Track 17: Legal and Ethics in Healthcare
11th American Healthcare Summit
On the November 15-17, 2022, in San
Francisco, USA.
Introduction
It is now widely accepted that legal and ethical issues are fundamental to medical practice in the planning of patient care.
With advances in medical sciences and the increasing sophistication of the legalframework in modern society, as well as increased awareness of human rights and changing moral principles in the community at large, doctors and other healthcare workers alike are now frequently caught in difficult quandaries in many aspects of daily practice.
There are several examples, including the need to respect informed consent, honesty, breach of confidentiality, disclosure of medical errors, rationing of scarce health resources, biomedical research, organ donation, and so on.
Furthermore, there is growing concern, both within the medical profession and in the general, about
Complaints and lawsuits against doctors are on the rise.
Many of the complaints or lawsuits filed against doctors in the past were the result of a failure of their doctor-patient communication skills or an inability to recognise and resolve difficulties in clinical settings.
Patients, families, and healthcare professionals face ethical and legal dilemmas every day.
These challenging quandaries may involve medical treatments, procedures, hospital administration, and other issues that emerge in the healthcare profession.
Ethical difficulties in healthcare can necessitate an instant response, such as making decisions for patients who are unable to do so, or they can necessitate a lengthy, deliberate decision, such as the debate over the right to abortion or assisted suicide.
It is your obligation as a healthcare worker to care, and if you fail to do so and someone is wounded as a result, you will be penalized.
For example, one could lose money, lose their license, and/or go to jail.
The government of the United States was established on two essential principles: federalism and checks and balances.
There are three branches of the federal government: legislative, executive, and judicial.
The separation of the three branches established a system of checks and balances: no one branch could wield more power than another.
Medical ethics has evolved into a well-
Founded discipline that serves as a "bridge" between theoretical bioethics and the patient's bedside.
1 The purpose is to "increase patient care quality by detecting, analyzing, and seeking to address ethical issues that arise in practice."
2Aside from our moral commitments, doctors are bound by laws and governmental regulations that comprise the legal framework that governs medical practice.
It is now widely accepted that legal and ethical considerations are intrinsic and inseparable components of competent medical practice across the board.
In many ways, the disciplines of law and ethics in medical practice overlap, although each has its own set of limitations and focus.
The acts done in ethical concerns in healthcare clearly differentiate between what is right and wrong, and many of the choices taken today can have long-term consequences for healthcare in the future.
1. Patient Confidentiality and Privacy
One of the most critical ethical and legal challenges in the world of healthcare is the safeguarding of private patient information.
Conversations between a doctor and a patient are completely private, as is information concerning a person's medical condition.
The Health Insurance Portability and Accountability Act, or HIPAA, specifies what information can be released and to whom.
The recent global Ebola virus outbreak has revived focus on healthcare providers' right to protect themselves from communicable diseases, whether through direct or indirect contact with an infected patient.
When a patient's medical history is not shared to the medical personnel, ethical and legal issues arise.
In a healthcare center, sexual interactions between medical practitioners and patients or between medical staff are strictly prohibited.
Sexual harassment may be harmful to everyone involved, including the institution, thus the code of ethics should make this clear.
Terminally sick patients may have specific intentions for how their lives should end.
Families may struggle with the decision to remove a loved one's life support.
Healthcare practitioners and clinical leaders must be prepared to deal with end-of-life difficulties as well as issues that may arise while dealing with elderly patients who are unable to make logical decisions on their own.
Risk
management and root cause analysis
Searching for the causes and determining the best
solution, or doing a basic analysis of the occurrence, is one of the first and
most important steps conducted to reduce the number of patient injuries. It
should be underlined that the aforementioned approach must be free of bias and
should focus on discovering and fixing the root cause rather than identifying the
accountable person. One method of averting such situations is to establish a
particular protocol for reporting the event in a sufficiently organized ethical
environment without accusing anyone. Fear of being blamed, sanctions, a lack of
organisational support, insufficient feedback, and a lack of information of the
relevant issues are all barriers to reporting medical errors in hospitals.
Do
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