Dental Assistant Case Study
Can he refuse to assist in this procedure? Why or why not? The main issue of this situation is that the patient has AIDS and the dental assistant has not been properly trained for these types of situations. In all health care practices, universal precautions is used for every patient regardless. The dental assistant was ethically wrong as by her reaction to the situation and poor professionalism was also demonstrated. The dental assistant was unaware of his conduct or the consequences of his reaction. If the dental assistant did in fact refuse to assist in this procedure, he can jeopardize his own job and also the office he is employed at could face legal issues. The dental assistant cannot refuse to partake in this procedure
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due to the patients disease. “The Americans with Disabilities Act (ADA) gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.” A person with the AIDS virus is protected under the ADA act as the disease is a disability.
The dental assistant is discriminating against this patient due to the patients disability. The dental assistant or the facility simply cannot refuse to treat this patient because he has AIDS. If the facility was not equipped for the procedure that the patient needed done, then the facility can refer that patient elsewhere The patient must be treated for his dental issue not being based on his medical disability. What role would risk management play in this case? Explain. The role risk management would play in this situation is to identify, analyze, and develop a solution to prevent a situation like this from happening again. Risk management will identify the risks in this situation from the patient, dental assistant, physician (Dentist), and facilities stand point and work toward a goal to improve and or eliminate a situation like this from arising again. A thorough investigation will be done on all parties of this situation. A proactive risk management may also avoid expenses or losses in the finance department due to a law suit from a situation of this instance. In this specific instance, risk management would seek the goal of highest patient
care. How does the “antidiscrimination statue” apply to this case? Explain. The Antidiscrimination act states that an imaging professional is bounded by the laws of this act. The imaging professional shall deliver patient care under the standards regardless of physical attributes, nature of disease, sex, race, creed, religion, or socioeconomic status. The ADA act falls under the anitdiscrimintation statute specifically protecting any persons with the HIV/AIDS virus that he/she technically has a disability. Again, the dental assistant is discriminating by her reaction and to possibly refuse to perform the exam. Describe which ethical “school of thought” you would subscribe to as it relates to this case and why. I believe the “school of thought” for this situation is Virtue Ethics.Virtue of ethics focused on the problem solving in using wisdom and moral character. The dental assistant has acted on virtue of ethic from a motivation but in this situation is not morally correct. Who is to say what type of action is right or wrong? The dental assistants reaction was morally wrong because he is potentially causing harm to the patient. The dental assistants reaction was based on what could possibly happen to him instead of the proper patient care for the patient.
I conclude this vignette by saying that I feel in all aspects of this scenario, this could have been prevented by using the practice of beneficence. The dental assistant was ethically and morally wrong and discriminated against the patient in a unprofessional manner.
Doreen M. Towsely-Cook 2007
Chapter 1 Ethical and Legal Foundations 2007, (p. 8-10)
Chapter 1 Ethical and Legal Foundations 2007, (p. 19)
Chapter 9 Ethical and Legal Issues for Imaging Professionals 2007, (p. 210-217)
Website:
http://www.ada.gov/pubs/hivqanda.txt
due to the patients disease. “The Americans with Disabilities Act (ADA) gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.” A person with the AIDS virus is protected under the ADA act as the disease is a disability.
The dental assistant is discriminating against this patient due to the patients disability. The dental assistant or the facility simply cannot refuse to treat this patient because he has AIDS. If the facility was not equipped for the procedure that the patient needed done, then the facility can refer that patient elsewhere The patient must be treated for his dental issue not being based on his medical disability. What role would risk management play in this case? Explain. The role risk management would play in this situation is to identify, analyze, and develop a solution to prevent a situation like this from happening again. Risk management will identify the risks in this situation from the patient, dental assistant, physician (Dentist), and facilities stand point and work toward a goal to improve and or eliminate a situation like this from arising again. A thorough investigation will be done on all parties of this situation. A proactive risk management may also avoid expenses or losses in the finance department due to a law suit from a situation of this instance. In this specific instance, risk management would seek the goal of highest patient
care. How does the “antidiscrimination statue” apply to this case? Explain. The Antidiscrimination act states that an imaging professional is bounded by the laws of this act. The imaging professional shall deliver patient care under the standards regardless of physical attributes, nature of disease, sex, race, creed, religion, or socioeconomic status. The ADA act falls under the anitdiscrimintation statute specifically protecting any persons with the HIV/AIDS virus that he/she technically has a disability. Again, the dental assistant is discriminating by her reaction and to possibly refuse to perform the exam. Describe which ethical “school of thought” you would subscribe to as it relates to this case and why. I believe the “school of thought” for this situation is Virtue Ethics.Virtue of ethics focused on the problem solving in using wisdom and moral character. The dental assistant has acted on virtue of ethic from a motivation but in this situation is not morally correct. Who is to say what type of action is right or wrong? The dental assistants reaction was morally wrong because he is potentially causing harm to the patient. The dental assistants reaction was based on what could possibly happen to him instead of the proper patient care for the patient.
I conclude this vignette by saying that I feel in all aspects of this scenario, this could have been prevented by using the practice of beneficence. The dental assistant was ethically and morally wrong and discriminated against the patient in a unprofessional manner.
Doreen M. Towsely-Cook 2007
Chapter 1 Ethical and Legal Foundations 2007, (p. 8-10)
Chapter 1 Ethical and Legal Foundations 2007, (p. 19)
Chapter 9 Ethical and Legal Issues for Imaging Professionals 2007, (p. 210-217)
Website:
http://www.ada.gov/pubs/hivqanda.txt