Nursing ethics, personal and societal values, legal aspects and legal responsibilities all affect decisions. Two different cases will be discussed and explored; an advance directive case involving a woman by the name of Marianne, and a malpractice case involving a nurse and the involved healthcare organization. The American Nurses Association Code of Nursing Ethics can influence the final decision made in the case study involving Marianne’s family by designating a surrogate. According to "American Nurses Association" (2011), “The nurse supports patients self-determination by participating in discussions with surrogates, providing guidance, referral to other resources as necessary, and identifying and addressing problems in the decision-making process” (1.4). In the case study involving malpractice, the nurse being called upon as a witness, has...
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...standards and competencies. However, thanks to the American Nurses Association, standards and competencies have been adopted, stating that all registered nurses regardless of role, population, or specialty are expected to perform competently (ANA, 2010, p. 2). The 2004 Scope and Standards were revised in 2010 secondary to the change in dynamics of the nursing profession. The current 2010 Scope and Standards (1-16) are thoroughly stated, leaving those reading minimal occasion for misinterpretation, in comparison to the 2004 Scope and Standards (1-15). For example, the 2010 Standard 1. Assessment, specifically states the competencies in collecting data, recognizing the impact of personal attitudes values and beliefs, and the fact that the health care consumer’s care preferences is to be honored because they have the authority over their health. The 2004 Scope and Standard 1. Assessment, gives very general authoritative statements. It never highlights the attitudes, values and beliefs of the nurse and the impact it has on the health care consumer or the fact that the health care consumer has the authority over their health and the nurse has to honor their preferences (ANA, 2010, pp. 32-33, 119). The 2010 Standard 7. Ethics competencies states that that the registered nurse will practice ethically, clearly stating that the nurse will “take appropriate action regarding instances of illegal, unethical, or inappropriate behavior that can endanger or jeopardize the best interests of the...
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...ram4577X_ch03.qxd 4/16/04 11:50 Page 37 Legal and Ethical Issues in Medical Practice, Including HIPAA AREAS OF COMPETENCE 2003 Role Delineation Study CLINICAL Fundamental Principles ɀ Apply principles of aseptic technique and infection control ɀ Comply with quality assurance practices Patient Care ɀ Coordinate patient care information with other health-care providers GENERAL Legal Concepts ɀ Perform within legal and ethical boundaries ɀ Prepare and maintain medical records ɀ Document accurately ɀ Follow employer’s established policies dealing with the health-care contract ɀ Implement and maintain federal and state health-care legislation and regulations ɀ Comply with established risk management and safety procedures ɀ Recognize professional credentialing criteria CHAPTER OUTLINE ɀ ɀ ɀ ɀ Medical Law and Ethics OSHA Regulations Quality Control and Assurance Code of Ethics ɀ HIPAA ɀ Confidentiality Issues and Mandatory Disclosure OBJECTIVES After completing Chapter 3, you will be able to: 3.1 Define ethics, bioethics, and law. 3.2 Discuss the measures a medical practice must take to avoid malpractice claims. 3.3 Describe OSHA requirements for a medical office. KEY TERMS abandonment agent arbitration assault authorization battery bioethics breach of contract civil law contract crime criminal law defamation disclosure durable power of attorney electronic transaction record ethics expressed contract felony fraud ...
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...Legal and Ethical Consideration in Healthcare A1. Addendum Addendum: Access to Information: Shadow Chart Policies Shadow charts are used to gather information for ancillary department that need to access some of part of a patients file. All informations in shadow charts should be copies and all original records should always remain in the patients primary chart. The patients main chart must contain the most up to date information and be available to any department that may need access to it. To accomplish this ancillary departments use shadow charts that contain copies of any information they may need. Shadow charts should be maintains with the same safety and security as a primary chart and must be kept in locked files with access limited to authorized personnel. A2. Information Technology Staff It is the responsibility of Information Technology (IT) staff to educate the clinical staff on ways to diminish security breaches by securing their workstations when they are not being used. Teaching clinical staff the importance of not sharing passwords and securing stations will greatly help security. The IT staff could use a power point to explain the policy to staff along with the disciplinary policy for violation of company policy or the HIPAA Privacy Act. Criminal Liability Montana Code 41-1-402 states that a minor can consent to treatment if it is an emergency situation and the guardian is unavailable...
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...Ethical theories serve as a significant foundation for understanding moral dilemmas that linger throughout society. Nevertheless, ethical dilemmas in the real world can become highly complex, causing the different ethical theories to disperse in interpretation. The complexity of these dilemmas is precisely exhibited in the medical world- a world that showcases the immense “grey” area of morality and ethics. In essence, the following case studies illustrate how these theories can be manipulated to either justify or condemn moral dilemmas that arise in the medical world. Case Study #1: “But, Doctor, Our Daughter Didn’t Want This!” In the state of Kansas, a married couple, Janet and Jack, experienced the merciless and brutal facet of life. The married couple was expecting a child and one day as they were driving home from an ob-gyn appointment, a distracted elderly driver ran a red light and crashed into their car. The accident resulted in the death...
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...without a clue how to make the financial obligations. This is something thousands of people without medical coverage face on a daily basis. Should I go to the doctor? Should I call the ambulance? How will I pay for any extra bills? Sadly many Americans must make a horrible costly choice, to put food on the table or pay for medicines and doctor bills....
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...the most complicated element of negligence. It means that the plaintiff must prove that the defendant either directly or indirectly caused the injuries and damages suffered by the plaintiff because of the breach of the duty of care. This element has confused even the most respected legal minds over time, and its proof should not be taken lightly. Last, a plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or to property. It is not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care (FindLaw 2012). These damages can be actual costs such as medical expenses and lost income or...
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...Care One out of every seven dollars spent in the United States is spent for health care services. This is a greater percentage than in any other industrialized country.1 The topic of health care arouses deep emotions and generates intense media coverage. How can we understand many of the important health care issues? One approach is to listen to the normative statements made by politicians and other concerned citizens. Another approach is to use supply and demand theory to analyze the issue. Here again the objective is to bring textbook theory to life and use it to provide you with a deeper understanding of health service markets. THE IMPACT OF HEALTH INSURANCE There is a downward-sloping demand curve for health care services just as there is for other goods and services. Following the same law of demand that applies to cars, clothing, entertainment, and other goods and services, movements along the demand curve for health care occur because consumers respond to changes in the price of health care. As shown in Exhibit A-1, we assume that health care, including doctor visits, medicine, hospital bills, and other medical services, can be measured in units of health care. Without health insurance, consumers buy Q1 units of health care services per year at a price of P1 per unit. Assuming supply curve S represents the quantity supplied, the market is in equilibrium at point A. At this point, the total cost of health care can be computed by the price of health care (P1) times the...
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...Care Hospital”, where he oversees all departments with over 5,000 employees and over 20,000 patients at the medical facility. He has been provided with a broad set of duties and oversight of numerous departments, including business development, customer services, human resources, legal, patient advocacy, to name a few. He has managers in each department that he supervises and who work with him to address the needs of the various internal and external stakeholders of the hospital. Dr. DoRight discovers that some patients within the hospital have been dying as a result of a variety of illegal procedures by doctors and nurses, and negligent supervision and oversight on their part. This was brought to his attention in a few meetings and he told his Regional Director Compliance Manager and Executive Committee in January 2009. He was told by them that the matter would be investigated and they would report any findings to him as soon as possible. After two (2) years, there have been no results from the investigation and some patients are still passing away due to the negligent activities. He also answers to a board of trustees and interfaces with numerous community organizations and corporations who have various reasons for doing business with the hospital. Dr. DoRight continues to win awards for his leadership of the hospital and meeting business goals. He was recently named “Medical Business Executive of the Year” in 2011. Determine at least three (3) different internal and external...
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...Overview Overview Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn), also known as the physician self-referral law, or Stark Law, intends to prevent the misappropriation of or over utilization of healthcare that could result from incentivized diagnostic ordering protocols that may be a direct result of financial relationships that could influence healthcare decisions. The law is named for its author, United State Congressman Pete Stark, a Democrat from California, who authored and supported the creation of this piece of legislation. The law’s purpose is to prohibit a physician from referring a patient for designated health services (DHS) to any organization that the physician or a member of his/her immediate family has a financial relationship. Exceptions to the law exist and will be examined in later sections of this reflection. Originally the Stark Law (Stark I) only applied to referrals of Medicare Beneficiaries, but Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn), also known as the physician self-referral law, or Stark Law, intends to prevent the misappropriation of or over utilization of healthcare that could result from incentivized diagnostic ordering protocols that may be a direct result of financial relationships that could influence healthcare decisions. The law is named for its author, United State Congressman Pete Stark, a Democrat from California, who authored and supported the creation of this piece of legislation...
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...children cannot come to an agreement on whether life support should end or if all resuscitative measures should be attempted. The following paper will discuss how the American Nurse’s Association Code of Nursing Ethics would influence a final decision, how personal and societal values can influence ethical decision making, the fundamental legal aspects of each case study, and the legal responsibilities of nurses in the work setting. Regardless of any situation that may arise, every nurse has a set standard in place that must be followed. These are nonnegotiable, ethical standards, obligations and duties that every individual swears to when entering the nursing profession. These standards are all found within the American Nurses Association’s code of Nursing Ethics and Conduct. Whether dealing with patients and families during end of life decision making or dealing with nursing negligence within the court of law, the first provision in the code of ethics is the most imperative to remember. Nurses are always obligated to their patient’s best interest, therefore making them an unrelenting patient advocate. Many provisions are pointed out within the Nursing Code of Ethics. In the situation of dealing with Marianne’s family and medical treatments, there are many important things to consider. “The nurse respects the worth, dignity, and rights of all human beings irrespective of the nature of the health problem. The worth of the person is not affected by disease, disability, functional...
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...Ethical decision making is required when the healthcare executive must address a conflict or uncertainty regarding competing values, such as personal, organizational, professional and societal values. Those involved in this decision-making process must consider ethical principles including justice, autonomy, beneficence and nonmaleficence as well as professional and organizational ethical standards and codes. Many factors have contributed to the growing concern in healthcare organizations over ethical issues, including issues of access and affordability, pressure to reduce costs, mergers and acquisitions, financial and other resource constraints, and advances in medical technology that complicate decision making near the end of life. Healthcare executives have a responsibility to address the growing number of complex ethical dilemmas they are facing, but they cannot and should not make such decisions alone or without a sound decision-making framework. Healthcare organizations should have mechanisms that may include ethics committees, ethics consultation services, and written policies, procedures and guidelines to assist them with the ethics decision-making process. With these organizational mechanisms and guidelines in place, conflicting interests involving patients, families, caregivers, the organization, payors and the community can be thoughtfully and appropriately reviewed. It is incumbent upon healthcare executives to lead in a manner that sets an ethical tone for their...
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