Step One: Clarify the Ethical Conflict - Term Paper Example

What are situations in which medical malpractice may be due to questions of ethics? Normally it would appear that medical errors that may lead to malpractice suits are not intentional and that if they occur, they may be due to accidents, such that a nurse may write on the wrong chart or may, due to fatigue, forget parts of a medical procedure. The same may happen to a doctor. He or she may operate on the wrong patient, or, from mounting fatigue, may accidently proceed on the wrong diagnosis. Singh (2009) points out that nurses face ethical decisions daily and that nurses do make mistakes, they are not immune to accidents that may cause adverse reactions.

The most significant cause of medical errors appears to be understaffing. Inelmen et al (2010) write that misdiagnoses continue to occur, especially among elder patients. They report that among American doctors, malpractice suits may occur to one out of every six. Tort reform is widely supported. Greenberg (2009) explains why tort reform is necessary in face of the new medical technology. He writes that tort reform should properly call for a "liberal interpretation of the malpractice standard of care" (Greenberg).

However Lenzer et al (2010) find it is still the habit of doctors to adopt unproven procedures that are not evidence based. Danzon (2011) points out the rising expense of malpractice suits in American practice and, along with other observers, how such suits may have a negative effect upon medical practice. The Casualty Actuarial Society reported that the new health care reform could promote more favorable outcomes by penalizing hospitals that have high re-admission figures (Staff, 2010). But it could also have initial negatives of basing medical care on the use of more inexperienced physician assistants or cutting back on testing for patients. Dr. Gart (2011) advises a communication with a proactive carrier, but not all doctors have such.

Also high on his list is clear documentation and clear communication with the nurse, such that notes are read aloud. His point, along with Singh, is that medical care must be pursued carefully and witnessed with collaborative reporting. Many situations of medical error can be addressed by following several steps. First the ethical conflict must be clarified. Usually placing oneself in the same situation as the patient would help one identify with the patient's side. Step two follows naturally as one identifies all the stakeholders.

Some may have different values. Diversity training could help in understanding the way other cultures few specific procedures of care. Such training would help one obtain a broad understanding of the circumstances that surround the ethical conflict. This is step three, while step four, going back to the diversity training, if relevant, tries to identify the various ethical perspectives that are relevant to the dilemma. As in problem solving, step five involves identifying the various options for action.

After finding the most appropriate option then step six proceeds with selecting the option (or options). The option becomes a decision that is shared and implemented in step seven, while the final step is review of the action and relating it to the final goal. Inelmen et al promotes a class in medical errors such that students would have less a tendency to hide them and be willing to take responsibility. But then on the administrative side the atmosphere of shame and punishment should be removed.

There will always be medical errors, reports Inelmen et al. Without reducing the requirement of high quality services in medical delivery, an attitude of the fallibility of medical care should be realistically accepted. Works Cited Danzon, P. M. (2011). Tort reform: The case of medical malpractice. Oxford Review of Economic Policy, 10, 84-98. Gart, M. (2011). Medical malpractice: The first stage. The Physician Executive, 34(1), 77-79. Greenberg, M.D. (2009). Medical malpractice and new devices: Defining an elusive standard of care.

Health Matrix, 19, 423-445. Inelmen, E.M.,Sergi, G., Enzi, G., Toffanello, E.D., Coin, A., Manzato, E., and Inelmen, E. (2010). On clinical erros in geriatric medical diagnosis: Ethical issues and policy implications. Ethics and Medicine, 26(1), 15-23. Lenzer, J., Brownlee, (2010). S. Reckless medicine. Discover, 31(9), 64-76. Sing, T.L. (2009, July). Avoid malpractice and protect your license: Ethics in nursing. Nevada RNFormation, 13. Staff Writer. (2010, July 6). Health care reform could have positive medical malpractice impact.

National Underwriter Property and Casualty. Accessed at http://www.propertycasualty360.com/2010/07/06/health-care-reform-could-have-positive-med-mal-impact.