The first legal issue in this case is patient consent. To perform any medical intervention or move ahead with a given treatment doctors need the authorization of the patient or his legal guardian. If doctors perform the treatment without this consent they could be charged for battery or negligence. In this case, Mr. Jones verbalized he do not want any intervention and that he wants his body intact then doctors cannot undertake the proposed treatment. However, Mr. Jones daughter disagrees.…
This paper will explain the different situation that people face in their every day life. Also, the example will determine what a doctor, medical personnel, or patient should do in any situation involving health care situation. Healthcare has become a main focus of a person life especially if the have a certain disease or illness that’s not preventable. Patients who are in any type of critical condition will face very expensive medical bill for any treatment. Hence, the government is make very hard for people to get medical insurance, and the people who don’t have medical insurance is basically out of look as far as treatment.…
I think that the respect of patient's autonomy in today's policy and values is sufficient enough. In Dax's case, there were less respect of patient's autonomy relative to today's world where people say "do what you do" is more common and more respected. I think that there will always be a clash between family members, doctors, and the patients themselves. I, a person who has an Asian background, probably had the typical problem with dying family, specifically my grandfather. My grandfather was in hospital for months and the hospital bill just keeps mounting. So, my grandfather decided to go home and just take the necessary medications until he died soon after he got out of the hospital. But, my grandmother and mother did not want him to go…
“Medical Records” HCA 322 Health Care Ethics & Medical Law 06/11/2013 “Medical Records” 1 Some of the laws that bind the professional that works with medical records are the maintaining of patient medical information such as doctors’ orders, test results, x-rays, the prescriptions of different medications etc. Medical records must be precise, complete, and protected by a health care provider so that the Patient’s sensitive and personal information cannot be accessed by any third party. Medical records are kept by law for 7 years, and must be disposed of by a paper…
I believe denying patient autonomy due to opposed opinion of the norm to be unjust, and to disregard the meaning of autonomy. Autonomy is defined as “self-government, free from control”, and does not stipulate it be constrained to only rational persons. While patient autonomy does require health care providers to inform patients, it does not mandate a patient use the information. If a patient denies health care, it is their right to do so, no matter the reason. By infringing on their rights, would be to deny patient autonomy entirely. Ultimately doctors may attempt to correct what they suppose as irrational, such as refusing a potentially lifesaving blood infusion, however they cannot ignore the patient’s final decision on the matter. Doctors are not infallible; they do make mistakes which is why Malpractice suits exist. Furthermore, medical treatments are not always straightforward and Doctors sometime disagree with the proper course of action. The ultimate choice must remain with…
Clinicians are expected to provide medical services to help others. However, there is a debate about whether clinicians should treat friends and family, members also known as non-patients. “Treatment of non-patients is widespread, with some studies reporting nearly 100 percent of physicians engaging in this practice” (Latessa & Ray, 2005, p.42). A case was presented where a physician assistant (PA Brian) was asked to treat his supervising physician (Dr.Yarnell) for different medical conditions while prescribing multiple controlled substances. Legal standards provide vague ethical guidance regarding this issue and leave a lot of blank spaces open for clinician interpretation. In Dr.Yarnell and PA Brian’s case there were numerous ethical dilemmas that can be examined under the four ethical principles of medicine: beneficence, nonmaleficence, respect for autonomy, and justice.…
There is a difference between being nice and involved in a patient’s life and healthcare and being with that patient and making irrational choices for the patient because of that relationship clouding up judgement. A lot of doctors say that a relationship with a patient is unethical and unprofessional. According to a survey done by Medscape in 2012 asking 24,000 doctors, “is it ever acceptable to become involved in a romantic or sexual relationship with a patient?” 1% say that “yes” “even if it’s with a current patient”, 22% say “yes, 6 months after they stopped being a patient” and 68% say “no”. There is the last 9% that say that it depends on the situation (Physicians Top Ethical Dilemmas), which is the grey area that everyone questions.…
Surgery has become commonplace in hospitals around the world. Even the smallest of hospitals have at least one operating room. Surgeons operate in theses operating room. They operate on all types of people. From other doctors to high school dropouts, the opportunity for surgery does not take into account the amount of education a patient has obtained. Before any surgery occurs consent must be obtained. Consent is usually in the form of a preprinted letter with a spot to handwrite the name of the procedure to be preformed. Once presented to the patient they are expected to sign on the dotted line which gives permission for the procedure to be completed. The ethical dilemma with this process is the consent is to be informed. Merck (2006) wrote "consent becomes informed when the person has the ability to understand and ultimately does understand the potential benefits and risks of his decision and the alternatives to the choice he is making. When a…
I have analyzed this situation from the perspective of a Utilitarian and my own viewpoints which go hand in hand. While others may see this as morally wrong and believe it goes against a physician’s ethical code of conduct, I completely disagree. I find the physicians who have the compassion to help these patients to relieve their suffering for once and for all to be truly inspiring even when so many people will pass judgements and disagree with their decision. As I stated before, doctors have very hard jobs and constantly have people judge and disapprove of their methods and treatments and I find it admirable that they still make the best decisions and take the patients best interests into consideration, even if that means assisting their…
Within the healthcare field, a worker will have to make some ethical decisions. These decisions may be easy, but most will be hard to make. There are certain code of ethics a healthcare worker needs to follow in order to create the best work environment for them and for the patients. These are set so that everyone has an equal understanding of the ethics.…
The Bartling case was about whether William Bartling had the right, over the objection of his physicians and the hospital, to have life-support equipment disconnected despite the fact that withdrawal of such devices will surely hasten his death. When he entered Glendale Adventist Hospital in California in 1984, he was known to be suffering from emphysema and diffuse arteriosclerosis, coronary arteriosclerosis, abdominal aneurysm, and inoperable lung cancer. At the end, He had to use mechanical respiratory and chest tube to assist his breathing in the ICU. Although each of these conditions could individually be lethal, he was not diagnosed as terminally ill. At first, Mr. Bartling asked his physicians to remove the ventilator but they refused. Then Mr. Bartling attempted to remove the ventilator tubes but was unsuccessful. Eventually, to prevent his attempt, he was placed in restraints so that the tubes could remain in place. The case was taken to Los Angeles Superior Court by Mr. Scott. Because he was not considered terminally ill, the court refused either to allow the respirator to be disconnected or to order that Mr. Bartling’s hands be freed. At the second time, the case was taken to the California Court of Appeal. However, the result was that Mr. Bartling had the right to make his own decision, which was obviously different with the first time. So I think the main issue in this case is about patient’s decision-making capacity, specifically, when patient is able to make make the decision of his own medical…
The discussion on Patrick Dismuke's condition concentrated on his incapability to improve. After reviewing his symptoms and considering possible scenarios resulting from certain kinds of treatment, such as the tube that delivered nutrients into his veins that "broke the barrier between blood and air" and became "a bacteria-laden Trojan horse, opening the door to infection", we attempted to come to a consensus on what would constitute a quality life, as deliberated among the committee. We took into consideration that after every kind of surgery, his status would be temporarily improved but ultimately decline in keeping with his body's proclivity. We acknowledged that the idea of a successful stomach transplant was remote since, as described, it had only been performed in Russia and a few times in Canada on animals; in addition, Patrick was short of being physically capable in dealing with this sort of procedure.…
In modern day, health care professionals are often faced with medical decisions that affect clients seeking treatment. They are faced with situations on whether to continue care, determining the direction of care, and even deciding whom they should treat. Often, these decisions present an ethical dilemma. According to McConnell (2014), the features of a moral dilemma consist of a situation where the $$$$agent is required to do each of two (or more) actions; the agent can do each of the actions; but the agent cannot do both (or all) of the actions. The agent thus seems condemned to moral failure; no matter what she does, she will do something wrong (or fail to do something that she ought to do).…
The Patient’s Bill of Rights applies to the situation because a individual has the right to make sound decisions own their own if competent. A patients bill of rights statement is a statement of the rights to which patients are entitled as recipients of medical care.…
According to (Taylor, 2008), “informed consent is a formal authorization by the child’s parents or guardian allowing an invasive procedure to be performed or for participation in research.” Usually before a heath care profession can even touch a patient a consent form must be signed. Informed consent is required in all heath care agencies. It is vital that the health care workers and patients understand what the consent form consist of and that they make sure that all elements are present before obtaining consent. To obtain consent these basic elements must be included. The patient or guardian must be informed about the procedure and all the possible outcomes, alternatives, risks, and must understand that there is no certainty on outcome (Taylor, 2008).They must also understand why they are giving consent and should be able to repeat in their own words for which they are giving consent. It is a must that they are competent in their decision. To achieve this they must not be under the influence of any drugs, stress, pain, or any thing else that could distract them from the ability to make a decision. The patient must also be willing to give consent and must not be forced into any decision. The patient must also be informed that they are able to refuse treatment at any time without penalty. If consent is not obtained or doesn’t contain any one of these elements it is punishable by law. The nurse can…