Health Law and Ethics: Organization and Troubled Physician - Case Study Example

Moreover, they have become places where the morally weak and mentally deficient prey on physically, and sometimes mentally helpless (Pozgar, 2011). These helpless individuals continue to suffer if legal action is not taken against those physicians who continue to cause misery and suffering in their lives. Therefore, criminal law ensures that those individuals involved in crime do not go unpunished. This also applies in the healthcare sector where healthcare administration is regulated by the legal system.

Moreover, maintenance of ethical standards has remained paramount in the provision of health care services. A wholesome medical practice should involve a substantial competence in the application of academic knowledge. This application can be hindered if the medical practitioner is faced with personal problems, which may interfere with their practice. This may lead to a negative outcome, and patients may sue for injury caused. Because of legal limitations to the operation of healthcare administration, organizations and their governing bodies are faced with legal risks and responsibilities because it is their governing bodies that are in control of all their operations and management (Pozgar, 2011).

LEGAL ASPECTS Liability issues that exist in this situation In the case of Dr. Smith, the entire organization believes his ingenuity in medical practice. However, his emotional breakdown due to divorce poses a threat to the provision of quality medical care to his patients. The liability issue evident in this situation is the possibility of a negative outcome from Dr. Smith’s surgeries. The technical errors made during surgical procedures may lead to many complications to the patient after surgery.

The patients may decide to file suit against Dr. Smith if they feel that their condition has been worsening after receiving medical treatment (Cohen, 2005). Moreover, a second negative outcome can result due to failed appointments with patients. Since Dr. Smith often is wasted after work, and this has been a serious concern to the medical staff, it is possible to cancel crucial meetings especially surgical operations. He has been failing to honor appointments with patients. This gives a patient the opportunity to sue Dr.

Smith for the costs incurred due to the failed appointment (Sloan, 1993). How the hospital may face liability Since laws and ethics that guide the formulation of codes of professional conduct and the various guidelines and circulars that guide this practice influence every professional practice, it is the duty of the organization or entity to monitor the behavior of employees and note any inconsistencies. Failure to detect abnormal employee behavior has serious implications to the organization.

In this situation, the hospital may be faced with a liability, which is an economic loss. This may occur when a disgruntled patient files a lawsuit against one of the employees. In this case, a patient may sue Doctor Smith if they feel dissatisfied with their operations. This may be because of the technical errors made by the doctor during operations. Secondly, A patient may sue doctor Smith due to costs incurred when the doctor fails to honor an appointment. All these lawsuits are covered with the hospital through liability insurance (Pozgar, 2011).

The hospital has authority to monitor and evaluate Doctor