Legal create environment where all decision making
Legal Aspects of Health Care System Student’s NameProfessor’s NameCourse TitleDateEstablishing and observing good ethical standards are vital in the health sector.
Health care organizations have the mandate to embrace the federal and state standards in the taking care of their patients and facility operations. This is usually put in place and ensured by the health care executives in the health organizations who have the obligation to develop and maintain the required standards.It is my duty as a top administrator of Well Care Hospital to ensure that the set code of moral conduct in my organization is adhered to.
Setting the ethical standards is one thing ,of which requires my reinforcement ,but being followed by the other employees within the organization will create environment where all decision making follows an established set of rules and regulations. This will reduce scenarios of unethical instances since the guidelines and procedures for actions within the organization are put in place. It therefore means that the operations of the Well Care Hospital shall be in consistency with the laws, regulations and the required standards of administration in the health care.
In addition, by setting the moral code in my health organization would enable my team in general to promote the primary concern of the patients’ health. Dyan Eldin M.Eslayed argues that ethical standards promote better health care by eliminating errors committed by health practitioners who act on their own rather than following a set guideline put in place by the health society in regards to patient care. This will be regardless of the race colour and even the gender of the patients, they are assured of proper health care without any form of discrimination. I will work to ensure that no information whether professional or personal shall be disclosed to another person without any form of authorization (Kunyk and Austin, 2010)Reinforcing and promoting ethical standards in my medical organization has enabled my institution; Well Care Hospital in Happy Town to have an increased public support for the medical profession. It has enabled my medical community to gain public trust since they believe that we do perform our professional legibility with the best of our interests .This has therefore made it able for our health community to attract donors who have been in full support for funding our projects that has led to advancement in our medical science. To make it precise, a trusted medical organization in terms of ethical behavior is the one which can be favourably looked upon by the public for support, participation or any other initiative by the public.
Furthermore, the ethical principles in the medical profession is essential in conducting research in the health sector. They are needed to determine what kind of research has to be undertaken in the quest to find out the cures for various diseases or other new treatments. An established ethical guidelines helps us avoid controversial instances in making a decision on which kind of research to be conducted and which not to be.
It can therefore act as a barrier between what the public want to find out and what the organization is carrying out.Nevertheless, violation of the set code of ethics by the professionals in the medical organizations has got consequences. For instance, the medical professionals have got licences that permits them to work as qualified practitioners, therefore any breach in regards to their profession can result to their licences being suspended or revoked. In some scenarios, they might be fined in the courts of law and even more consequences might apply.
One might lose membership from the organization but that might not prevent them from working elsewhere, however, one can lose important credentials and therefore less trust by employers to hire them.For instance, a doctor performing an abortion is legal but may not be considered ethical by other health care practitioners or the society at large. Another ethical dilemma might arise where the medical practitioner makes a decision to end a life, when the doctor has to make a decision to turn off life support machine and allow the patient to die.
In addition, another ethical issue a medical professional can be faced with is confidentiality especially during the treatment of the minors, for example where a decision has to be made on whether to disclose a fated illness to the parent or the next of kin of the later before the patient. Sexual misconduct between a medical profession and a patient is also considered unethical .It is considered to be an abuse of power on the part of the physician in which the case the patient is considered depended and vulnerable.According to the 2009 article in the internet, “The internet Journal of Surgery”, a surgery performed without proper consent is considered as assault.
For example when treating an adolescent, the health care professional faces potential conflict between ethics and the law in certain situations. Such actions are therefore considered as health misconduct and can result in expulsion from the profession, losing licence to practice or being fined in the court of law. Medical professionals are expected to act in manners which are reasonable and accepted by the set conduct in the medical organization. Failure to act contrary to the expectations of the medical administration or the patients becomes negligence of duty and conduct in which the patient or the plaintiff in the context has a right to ask for a lawsuit from the court of law in order to be compensated. Before the compensation happens, there are four elements of negligence which are essential components for a legal claim in the medical context.
Failure of the victim to establish the four elements of negligence, then compensation cannot occur. The elements include;Duty of care.It arises when the law recognizes a connection between two parties and due to the connection there is a manner in which one party has to act towards the other. For instance, a medical practioner has an obligation to treat their patient in a medically recognized manner. It therefore a duty to let the patient be aware of the impact of the imposed treatment rather than letting it come as a surprise to the patient. If it comes as negative feedback then the patient has the right to make a lawsuit against the practitioner.
Breach of the duty of care.This is a second element of medical negligence which entails the medical professional failing to exercise a just and satisfactory care in fullfiling a duty to provide health care. This may arise in a situation where a surgeon operates on a wrong leg, making the patient to end up with both legs not functioning. Causation.It could be an actual cause or proximate cause .
The actual cause exists when there is a breach of care of duty, to show that a patient would not have suffered the injury if not for the doctor. Proximate is evident when the type and the extent to which the patient is injured is closely related to the breach of duty. For example, the doctor doing an operation on the wrong leg caused the better leg to be paralysed like the other leg. Had the doctor operated the right leg the other leg would not have suffered the effects of the operation.
Damages.This is the last element of medical negligence. In order to prove the damage element of a medical uncertainty, it is mandatory to show that as a reversion, the doctor’s fortification of the expected standard of care resulted to the present kind of harm to the plaintiff whether physical psychological ,emotional or even financially. In the same case as the damage might be obvious, a damage that takes months or years to manifest can be difficult to be proven and compensated. The health care governing board therefore has the mandate to curb the malpractices in the health sector so as to mitigate the challenging legal issues brought about by negligence of duty by the medical professionals towards the patients or the society at large. It ensures so by doing the following;The board has the role to ensure that there is effective coordination between various internal functions associated with corporate compliance inclusive of the legal aspect, internal audit and human resource. This will minimize the risk of disagreements between the functions.
This will help establish timely and effective reporting mechanism by which line management is required for compliance. The board also hints at the interests of the society in requiring that the board members be certified on compliance oversight and in the use of compensation recovery or any other similar ways to encourage compliant behavior by the medical officers.The guidance reflects a recommendable effort by the participating organizations. The health care governing board interests in providing compliance guidelines to health care is very much appreciated .While they do not break new ground, the guidance serves as a clear and valuable reminder of the board’s compliance oversight obligation .It also provide important opportunity for the health care general counsel to review with the board the effectiveness of its approach to compliance oversight.
ReferencesJournal Article. Daniele Bryden and Ian Storey. In Continuing Education in Anaesthesia, Critical Care & Pain. Published on Behalf of the British Journal of Anaesthesia.
Volume 11 issue 4, pages 124-127.Robert Galvin, a conversation with Donald Berwick, Web exclusive Jan 12 2005Hellinger FJ, Encinosa WE. The Impact of State Laws Limiting Malpractice Damage awards on Healthcare Expenditures. Am J Public Health.
2006.Press Release, U.S Department of Health and Human Services (HHS) Secretary Leavitt Unveils Plans for Value Exchange to Report on Health Care Quality and Cost at local level (27th February 2007).