...In today’s health care, there are laws set in place to protect the well-being and best interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly influences Health Care Professionals. Tort Law Defined Tort Law can be defined as the civil wrongdoing against a person. Tort warrants claimants to seek restitution for their alleged disservice for bodily harm, effects, or character. In order to file a tort claim, the claim has to be factual or true by the party that suffered the disservice. Medical personnel and facilities can receive jail time and/or malpractice claims if found guilty of such negligence as described in the tort claim. According the Congressional Budget Office (2006), “The system has twin objectives: deterring negligent behavior on the part of providers and compensating claimants for losses (including medical costs, lost wages, and pain and suffering) they incur as the result of an injury that occurs because of negligence” (http://www.cbo.gov/ftpdocs/71xx/doc7174/04-28-MedicalMalpractice.pdf ). Torts can be divided into categories, such as negligence and intentional torts. Negligence is the most common tort...
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...ad Administrative Ethics HCS/335 Health Care Ethics and Social Responsibility February 22, 2015 William Bross Administrative Ethics When it comes to administrative ethics in the health care field, this is where ethics issues are being dealt with on a constant basis. The hard part is of keeping the ethical line between what is right and legal is not an easy thing to figure out. In this article, it talks about patients' confidentiality, and in this article it is about critical care providers are often privy to confidential information in the course of the clinic. The dilemma can arise when confidential information is requested by family members or friends of the patient. The Critical care nurses must be aware of the regulations regarding confidentiality, as well as situations where the use and disclosure of protected health information are permitted. (Critical Care Nurse.2012;32[5]:61-65) This is where the critical care nurses must take the Health Insurance Portability Accountability Act (HIPAA) laws on how important they are in the health care field, and to make sure that use the line between what is right with the confidentiality for their patients. When it comes to the health care field there are privacy and confidentiality that needs to be enforced to the areas where it comes patient privacy and confidentiality. However, in this paper the legal and ethical issues that arise from both sides, when each party is bound by separate laws, as well as what happens...
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...principles. 1.3 Describe problem-solving methodologies. Readings Read Ch. 1 of Health Care Ethics. Read Ch. 1 & 2 of Medical Law and Ethics. Read this week’s Electronic Reserve Readings. Read the Week One Read Me First. Participation Participate in class discussion. 4/10/2014 1 Discussion Questions Respond to weekly discussion questions. 4/10/2014 1 Nongraded Activities and Preparation Ethics Case Study Begin working on the Ethics Case Study due in Week Two. Learning Team Instructions Begin working on the Code of Ethics Paper due in Week Three. Review the Week One objectives and discuss additional insights and questions that may have arisen Individual Health Care Ethics Matching Exercise Complete the Health Care Ethics Matching Exercise, located on your student website. Match keywords commonly used in health care ethics to the definitions on the page. Discuss the exercise in class and turn in your answer sheet to your facilitator. 4/10/2014 15 Week Two: Application of Ethics Within Individual Organizations Details Due Points Objectives 2.1 Describe ethical principles used in health care organizations. 2.2 Explain the relationship between an organization’s culture and ethical decision-making. 2.3 Recognize the role and importance of ethical values within an organization. Readings Read Ch. 3 & 5 of Health Care Ethics. Read Ch. 8 of Medical Law and Ethics. Read this week’s Electronic Reserve Readings. Read the Week Two Read Me First...
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...My law and ethics understanding and beliefs In 1847 the American Medical Association revolutionized medicine in the United States. Members of this newly formed organization, met in Philadelphia as the first national professional medical organization in the world, dedicated themselves to establishing uniform standards for professional education, training, and conduct. They unanimously adopted the world's first national code of professional ethics in medicine. For more than 160 years since, the AMA's Code of Medical Ethics has been the authoritative ethics guide for practicing physicians. Ethics in Hand are pocket-sized guides to the Code of Medical Ethics for physicians and medical students. The Code articulates the enduring values of medicine as a profession. As a statement of the values to which physicians commit themselves individually and collectively, the Code is a touchstone for medicine as a professional community. It defines medicine’s integrity and the source of the profession’s authority to self-regulate. At the same time, the Code of Medical Ethics is a living document, evolving as changes in medicine and the delivery of health care raise new questions about how the profession's core values apply in physicians' day to day practice. The Code links theory and practice, ethical principles and real world dilemmas in the care of patients. The next time you hear a monotheist tell a non-believer that morals come from the Bible or that moral reasoning cannot provide an...
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...Ethics E-Mail Carolyn Butler The Managerial Environment of Health Care HCS/265 April 18, 2016 The University of Phoenix Send to: Oleathia King@bellsouth.net Subject: Types of Laws and Ethical Issues. Dear. Oleathia It has come to my attention that you are wanting to pursue a manager career in HealthCare. Which I have founded myself working in the healthcare industry for more than 20 years, to be an amazing career. Not only will you earn a good salary. You will enjoy job security. You will be doing the kind of work that interests you. You can live and work anywhere you want because, hospitals and other types of healthcare facilities are in almost every region of the United States. You can find a health career that fits your educational plans, you can learn hand on experience, you will have a clear path to advancement, not only do you get to work with people that are sick or dying you get to make a difference in their lives. The healthcare industry has many scholarships, financial aid programs, grants and student loans that can help you pay for going back school also. However, Otheathia, these are some of the benefit in pursuing a manager career in HealthCare. But there are other...
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...summarize what you perceive to be the top five ethical issues challenging health care delivery today? What I perceive to be the top five ethical issues challenging health care delivery today are the following: * Avoiding conflicts of interest * Balancing profits with quality of care * Equal treatment of all patients * Managing decision making capacity of the elderly and very young patients * Addressing nurses moral distress when providing care with minimal benefits The ethical philosophies and principles that would summarize these issues for me would be a combination of the Natural Law ethical theory, and the Utilitarianism ethical theory. These theories would summarize the top five ethical issues I perceive to be a challenge in health care today. Describe at least two ethical principles discussed in this week's reading material. Apply those principles to two examples of ethical challenges that exist in the delivery of health care today. Do these principles assist in overcoming the challenge or do they create more of an ethical dilemma? Why? Natural Law Ethical Theory- This principle of ethics is defined as the position that rational reflection on nature, will yield principles of good and bad that can guide human action toward fulfillment or flourishing. Utilitarianism- This principle of ethics is defined as acting so as to do the greatest good for the greatest number. Today's health care field faces many ethical challenges. One ethical challenge that healthcare...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Name: Hanadi Rabadi Course: LEG 500 Professor: Gus Weekley Date: 09/01/2014 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Propertyt Inreduction Ethical dilemma may be defined as a situation where one has to make a decision but the decision to be made has some impact on either of the choices taken. In different organizations, there are times where a manager may be faced by ethical dilemmas that he or she is supposed to look into. The process may be difficult since the manager has to deal with such situations without discriminating on any individual. Any activity that relate to business management in relation to the society, consumers, and the business itself should consider all ethical issues relating to the environment. It is important for business owners to alight ethical issues to their business plans. Ethical issues may relate to advertising and marketing, regulation of product safety, and intellectual property. Marketing and advertising, relating to any industry in the market, may have different forms of ethical issues. For example, advertising may be unethical when the content in the advertisement has unethical issues such as the use of harsh language or pictures that may not be pleasant to all age groups (Ashcroft, 2007). It is important for advertising agencies to consider all ethical factors while posting any advertisement to the public...
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...Week Two: Application of Ethics Within Individual Organizations | | Details | Due | Points | Objectives | 1 2.1 Describe ethical principles used in health care organizations. 2.2 Explain the relationship between an organization’s culture and ethical decision-making. 2.3 Recognize the role and importance of ethical values within an organization. | | | Readings | Read Ch. 3 & 5 of Health Care Ethics. Read Ch. 8 of Medical Law and Ethics. Read this week’s Electronic Reserve Readings.Read the Week Two Read Me First. | | | Participation | Participate in class discussion. | 4 of 7 days/wk | 1 | Discussion Questions | Respond to weekly discussion questions. | DQ 1: Day 2 (June 6, 2012) DQ 2: Day 4 (June 8, 2012) | 1 | Learning Team Instructions | Continue working on the Code of Ethics Paper due in Week Three. Review the Week Two objectives and discuss additional insights and questions that may have arisen. | | | Individual Ethics Case Study | Resource: Ethics Case Study Grading Criteria on your student website Read the case study in Ch. 4 of Medical Law and Ethics that begins, “Jerry McCall is Dr. William’s office assistant.” Prepare a 700- to 1050-word paper in which you answer the following questions: Does Jerry’s medical training qualify him to issue this refill order? Why or why not? * Would it make a difference if the medication requested were for control of high blood pressure that...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LEG 500 August 26, 2014 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Ethical dilemma may be defined as a situation where one has to make a decision but the decision to be made has some impact on either of the choices taken. In different organizations, there are times where a manager may be faced by ethical dilemmas that he or she is supposed to look into. The process may be difficult since the manager has to deal with such situations without discriminating on any individual. Any activity that relate to business management in relation to the society, consumers, and the business itself should consider all ethical issues relating to the environment. It is important for business owners to alight ethical issues to their business plans. Ethical issues may relate to advertising and marketing, regulation of product safety, and intellectual property. Marketing and advertising, relating to any industry in the market, may have different forms of ethical issues. For example, advertising may be unethical when the content in the advertisement has unethical issues such as the use of harsh language or pictures that may not be pleasant to all age groups (Ashcroft, 2007). It is important for advertising agencies to consider all ethical factors while posting any advertisement to the public. In addition, marketing may lead to unethical issues...
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...argue for a universal healthcare system in the United States through a comparison of feminist ethics and traditional ethics. I find that the following considerations from Virginia Held’s Ethics of Care, and Kant’s view on autonomy provide a convincing argument for universal healthcare coverage. Held In Virginia Held’s Ethics of Care, she makes six distinct statements on care ethics through a feminist point of view. 1.) “Moralities built on the image of the independent, autonomous, rational individual largely overlook the reality of human dependence and the morality for which it calls.” (Camp, 2011:48) Held is describing how interdependence is primary and one is not in control of caretaking relationships. The majority of caretaking relationships are not chosen (parents and siblings) and we have a responsibility of care to these unchosen relations. We are all interdependent on each other, not autonomous. An argument relating to health care according to the view presented by Held on feminine ethics directly confirms the point that we are not autonomous beings: “Children in particular are harmed by familial stress and developmental delays from not receiving health care, both of which can lead to behavioral problems and loss of potential. When one member is uninsured or becomes ill, there is a financial burden put on the rest of the family” (http://www.amsa.org). Universal health care coverage would allow for this family burden of stress and finances to be decreased, and in...
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...Legal Aspects of U. S. Health Care System Administration Lillie Cox Dr. A. M. Miller HSA 515 Health Care Policy, Law, and Ethics October 31, 2014 Legal Aspects of U. S. Health Care System Administration In the United States health care administration, there are lots of health laws, such as federal, state and local. The administrator will need to know these laws, because they will be interacting with top professionals at all levels. The health administrator is new to Well Care Hospital, and the hospital for the past six months has been under scrutiny for breach of medical compliance. It is important that the top administrator be concerned about the importance of his or her conduct within the health care setting; compromise the boundaries of ethics and medical conduct. This paper will also discuss the four elements required of a plaintiff, to prove medical negligence and the duties of the health care governing board in mitigating the effects of medical non-compliance, as they apply to the rules of practice set forth in the Well Care Hospital governing board manifesto. As the top health administrator, professional conduct is very important. The staff is to conduct themselves likewise. There is no room for a lot of playing around, because patients, family members, hospital directors, and the administrators are depending on each and everyone to set their difference aside, and be the professional they are. According to Wolper...
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...Professional EThics Professional Ethics Legal and ethical issues are frequently encountered in the health care setting and present unique challenges to health care professionals. Practicing nurses need to be knowledgeable with these concepts to ensure patient’s rights. In this paper, the author will describe the relationships between legal and ethical issues. In addition, the author will identify personal values and professional ethics and examine ethical theories and principles. Examples of applications of legal and ethical issues to current practice will also be provided. Relationships Between Legal and Ethical Issues “Ethics is the branch of philosophy concerned with evaluating human action” (Guido, 2010, p. 3). It is based on the principles of right and wrong and provides structure to behaviors and actions. Ethics are closely intertwined with morals and values. Morals are “personal principles that are acquired from life experiences, family and peer relationships, religion, culture, and the law” (Guido, 2010, p. 3). Values are “personal beliefs about the truths and worth of thoughts, objects, or behavior” (Guido, 2010, p. 3). Therefore, ethics are subject to an individual’s personal interpretation. In contrast, laws are rules and regulations established by some authority and enforced by judicial decision (Dictionary.com, 2011). The legal system governs actions and behaviors without regard to personal values, beliefs, and views. Laws are constantly evolving to...
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...Seminar 3 Short Paper – Healthcare Reform Philosophy of Ethics Healthcare Reform According to Teitbaum & Wilensky (2007), policies developed in different industries form an integral part of how individuals perform various activities aimed at assisting the society. Signing of Patient Protection and Affordable Act by the United States by President Barrack Obama led to a lot of changes in the health sector. The introduction of healthcare reform in the health sector act brought about many reforms that ensues affordable healthcare services to all regardless of financial status. The healthcare reform ensures every American citizen has a private or government insurance to take care of their hospital bills. In addition, more than 60% of citizens have their insurance covered by employers while Medicaid covers most low income earners, disabled people and people over the age of 65. Healthcare reform has introduced both virtue ethics and care ethics in the health sector through human resource capacity building and development and knowledge sharing as well as information management systems. The ethical issues that relate to health care requirements should ensure that clinicians and physicians have adequate training on how to handle ethical values in health problems. The health care practitioners are obligated to understand the ethical frameworks as well as moral theories related to influencing health care practices positively. Healthcare reform must follow a clear moral foundation...
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...Professional Ethics Paper Carolyn Smith HCS/478 August 15, 2011 Ann-Marie Peckham Professional Ethics Paper The purpose of this paper is to discuss the relationship among professional values, ethics, and legal issues. A person’s personal values and ethics can influence their professional values and ethics in the workplace. Finding the right balance between personal and professional views in the workplace will help foster a successful career. This paper will cover relationships between legal and ethical issues as well as personal values and professional ethics. Relationships between Legal and Ethical Issues According to Wacker-Guido & Watson (2010), there are eight ethical principles that nurses encounter when making decisions in clinical settings, autonomy, beneficence, no maleficence, veracity, justice, paternalism, fidelity, and respect or others. In other terms nurses have personal freedom, the right of self-determination, a duty to perform good actions, duty to prevent any harm for occurring to their patients, the obligation to tell the truth, treat all patients equally and fairly, allow others to make decisions for individual patients, keep promises and commitments they make, and to treat everyone with respect. Ethical values are influenced by personal feelings, and are interpreted differently depending on the beliefs of the individual. The Britannica Concise Encyclopedia defines the code of ethics for nurses as follows: The code of ethics for nurses was...
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...Ethics Case Study Tina Marie Gaddie HCS 335 Edna Wilkerson June 20,2011 Ethics Case Study It is important to understand that in this case, valium is not an anti-depressant because it can actually cause or worsen the patient’s depression. Another issue to understand is that Jerry does not have any authority to provide medical prescriptions. According to medical law and ethics, the doctors or other authorizing people such as PA or LNP must approve all medication refills. What Jerry could do is to call Dr. Williams and inform him on what his client wants because doctors carry their cell phones because they are aware they might be needed in the office at any time. In case, Jerry will get approval from Dr. Williams, then he will go ahead and issue this refill order. In case, he will issue without consultation of Dr. Williams, then he will be in big trouble because it is against medical laws. Does Jerry’s medical training qualify him to issue this refill order? Why or why not? Actually, Jerry’s medical training does not qualify him to issue this refill order because he is not qualified to issue out the valium prescription. Being both assistant medical and LNP, means that he is not qualified to issue refill order. This is because it is not his work but the work of medical doctors who qualify to issue this refill. Even though Jerry may call Dr. Williams, it may be hard to be given prescription because there is what we call informed consent in medical ethics (Hall and Bobinski...
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