The Relationships Between Health Law and Ethics - Assignment Example

Health Law and Ethics al Affiliation: Health Law and Ethics Healthcare ethical behavior is an important topic in the health industry. This paper seeks to discuss the issue of ethics in healthcare settings and also examines the influence of individual ethics on decision making (Krueger & Stein, 2010). With the sensitivity involved within the healthcare industry where clinicians deal with matters of life and death, the ethical abilities of individual workers is of utmost significance. To act as professionals who are ethically responsible, nurses and other medical officers should be able to distinguish what ethics is or is not, and how ethical practices fits with related fields such as religion, morality, law and agency policy. To facilitate and examine ethics in nursing and the health industry at large, this paper will concisely will discuss the deep origins of healthcare ethical healthy behavior. It also seeks to analyze some of the ethical issues in healthcare among them, refusal to care, beneficence, autonomy, non-male-ficence and justice (Lo, 2013). Introduction Ethical decision-making is crucial in the healthcare industry when it comes to addressing issues, conflicts and uncertainties concerning opposing values such as individual, organizational, professional and communal values. The ability to influence decisions on patient-care largely depends on the ethical guidelines provided. To avoid ethical dilemmas, there should be clearly spelt procedures and guidelines aimed at supporting ethical decision-making (Krueger & Stein, 2010). There are a number of significant challenges facing health care organizations among them rising public expectations, growing financial pressures, safety of patients, issues of quality improvement, mergers and consolidations, health care reform among others. These factors have placed healthcare firms under much stress and pressure. They have also intensified ethical concerns and conflicts. These challenges call for ethical decision-making by the parties involved (Curtin, 2011). Ethics is a very significant field to an organization’s mission as well as towards achieving the main goal. Health care executives and managers should demonstrate the significance of ethical standards in their own actions as well as looking for ways of integrating ethical practices within an organizational culture. A healthcare organization should create an ethical environment by (Krueger & Stein, 2010): Supporting development and execution of individual ethics. Some of these may be behavior, quality improvement, research, and clinical care within the work setting. Ensuring that efficient and comprehensive resources such as ethics committee exist to develop, disseminate and clarify the standards of behavior especially where there is any uncertainty. Support the implementation and execution of an approach to ethical training and compliance of corporate affairs. The capability of an organization to realize its full potential within the market place will largely depend on knowledge, motivation, skills as well as ethical values and practices each individual staff within the organization. The American College of Healthcare (ACHE) executives believes that they all have an obligation to create and maintain an ethical working culture and environment. The responsibity of creating an ethical working environment for individuals is very critical in determining the performance of nurses and other medical practitioners who are required to show a certain code of professional ethics in work settings. To improve ethical decision making for the future, there are several strategies that should be put in place including (Curtin, 2011): Circulating to all members of the healthcare organization guidelines on the requirements of ethical standards of behavior. Demonstrating the importance and commitment to ethical standards through practices, decisions and behaviors. Reviewing the mission, vision, goals and objectives so as to remind all staff of the need to maintain ethical standards towards achieving the organizations goals. Supporting behaviors that show that ethics is fundamental to achieving the organization’s objectives. Effective communications throughout to help cultivate an understanding of the commitment to ethical practices within the organization. Ensuring that all individuals are treated with high respect and expected to behave in a certain ethical manner Creating and maintaining an environment where individuals are free to share and express their ethical concerns Ensuring that there are enough resources such as an ethics committee is set in place for discussing, researching and sharing ethical concerns. Seeking to ensure that no one is discriminated, harassed or coerced in any way within the organization. Ensuring that a safe environment exists for effective and efficient work Conclusion Healthcare organizations ought to be managed with integrity and strict adherence standard of profession and ethics. The top management of such organizations is faced with a great challenge of ensuring that together with ethics committees and the board they ensure that they serve as role models and foster and support a culture that provides cost effective and high quality healthcare as well as promoting strong ethical practices within the organization (Krueger & Stein, 2010). Refusal of care as an ethical health care issue Introduction There are three main situations involving refusal of care which are: Refusal of medical care by a patient with a fatal illness, refusal of care by a patient with a treatable illness or refusal of care by the parents of a minor or guardians of a legally incompetent person (Krueger & Stein, 2010). For instance, a person suffering from a severe heart attack may decide to leave hospital even if it is imminent that the situation will lead to death. Even if another person may think that the decision is irrational or wrong, the decision of refusal of medical care cannot be seen itself as a proof of incapacitation. People often refuse treatment based on fear, lack of trust or even misunderstanding. In other cases, it may be as a result of depression or even other medical condition. Refusal of care is an ethical concern in most of healthcare organizations (Lo, 2013). Refusal of care should prompt a doctor or a nurse to instigate further discussion to determine the exact reasons as to why the patient refuses care and how they can intervene. For example, a patient who refuses care just because they cannot afford it could prompt the doctors to intervene and help the patient apply for public benefits like a fundraising or a Medicaid (Lo, 2013). This has been a serious ethical concern as it may harm other people. For instance, a patient who refuses treatment and suffering from a disease like tuberculosis put other people at the danger of infection. People who refuse to allow other people not to receive treatment for example a minor child or even a dependent adult may place them at risk. In cases like this, the doctors often consult judges, lawyers and even experts in the field of ethics. Autonomy Autonomy refers to the individual rule of the self that is not open to controlling interferences by other people as well as from people limitations that hinder meaningful choice (Lo, 2013). Autonomy ethics in healthcare is not just about allowing patients to make their own personal decisions but also physicians are obliged to an environment necessary for autonomous choice. Respect for autonomy in healthcare is one of the crucial guidelines of medical healthcare. Respect for autonomy may also include confidentiality, disclosing information about the medical status to patients, maintaining privacy as well as seeking approval for medical treatment. To promote autonomy, a medical officer should present the available treatment alternatives to a patient. He or she should also explain all probable risks and agrees to all policies before an operation is undertaken Beneficence This ethical issue in healthcare is defined as any action done for the benefit of others. These actions are undertaken to prevent harms or to improve the situation of other people. Physicians are supposed to refrain from causing harm to patients at all means. In addition, they are also obliged to assist by patients. Perfect beneficence consists of showing extreme acts of kindness and generosity or trying to benefit patients at all possible occasions. Beneficence may also include defending the rights of patients, rescuing those who are in danger, and assisting those patients with disabilities (Lo, 2013). Some of the obvious ways of showing beneficence are providing vaccination services to the general public, rescuing a drowning person, encouraging a patient to refrain from smoking and excessive drinking, encouraging them to commence an exercise, creating awareness to the society about STD prevention among other ways. All stakeholders within the healthcare industry should encourage such ethical practices (Curtin, 2011). Non-maleficence This simply means not to do harm. Doctors and other physicians should desist from giving out ineffective treatments or acting maliciously towards a patient. This ethical principle offers little guidance to physicians since almost all therapies have serious risks. The most important issue is whether the benefits offset the risks. Doctors should not give ineffective prescriptions and treatments to patients as the risks here would outweigh the benefits. In addition to this, they should not engage in any act that would deliberately harm patients without any proportional benefit at all(Lo, 2013). Justice Justice is one of the complex ethical issues in healthcare. It has meanings and descriptions that ranges from the fair and just treatment of individuals to the fair distribution of healthcare resources. It is a complex issue among clinicians. For example, one may wonder if justice is all about treating people fairly, then they can prudently wonder what it means to be fair in the first place (Krueger & Stein, 2010). Justice within populations in clinical perspectives is in most cases challenging and thus calls for vigilance to make sure that its objectives are upheld. For instance, it is unethical to ban patients from smoking within the clinic compound whereas the staff members are permitted to smoke. Physicians should thus be extra careful when making ethical decisions about justice as it may cause conflicts (Lo, 2013). Conclusion To accept or refuse treatment, one must have the capacity to make such a decision and should have the ability to use and comprehend the available information to make the decision. For instance, all adults are assumed to possess the capacity to decide whether to be treated or not unless there is substantial evidence to support to prove otherwise (Lo, 2013). State courts have in recent times allowed competent adult patients the right to reject treatment. With the increased use of advance directives, state courts are allowing individuals to decline medical care. However this may not an unlimited right to reject life saving car, in certain circumstances, state courts will rule that the right to refuse medical care is not complete and will consider other interests. Decision making in this perspective is complex, and emergency medical practitioners should seek advice from hospital administration (Curtin, 2011). When it comes to the issue of ethics, certain ethical issues may conflict with one another. For instance, a patient suffering from pneumonia may refuse to take antibiotics. In such cases, the physician should respect the decision of the patient as long as the patient meets the standards of making an autonomous decision (Krueger & Stein, 2010). References Curtin, L. (2011). Ethics for Nurses in everyday practice: Insubordination in the ICU? American Nurse Today, 6(6). Krueger, C. Stein, L. (2010). Pregnant woman’ involuntary hospitalization raises legal, ethical, medical questions 01/26/10. www.tampabay.com. (Lastly modified: Wednesday, January 27, 2010). Lo, B. (2013). Resolving Ethical Dilemmas: A Guide for Clinicians. Philadelphia: LWW. Read More