Ethical and Legal Issues in Medicine - Sydney Dentists Unauthorized Surgery - Case Study Example

Case Study Name Institution Date of submission Introduction Ethics deals with principles of conduct and morals judgment. The major ideologies of healthcare ethics, which must be, uphold in all circumstances are nonmaleficence, beneficence, justice, and autonomy. Beneficence entails doing or promoting good (Pollard, 2008). Contrary, the legal connotation of medical practice are tied to state and federal laws, licensure , extent of practice and a public anticipation that medics practice at a high professional level (Aassano, 2006). This literature provides a compelling case study of Sydney dentist Andrew Istephan accused of carrying out unauthorized surgery and ethical and legal issues. Legal Issues Numerous legal issues are linked to medical practice, this comprises of licensing, standards of care, and medical practice acts. Conversely, in these arguable times, the matters that most concern those taking into consideration a career in dentistry are malpractice and negligence (Kimmelman, 2009). Negligence is an act of omission or faux pas (not carrying out something a plausibly prudent individual would do) or commission (carrying out something a practically sensible individual would not carry out) (Gray, 2005). In relation to case study, Istephan is implicated with malpractice. Malpractice is negligence by a health practitioner. Four elements have been identified that was committed with the dentist, which proves malpractice. Duty as an element of malpractice, it stands for a legal compulsion owed by one individual to a different individual. When health care providers care for patients, they suppose the task to care for them in a skilful and thorough manner. Health care providers are anticipated to offer the degree of care customarily exercised by other health care providers practicing in the similar medical specialty. Consequently, health care providers are expected to stick to principles of care (Jordan, 2008). Contracts and administrative Law is applicable to the matters of Medical law particularly medical negligence. In relation to case study, it was the responsibility or duty of dentist to examine patient condition and make appropriate judgment. The malpractice related to the element of duty is by the health care provider making inappropriate judgment (Guido, 2010). The poor judgment has lead to negative consequences in patients. Based on the evaluation it can be stated that administrative contract will be applied to the accused due to malpractice. It is evident the dentist had breach of duty. A breach of obligation takes into account when there is failure to accomplish the tasks established as being the responsibility of the medics. In different words, dentist breach their sense of duty when they do not meet the suitable standards of care. The dentist carried out unauthorized surgery; this is one element of malpractice. Therefore, there is legal implication through breach of duties. Causation is one of the most intricate elements to attest since it is the factual link amid the dentist carried out and the injuries to the patient. Causation implies that the dentist’s breach of obligation, or failure to meet the suitable customary of care, caused the patient’s damage or unfavorable outcome ((Turkle, 2007). According to case study, the dentist action lead to adverse effect to the patient as most of them that did not consent the procedure filed case to court in relation to harm committed to them. On the standard of proof, the experts in medical field have analyzed the practice of the offender and found there are cases of malpractice (Hunt, 2007). The elements of malpractice identified include breach of duty where he performed surgery without patients consent and causation of injury to patient. The defenses that could be raised is that the dentist made judgment to operate patient without consent as most patient were incapable to consent. Despite the defense, the offender will remain quilt of malpractice due sufficient standard of proof. Ethical Issues Ethics deals with principles of conduct and ethical or moral judgment. The foremost ideologies of healthcare ethics that ought to be upheld in all circumstances are nonmaleficence, beneficence, justice, and autonomy. In medical field, beneficence involves facilitating and doing well or doing no harm. Health care providers work to uphold their patient’s best welfare and strive to attain optimal results (Aassano, 2006). On the other hand, nonmaleficence means preventing and avoiding harm to the patient (Gray, 2005). Health care provider must preserve a proficient practice level to shun from causing suffering or injury to patients. The standard of nonmaleficence also entails reporting supposed abuse to avert further victimization and defending patients from chemically impaired dentist and other healthcare care providers. Autonomy stands for sovereignty or independence and the capacity to be self-sufficient patient have the right or freedom of self-determination and are at liberty decide; for that reason, capable and competent adults have the capability to consent to or decline treatment (Mastroianni, 2006). Health care provider will be obliged to respect the patient's desires, even whether they do not concur with them. In conclusion, justice necessitates that all patient be treated evenly and fairly. Health care providers face issues of justice on a daily basis when organizing and preparing care for their patients and making a decision on how much moment in time they will use up with each based on patients needs and a fair allocation of resources (Pollard, 2008). From the case study, there are some cases of ethical conflicts. The dentist had not adhered most of the ethical aspects required by health care providers. It is the job of a health care provider to protect patients from any source of injury or to avoid harming them. Contrary to this, the dentist carried out unauthorized surgery causing harm to patients. The conflict arises as the patient expects to be protected from injury while the dentist causes harm and injury to the patient, opposite to what is expected from them. On autonomous as the element in medical health matter, the patient who is capable of making decision on his or her own are expected to consent or agree treatment to be done (Turkle, 2007). According to the case, most of the patient did not consent most of the procedures to be done on them. This is converse to the standard of autonomy, the dentist made his own judgment and carry out procedures without patient involvement. Victims in case study complained of not told ahs been done to them. Obtaining consent from able or capable patient is vital. In some instances, conflict arises when health care provider carried out procedure to the patient without consenting when they find that the operation will save their lives. In such cases, it found to be essential when health care providers feels that there is likelihood for the patient not to consent. In such scenario, when the operation or procedure is successful, there will be no conflict with the patient. In same scenario when the outcome of the procedure is not satisfactory, conflict between two parties arises (Kimmelman, 2009). In solving ethical conflict, health care providers need to differentiate amid their professional ethics and their personal values. Personal morals and values are what health care providers embrace significant and factual for themselves, whilst professional ethics entails values that have collective applications and principles of conduct, which have to be upheld in all circumstances (Ned, 2008). Health care providers therefore need to avoid permitting personal judgments to affect patients care. They should be straightforward and fair with patients, and they take action in the finest interest of and demonstrate respect for them. All health care providers must practice compassionately, autonomously, safely and skillfully and be obliged to maintain decorum and support health and welfare of the patients. They should carry out assessment and meet the full range of indispensable mental and physical health needs of people of the entire ages who approach into their care. Where essential they have to be able to offer safe and instant care to all individuals prior to referring or accessing to specialist care, irrespective of their cadre of effectual practice (Jordan, 2008). Dentists and dentist students can be held legally responsible for their doings, and thus can be sued as in the situation of the case study. Conversely, the majority of health care providers are knowledgeable professionals who offer an acceptable level of care (Silber, 2011). On the basis for misconduct payment information diverse depending on the category of health care providers, but included treatment, monitoring, and medication troubles. High-level need patients and shortage of staffing can augment the probability for error, but health care providers can minimize their legal responsibility by focusing on peril management. Healthcare facilities should offer numerous levels of in service education on peril management, and health care providers can take continuing education programs on legal and ethical issues (Jordan, 2008). Conclusion Ethics deals with principles of conduct and ethical or moral judgment. Contrary, the legal connotation of medical practice are tied to state and federal laws, licensure , extent of practice and a public anticipation that medics practice at a high professional level. In relation to case study, it was the responsibility or duty of dentist to examine patient condition and make appropriate judgment. The malpractice related to the element of duty is by the health care provider making inappropriate judgment. The poor judgment has lead to negative consequences in patients. From the case study, there are some cases of ethical conflicts. The dentist had not adhered most of the ethical aspects required by health care providers. It is the duty of a health care provider to protect patients from any source of injury or to avoid harming them. Contrary to this, the dentist carried out unauthorized surgery causing harm to patients. In solving ethical conflict, health care providers need to differentiate amid their professional ethics and their personal values. Health care providers therefore need to avoid permitting personal judgments to affect patients care. They should be straightforward and fair with patients, and they take action in the finest interest of and demonstrate respect for them. Bibliography Aassano, F. (2006). The Power of Life or Death: Medical Coercion and the Euthanasia Debate. . London: Duckworth. Gray, J. N. (2005). Ethical and legal issues in AIDS research. . Baltimore: Johns Hopkins University Press. Guido, G. W. (2010). Legal & ethical issues in nursing (5th ed.). Boston: Pearson. Hunt, R. &. (2007). Ethical issues in modern medicine. Palo Alto, Calif: Mayfield Pub. Co.. Jordan. (2008). "Ethics manual. Fourth edition. American College of Physicians". Ann Intern Med 128, 576–94. Kimmelman, W. (2009). "Helsinki discords: FDA, ethics, and international drug trials". . The Lancet 373, 345. Mastroianni, A. C. (2006). Women and health research ethical and legal issues of including women in clinical studies. Washington, D.C.: National Academy Press. Ned, F. (2008). Deciding to forego life-sustaining treatment: a report on the ethical, medical, and legal issues in treatment decisions. Washington, DC: . President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Re. Pollard. (2008). "Autonomy and paternalism in medicine". . The Medical journal of Australia 159 (11–12):, 797–802. Silber, T. J. (2011). Ethical and legal issues in adolescent health care. Elk Grove Village, Ill.: American Academy of Pediatrics. Turkle. (2007). "Constructions and Reconstructions of Self in Virtual Reality". . Chicago: Adventure works press. Read More