Healthcare Management, Law and Ethics - Assignment Example

Name: Professor: Institution: Course: Date: PART ONE: A READING REPORT Reading One: When the Patient is Young, Old, or Incapacitated Challenges to Autonomy and Informed Decision-making Health care workers are believed to be aware about the general conditions of their patients, especially when they normally have limited autonomy (Jones, 2007). The problem comes in when trying to ascertain their wants and the course that they probably would like to pursue in life. Something that a health care worker should understand is the fact that some of these patients may just be limited due to mishaps that might have happened during the normal developmental stage of a patient. Therefore, it is ethical for the health care worker to remain focused and committed in upholding the integrity of such patients, because in this case, human rights are put in line of upholding individuals’ wishes and dignity. The following are some of the issues that are discussed in line with the law and ethics upholding the health industry. Competence This defines an individual’s ability and availability of effectively working on particular assigned duties and responsibilities. It is through a person’s competency that rational decisions are made clearly, therefore, it gives a right for a patient to clearly understand the key issues behind what is placed to be consented about. Therefore, as a health care worker, one should ensure that a patient is within a conducive environment and state of mind; able to maintain stability in cognitive functioning for some time; ensure important information is made available for the patient; and any factor that is relating to the family and social situation should be made clear (Preston, 2001). Relevant Information This is an aspect of ensuring that information that is related to the case at hand is provided before a patient is allowed to make a decision. This information should constitute of the actual facts behind the issue and should hold a person reliable if found breaching by trying to alter what had been written. Comprehension of the given information After gaining access to significant information, a person should be in a position to understand what the main content is, and as a health care officer, one should be in a position of asking a patient if he or she was able to understand the underlying meaning of various concepts. Voluntariness This is a component stating that a person is supposed to take part in consent without any stated condition. He or she should be a ware of what is happening and voluntarily participate in the process. Reference Preston, N. (2001). Understanding Ethics (2nd ed.). Sydney; The Federation Press. Jones, R. (2007). Key Topics in Healthcare Management: Understanding the Big Picture. New York; Radcliffe Publishing Reading Two: At the Beginning and End of Life Personhood and Beginning Personhood and beginning refers to the quality of being a person, and it entails the concept of how the life of human beings begun. The most intriguing issue within the idea of personhood and beginning is the explanation that is supposed to be given on the exact point where human life and value begins. This is in relation of the time when conception happen all the way throughout life, therefore, ethical aspects tries to put this in order. In this concept, the potentiality of any individuals should be protected, which is the ability and overall capacity of a person to make improvement in a specific way. Therefore, potentiality is dependent on the chance that is normally given to a person in relation to the development measures that are supposed to be achieved and suitable achievement conditions (Greaves, 2007). Genetic Issues The existing human behavioral and structural characteristics are determined and defined by human genetic composition. The study on such concepts has been of great importance but the concern remain on the idea of how such ideas and information is going to be protected from those individuals who are just out to gain superiority on others. It is in this state that the United Nations Education, Scientific and Cultural Organization has issued a concern and a warning for those planning to misuse such critical information for personal gain (Jones, 1992). In this case, the aspect of human rights has come into place with a purpose of protecting the interests of human beings through various principles. Therefore, they are important claims and expectations that entailed in the basic right that applies to everyone. Abortion This is a systematic elimination of pregnancies, and it is in this issue that the ethical aspects of sexual activity, family planning, and pregnancy that normally face adults are highly tested, in line with the health care work and the overall personal lives (Myers, 2007). Therefore, the contraception and abortion laws in any given state normally give an account of the cultural stands and other beliefs that are directed towards the ethics of choices on reproduction and overall personhood development. Treatment in Critical Situation This involves cases where health care workers normally think and act very fast, since are emergency conditions that require an immediate action. It is at this level that a choice will always be taken in relation of taking a certain step or avoiding it completely, and each of it has a degree of perceived dangers. Therefore, as a health professional, one is tested beyond his or her limits in making decisions and at times taking chances as situation demands. Reference Jones, A. S. (1992). Advanced emergency care for paramedic practice. California; J.B. Lippincott Greaves, I. (2007). Emergency Care: A Textbook for Paramedics. Sydney; Elsevier Health Sciences Myers, J. E. B. (2007). Legal issues in child abuse and neglect practice. Chicago; SAGE Publishers PART TWO: DOCUMENT OVERVIEW Key Legal Issues for Paramedics: Overview of Eburn (2010) Eburn (2010) gives a clear view on various issues and theories that are associated with paramedical practice and the overall education that is supposed to be followed in line with the ethical standards that are set. Therefore, he brings out an assessment on the overall development of the ambulance customs, the supposed direction of the profession and other significant issues that are appropriate to the industry. This also goes to an extent of determining the specific impacts they cause on paramedics and their practice. The following are key legal issues for paramedics: Assault This is a significant principle that refers to an action of touching an individual who has not given consent to treatment, but in the real sense such a person has a capability to provide consent to available treatment. This means that before a person is provided with treatment or first aid, one has to first be able to know if the patient is consented to the treatment being given. Capacity to consent is dependant to the comprehension of the nature of proposed treatment measures and the ability to communicate one’s wishes on the issue at hand. Therefore, consent cannot be achieved on patients who are very young, unconscious, affected by severe dementia, or are delirious (Jones, 2007). At times it will not be accepted to deny treatment because patients were unable to consent, especially when the act is designed to save life, and prevent severe injuries. Therefore, sometime it is a necessity that, as a practitioner, one can administer the treatment, and this is done on implied consent. Although this types of consent is limited to specific case of treatment, because a young child cannot consent treatment as he or she is not aware about what entails. Emergency or Necessity In health care work, specific actions that taken by a paramedic are supposed to be justified by the necessity of the situation, and the actions taken should be within the best interest of a person administering and it should also be that a prudent individual would do under normal circumstances (Eburn, 2010). Emergency refers to a state where immediate concern or treatment is issued on a patient, therefore, it is considered to be a package of necessity as they work alongside each other. Mental Illness A patient with mental disorders may not b sound enough to know that treatment is good for them; therefore, such a person must be handled with much care. There is a provision of legislation within each State and Territory for compulsory treatment of such individuals, of which the treatment takes place without the patient consent. Such schemes are developed with a purpose of providing appropriate health care within mental health facilities and are applied when necessary (Eburn, 2010). Negligence Law Negligence has to do with acting or providing health services in a manner that a rational person could have avoided under the same circumstances. The result of such actions normally could lead to various damages such as death, deformation, severe injuries, or jus predisposing a patient on health threatening aspects. Therefore, a person can be held responsible for negligence if in one way or another failed to act reasonably in the existing circumstances. Since in paramedics, there are situations where first aid is misplaced, the supposed legislatures have worked on various provisions for the purpose of limiting the liability on people who act in faith of helping during emergency, hence, the introduction of Good Samaritan Legislation. In this legislation, it is assumed that a person acted in good faith for the purpose reducing the impact of the injury, or trying to reinstate the patient. In that case, the person is said to have acted without any expectation for repayment (Eburn, 2010). Special positions of doctors Medical practitioners are normally considered to be in a special position when it come administration of pre-hospital care, and the law of negligence has the following provisions. Duty to treat Standard of care A different defendant Criminal Law There is a unique provision within the Northern Territory that makes a person to be responsible of a certain offence when he or she failed to administer pre-hospital care when the situation at hand happened within his or her power to act in a way that could have reduced the impact caused on the patient. It is also stated that being in possession of medical equipments drugs without documentations, and or use of such equipments and drugs is a criminal offence and is prosecuted in the court of law (Gausche-Hill, et al 2007). Reference Eburn, M. (2010). First aid/pre-hospital care. In Emergency law: rights, liabilities and duties of emergency workers and volunteers (3rd ed.). Annandale, NSW : Federation Press, pp. 38-91. Gausche-Hill, M. et al (2007). The pediatric emergency medicine resource. Sydney; Jones & Bartlett Learning Jones, R. (2007). Key Topics in Healthcare Management: Understanding the Big Picture. New York; Radcliffe Publishing Jones, A. S. (1992). Advanced emergency care for paramedic practice. California; J.B. Lippincott Greaves, I. (2007). Emergency Care: A Textbook for Paramedics. Sydney; Elsevier Health Sciences Myers, J. E. B. (2007). Legal issues in child abuse and neglect practice. Chicago; SAGE Publishers   PART THREE: A REEFLECTIVE REPORT The Ethical or Legal Dilemma: Hurricane Katrina The Hurricane Katrina took place on 29th of August 20005 and the impact was greatly felt on the existing city infrastructures, as they were seriously damaged by water currents. By the end of 31st of August, which was just after three days, most parts of the New Orleans, summarizing up to 80 percent of the total landscape, was submerged by waters (Okie, 2008). There were legal or ethical dilemmas that were identified in the overall assessment of the event that saw the destruction of property and human life. Legal Framework Criminal Law This is a law that deals with the punishment that is directed towards individuals or organizations that in one way or another are found guilty of causing undesired results or had been planning to do so. In the case Hurricane Katrina, Dr. Ann Pou and two nurses, Cheri Landry and Lori Budo, are faced with possible murder charges of four patients of whom they were treating. They initially had practiced euthanasia, which was a form of mercy killing on the four victims of Hurricane Katrina. They were charged on the account of having administered different drugs, morphine and midazolam, purposively for mercy-killing and also for alleviation of sole pain (Staunton & Chiarella, 2008). Civil Law In contrary to criminal law, civil law is concerned with the dispute resolution between groups of people and organizations. Compensation is used as a form of remedy to individuals affected, who are the victim of the situation. This compensation is aimed at helping the victims to regain their initial position, and in this case, there torts committed to different individuals as many died or got injured due to negligence and wrong-doing experienced all along (Preston, 2001). Dr. Ann Pou and the two nurses were supposed to take good care of the patients, but what they did was to help suffering patient die by giving them lethal amounts of drugs. This was considered illegal because the law does not allow the termination of human life if it is not by natural means. Ethical Principle Ethical principles play an important role in the overall decision-making process, especially on matters to do with health care. In the case of Hurricane Katrina, ethical principles were greatly violated, as the doctor and the two nurses decided to go against their professional ethics and standards and do something that they believed to be right for the victims (Okie, 2008). The following are some of the ethical principles that the doctor and the two nurses found to have violated: Beneficence This involves the aspect of considering the best option that in one way or another can be achieved by the patient. This is a principle that enables the paramedics to encourage their patients to stick on, despite the critical condition they are in at that time. Autonomy This refers to the ability of a person to control oneself; therefore, it is a right of self-determination. It is taken to be a compulsory aspect in people’s life as long as it doesn’t have any negative impact on other’s rights. Justice It involves the intervention that is taken with a purpose of restoring the existing imbalances within a given society, and in this case could be the access to power, social goods, and other basic rights that are necessary for survival. Therefore, after Hurricane Katrina was over, most of the regulatory bodies did their best to ensure that justice of people was regained. Non-Maleficence This is the aspect of avoiding all means that can probably bring harm to the patient while in the line of seeking treatment. It also involves cases of not exposing the patient and other individuals to a riskier situation. Dr. Ann Pou and the two nurses failed to observe this, and instead went a head and administered drugs that were considered to be illegal by the existing law (Staunton & Chiarella, 2008). Reference Staunton, P. & Chiarella, M. (2008). Nursing & The Law (6th ed.). Australia; Elsevier Health Sciences Publishers Preston, N. (2001). Understanding Ethics (2nd ed.). Sydney; The Federation Press. Okie, S. (2008). Dr. Pou and the Hurricane – Implication for Patient during Disaster. The England Journal of Medicine. Read More

Reference Preston, N. (2001). Understanding Ethics (2nd ed.). Sydney; The Federation Press. Jones, R. (2007). Key Topics in Healthcare Management: Understanding the Big Picture. New York; Radcliffe Publishing Reading Two: At the Beginning and End of Life Personhood and Beginning Personhood and beginning refers to the quality of being a person, and it entails the concept of how the life of human beings begun. The most intriguing issue within the idea of personhood and beginning is the explanation that is supposed to be given on the exact point where human life and value begins.

This is in relation of the time when conception happen all the way throughout life, therefore, ethical aspects tries to put this in order. In this concept, the potentiality of any individuals should be protected, which is the ability and overall capacity of a person to make improvement in a specific way. Therefore, potentiality is dependent on the chance that is normally given to a person in relation to the development measures that are supposed to be achieved and suitable achievement conditions (Greaves, 2007).

Genetic Issues The existing human behavioral and structural characteristics are determined and defined by human genetic composition. The study on such concepts has been of great importance but the concern remain on the idea of how such ideas and information is going to be protected from those individuals who are just out to gain superiority on others. It is in this state that the United Nations Education, Scientific and Cultural Organization has issued a concern and a warning for those planning to misuse such critical information for personal gain (Jones, 1992).

In this case, the aspect of human rights has come into place with a purpose of protecting the interests of human beings through various principles. Therefore, they are important claims and expectations that entailed in the basic right that applies to everyone. Abortion This is a systematic elimination of pregnancies, and it is in this issue that the ethical aspects of sexual activity, family planning, and pregnancy that normally face adults are highly tested, in line with the health care work and the overall personal lives (Myers, 2007).

Therefore, the contraception and abortion laws in any given state normally give an account of the cultural stands and other beliefs that are directed towards the ethics of choices on reproduction and overall personhood development. Treatment in Critical Situation This involves cases where health care workers normally think and act very fast, since are emergency conditions that require an immediate action. It is at this level that a choice will always be taken in relation of taking a certain step or avoiding it completely, and each of it has a degree of perceived dangers.

Therefore, as a health professional, one is tested beyond his or her limits in making decisions and at times taking chances as situation demands. Reference Jones, A. S. (1992). Advanced emergency care for paramedic practice. California; J.B. Lippincott Greaves, I. (2007). Emergency Care: A Textbook for Paramedics. Sydney; Elsevier Health Sciences Myers, J. E. B. (2007). Legal issues in child abuse and neglect practice. Chicago; SAGE Publishers PART TWO: DOCUMENT OVERVIEW Key Legal Issues for Paramedics: Overview of Eburn (2010) Eburn (2010) gives a clear view on various issues and theories that are associated with paramedical practice and the overall education that is supposed to be followed in line with the ethical standards that are set.

Therefore, he brings out an assessment on the overall development of the ambulance customs, the supposed direction of the profession and other significant issues that are appropriate to the industry. This also goes to an extent of determining the specific impacts they cause on paramedics and their practice. The following are key legal issues for paramedics: Assault This is a significant principle that refers to an action of touching an individual who has not given consent to treatment, but in the real sense such a person has a capability to provide consent to available treatment.

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