Health Care Ethical Legal Conflict: Case Study

2207 words (9 pages) Nursing Case Study

11th Feb 2020 Nursing Case Study Reference this

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Table of Contents (jump to)

Introduction

Choices in front of doctors

Futuristic impact of the decisions in such situations

Guidelines and code of conducts in medico-ethical conflicts

Principals followed for such cases

Implementation of guidelines and principals in current case

Conclusion

References

1. Introduction

In the present case study there is an ethico-legal arise when doctors have to perform treatment of chronic obstructive pulmonary disease (COPD) by which Mr. Con is suffering but his son (who has the authority to decide on behalf of Mr. Con) is adamant on no treatment for COPD. An ethical concern is a condition or crisis that calls for an individual to choose among two alternatives. It is very important that the present day medical physicians have continuing ethico-legal education (Preston-Shoot, McKimm, Kong, & Smith, 2011). Ethics is believed a standard of conduct and an idea of right and wrong beyond what the lawful consideration is in any particular situation. Moral assessments serve as a basis for ethical manner. Doctors have a legal responsibility to obey with the appropriate ethical and legal guidelines in their routine practice. Ignorance of regulation and its insinuations will be detrimental to the physician even though he takes care of the patient in good belief for the mitigation of the patient’s pain. In the present case study we are discussing the case of Mr. Con, who was suffering from chronic obstructive pulmonary disease (COPD) and now in condition that he cannot make his own decision. His son is representing his case about whether Mr. Con should give treatment for chronic obstructive pulmonary disease or not. The whole discussion in this essay will be based on this kind of ethico-legal issue.

2. Choices in front of doctors

In this case doctors do not have any choice other than legal option because all acts that are done in fine spirit may not stand legal testing. There are various ethical legal issues which can come forward if doctors refuse to consider the decision of Mr. Con’s son and treatment the COPD. As Mr. Con is suffering from multiple ailments so there are less chances that Mr. Con will survive. According to present condition, doctors can be framed for unauthorized treatment, and if proved then for murder also. With the rising figure of cases filed by hurt patients looking for legal remedy from physicians and medical organizations, it is no longer a subject of choice, but a context-driven lawful consent and requirement for the physicians to be acquainted with essential legal concerns involved in health practice. Professionalism is a subjective idea that refers to doctor performance in the place of work and within his area, and how it makes other public look at you (Doyal, 1999).

Some actions that doctors would take in condition of Mr. Con can be ethical in the view of one group of experts might make look puny in the views of others. Considering the lawful and ethical consequences of doctor conduct will help to make a decision what heights of professionalism we want to uphold in different circumstances (Rogers & Ballantyne, 2010). Medical ethics is a very important part of health practice, and following ethical rules is a vital part of your occupation. Ethics deals with common principles of correct and incorrect, as opposed to obligations of law. A professional is anticipated to act in ways that reveal society’s thoughts of right and wrong, even if such conduct is not imposed by law. Often, though, the law is based on ethical concerns. In the present case physicians should think to treat Mr. Con for COPD despite of consent of his son.

Practicing suitable professional ethics has an optimistic impact on your repute and the accomplishment of your employer’s trade (PrestonShoot & McKimm, 2011). Many medical associations, therefore, have generated guidelines for the adequate and preferred modes and behaviors, or decorum, of medical assistants and doctors. The codes of medical ethics have expanded over time. The Hippocratic pledge, in which medical scholars pledge to perform medicine morally, was developed in olden Greece. It is still used these days and is one of the bases of contemporary medical ethics. The Code of Ethics of the American association of medical assistants (AAMA) shall set 4th principles of ethical and moral manner as they relate to the health profession and the specific practice of medical supporting (Iqbal & Hooper, 2013).

3. Guidelines and code of conducts in medico-ethical conflicts

There are various guidelines which doctors should follow in the case similar to the present case of Mr. Con. The doctors must cautiously follow every state and federal practice rules and regulations while performing this treatment. They must follow the Code of Ethics for medical subordinates. It is an important part of their duty to avoid misconduct claim—court case by the Mr. Con’s son in opposition to the doctor for mistakes in cure.

To perform efficiently as a medical subordinate, the doctor must pursue all OSHA guidelines for safety, risky equipment, and poisonous substances (Knight, Sleeth, Larson, & Pahler, 2013). The place of treatment should meet quality control (QC) and quality assurance (QA) principles for all examinations, samples, and treatments. It is his accountability to follow HIPAA rules, to make sure Mr. Con confidentiality and privacy of his evidences, to entirely document patient management, and to maintain patient proofs in an arranged and readily available manner (Anthony, Appari, & Johnson, 2014). In the present case of Mr. Con, physician should follow the risk management which can be described as a technique of reducing possibility of liability during institutional practices.

4. Principals followed for such cases

If Mr. Con is able of providing knowledgeable consent, then his choice about cure, including non-treatment, should be considered. This is a customary plus enforceable legal standard and reliable with the ethical code of respecting the sovereignty of the patient.But in the present case, situation is totally different. Ethical methods work in a comparable mode to ethical codes, the exploit of which has obtained much consideration in recent times. There are significant limitations to the standards approach to ethics which relate evenly to ethical codes. The hypothesis is most remarkably described based on 4 codes: sovereignty, non-malfeasance, beneficence, and impartiality (Mason, Laurie, & Smith, 2013). These principles are observed as one of 4 tiers in a ladder of levels of study necessary for ethical rationalization. At the 1st tier there are meticulous decisions which are necessary at the 2nd level by moral laws. These in turn are necessary at the 3rd level by principles, and codes are lastly justified at the 4th level by more inclusive ethical hypothesis. Both, the method and applicability” of “principles” have been tested, as well as protected as a regular structure for biomedical ethics. On the other hand, even their strongest enthusiasts do not see standards as a total or self-standing connotes of establishing moral practice. Beauchamp & Childress clarify that: “Principles direct us to acts, but we still require assessing a condition and formulating a suitable reply, and this evaluation and reaction flow from character & guidance to the extent that from standards” (Petersson et al., 2012). Gillon then called this: “the 4 principles and scope” mode of biomedical ethics” (Gillon, 2012). In the case of Mr. Con, doctor should follow these principals and plan the treatment.

5. Implementation of guidelines and principals in current case

The content of common principles and regulations represents theories and worth’s that can locate the common ethical nature and approach for fitness care. Though, it is of small use in explaining personal ethical decisions. The insinuations for establishing ethical systems lie in recognizing their possible worth in describing the moral atmosphere and ethical approaches that are divided by health care employees. Regulations can also give clear sites for a few headline moral subjects for example euthanasia, but cannot give the convinced answers to a lot of ethical troubles encountered in the way of daily checkup practice. The purpose as to whether Mr. Con has theabilityto offer informed permission is generally an expert decision made and texted by the treating health care supplier. The provider can create a purpose of provisional or enduring inability, and that fortitude should be bonded to a particular verdict. The legal word competencymay be employed to explain a legal determination of supervisory capacity. The designation of a particularsubstitute choice makermay either be sanctioned by court regulations or is specified in condition statutes.

6. Conclusion

If a court has decided that a patient is lacking ability, a health care giver must acquire informed permission from the court-agreed decision-maker. For instance, where a protector has been selected by the court in a responsibility act, a health care giver would look for the informed authority of the custodian, provided that the applicable court arrange covers individual or health care executive. From the whole discussion, we can conclude that, first the doctors should seek legal opinion and the according to options they should plan the treatment. Doctor should try to make Mr. Con’s understand about the consequences if Mr. Con will not treat for COPD soon. If his son still remains adamant then doctor should follow the court decision and do the treatment accordingly. Doctor should follow medical code and conduct but that should be in range of law.

7. References

Anthony, D. L., Appari, A., & Johnson, M. E. (2014). Institutionalizing HIPAA Compliance Organizations and Competing Logics in US Health Care. Journal of health and social behavior, 55(1), 108-124.

Doyal, L. (1999). Ethico-legal dilemmas within general practice. General practice and ethics: Uncertainty and responsibility, 37.

Gillon, R. (2012). When four principles are too many: a commentary. Journal of medical ethics, 38(4), 197-198.

Iqbal, R., & Hooper, C. R. (2013). Ethico-legal considerations of teaching. Continuing Education in Anaesthesia, Critical Care & Pain, 13(6), 203-207.

Knight, J. L., Sleeth, D. K., Larson, R. R., & Pahler, L. F. (2013). An analysis of OSHA inspections assessing contaminant exposures in general medical and surgical hospitals. Workplace health & safety, 61(4), 153-160.

Mason, K., Laurie, G., & Smith, A. M. (2013). Mason and McCall Smith’s law and medical ethics: Oxford University Press.

Petersson, I., Lilja, M., Borell, L., Andersson-Svidn, G., Borell, L., Beauchamp, T. L., et al. (2012). To feel safe in everyday life at home: a study of older adults after home modifications. Ageing and Society, 32(5), 791.

Preston-Shoot, M., McKimm, J., Kong, W. M., & Smith, S. (2011). Readiness for legally literate medical practice? Student perceptions of their undergraduate medico-legal education. Journal of medical ethics, 37(10), 616-622.

Preston-Shoot, M., & McKimm, J. (2011). Towards effective outcomes in teaching, learning and assessment of law in medical education. Medical education, 45(4), 339-346.

Rogers, W., & Ballantyne, A. (2010). Towards a practical definition of professional behaviour. Journal of medical ethics, 36(4), 250-254.

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