ethical and legal issues in healthcare

Addressing ethical issues in vector-borne diseases Zika has raised many specific ethical issues, in particular regarding pregnancy. . Health care professionals struggle to help patients who lack the resources to cover the treatment they need. When pandemics and other widespread medical emergencies do overwhelm the capacity of medical facilities, even starker ethical questions arise. The remainder of this chapter focuses on health care issues and planning for health decisions. Therefore, interpretation of legal acts for allied health professionals varies greatly from state to Bonnie Fremgern, Ethical Issues in Healthcare Healthcare ethics and law are intertwined. Because they hold large amounts of very personal data, they also carry the risk of privacy violation. Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. Bio-ethicists suggest that when medical professionals practice ethical principles of autonomy, justice, doing good and doing no harm can help health care professionals resolve difficult situations. The sometimes conflicting responsibilities of supporting optimal patient outcomes and fiscal responsibility can lead to a state of “moral injury.” Describing the injury of a person’s moral conscience and values resulting from the experience of committing a moral transgression, moral injury results in feelings of shame and guilt. AI used for health-related predictive analysis relies on large, diverse datasets, including EHRs. Customized medicine and other advanced treatments raise issues of income inequality and equal access to healthcare. There are a variety of ethical and legal issues that arise with the growing use of health information technology in clinical settings. Appropriate actions may include disciplining or terminating a member of a health care team. The Job Description of a Telephone Triage Nurse, AMA: Code of Medical Ethics: Privacy, Confidentiality and Medical Records, AMN Healthcare: Five Top Ethical Issues in Healthcare. Protecting patient data is a core responsibility of healthcare providers, and the federal law restricting release of medical information strictly regulates the handling of sensitive patient health information, but the field of population health complicates issues of patient privacy. How do you test the efficacy of a new medical technology without harming patients? . Patient safety may be compromised, resulting in injury and lawsuits. These issues are a major focus for the American Medical Informatics Association (AMIA), which offers a working group for members that is specifically geared toward ongoing education about ethical, legal and social issues related to health informatics. One of the constant ethical challenges facing healthcare administrators is how to make capital allocations that strike a balance between patients’ medical needs and fiscal responsibility. Our programs are designed to meet your need for flexibility. Ethical and efficient governance mechanisms are essential for the pharmaceutical sector and health care delivery. An illegal act, or one that is against the law, is almost always unethical. They rely on extensive scientific training and increasingly sophisticated technology to do so, but their experience, instincts, and knowledge of individual patients also guide them. Protecting patient privacy is essential, in accordance with the Health Insurance Portability and Accountability Act. AI refers to the ability of computers to mimic human intelligence and learning. Malpractice and medical lawsuits can be devastating to any medical practice. An analysis that reveals a high rate of a disease in a given population could be used to focus education and treatment efforts; it could also be used to adjust insurance coverage. Here are a few legal issues that affect the healthcare system on a regular basis: Antitrust issues and ACOs – Accountable Care Organisations (ACOs) consist of groups of doctors, hospitals and other healthcare providers, who collaborate voluntarily to provide coordinated high-quality care to patients. Author Karen Trotochaud 1 Affiliation 1 Center for Ethics, Emory University, USA. With courses in innovation, strategy, and ethical issues and public policy, AdventHealth University Online’s Master of Healthcare Administration in Strategy and Innovation and Master of Business Administration (MHA/MBA) Dual Degree program develops strategic thinkers and leaders capable of making significant impacts and initiating positive change. When the World Health Organization (WHO) declared COVID-19 a pandemic in March 2020, tens of thousands of cases had been confirmed across more than 100 countries. “ (Larson, 2013). Confidentiality is linked to patient privacy, but has to do more with the conduct of the healthcare professional than with documentation. Lacking a vaccine, public health officials have fought the outbreak with social distancing measures that slow the spread of the disease, helping to mitigate outbreak spikes that overwhelm medical facilities and ultimately result in more lives lost. Confidentiality - The protection of private patient information in the medical field is one of the most important ethical issues that may arise in the field of healthcare. Potential medical applications include analysis of radiologic images. The same information that public health officials use to diagnose, treat, and promote public policies could potentially be used by insurance companies, lenders, marketers, landlords, and employers. The advent of predictive and prescriptive algorithms that can analyze large amounts of data also increases the potential privacy risks associated with stored medical specimens. Here’s One Approach.”, U.S. News & World Report, “Why Will It Take So Long for a COVID-19 Vaccine?”, World Health Organization, Ethical Issues in Global Health, December 10, 2020  |  Nurses are subject to a plethora of legal, ethical, and professional duties which can be very challenging on a day to day basis. An insurance company refuses to pay for a procedure or a drug that a doctor strongly believes the patient needs. Addressing the difficult ethical issues influencing the science and business of healthcare requires leaders with exceptional knowledge and skills. A malpractice suit is more likely to happen if a patient claims that his condition was misdiagnosed by a harried medical practitioner. Due to staff shortages, a nurse is reassigned to another area, where the nursing staff lacks sufficient skill or training. As healthcare data collection technology advances, the industry faces questions about how to handle automatically collected data. A rapid response during pandemics is crucial, but rushing healthcare efforts can add risk to processes such as drug trials. Accidental or intentional disclosure of private patient information can result in litigation, huge fines and jail time for the violator. Health care professionals must know and follow HIPPA laws, and cannot disclose patient information. Legal vs Ethical Issues . Intervention is required if mutual respect is not shown or if boundaries are crossed. Specific provisions of the Health Insurance Portability and Accountability Act, or HIPAA, define exactly what information can be released and to whom. Ethical and legal issues in the use of health information technology to improve patient safety The Institute of Medicine reports, To Err is Human and the subsequent Crossing the Quality Chasm spurred an increased attention nationally to problems in patient safety, in particular medication errors. A final theme addressed in this issue elucidates the legal and health policy conflicts that arise with the use of AI in health care. Medical researchers have long collected and stored blood and tissue samples for future research, but the value of biological samples has increased as advances have been made in genetics, genomics, and biotechnology. As a health administrator, you may be asked to work with staff to resolve complaints before these issues escalate to the point of legal action and to help ensure that your organization’s providers are basing their decisions on patients’ needs over other factors. Here are just six of the major ethical issues facing the healthcare industry in 2020. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. Cite this document Summary … Download full paper File format: .doc, available for editing. Reusing stored biological samples and data collected from research participants in past studies, as well as samples collected from patients for clinical or diagnostic purposes, raises new issues about the responsibility of healthcare providers to obtain informed consent. Who gets care when the number of patients exceeds a hospital’s capacity? Population health is the analysis of health outcomes of large groups of people. Advances in data storage and processing technology have dramatically changed the speed and volume of data analysis capabilities and given rise to predictive analytics. Wrestling with equal treatment vs. VIP treatment for donors and other influential people. 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At a time when emerging technologies such as big data and artificial intelligence (AI) are challenging the fundamental notion of what a healthcare provider is, the battle to stop a worldwide pandemic reveals just how difficult ethical issues in healthcare can become when resources are strained. Whether population health information is matched to an individual or applied in aggregate to a population, if it’s used for purposes other than promoting health, it has the potential to negatively impact those who supplied the data. Advances such as DNA mapping and bioidentical organs hold the potential to lengthen lives dramatically, but treatments that are prohibitively expensive for many or most patients violate the tenets of health equity. The term “big data” refers to the proliferation of digital information in the modern age. Legal and ethical issues arise frequently, and are commonly encountered in certain fields such as medicine, healthcare and politics. Hospitals May Have to Ration Care During the Pandemic. Striking a balance between quality care and efficiency can be challenging. This is an ethical concern that has legal implications. Links to information on ethical issues in the practice of public health. Start studying 1.04 Legal & Ethical Issues in Healthcare Study Guide. Ethical issues and access to healthcare J Infus Nurs. AdventHealth University and Stetson University Announce Partnership and MHA/MBA Dual-Degree, Healthcare Administration: Salary, Careers, and Education, American Medical Association, The Top 10 Ethical Issues Medical Students Should Be Taught, BMC Medical Ethics, “Addressing Harm in Moral Case Deliberation: The Views and Experiences of Facilitators”, BMC Medical Ethics, “Broad Consent for Biobanks Is Best — Provided It Is Also Deep”, BMC Medical Ethics, “Digital Pills: A Scoping Review of the Empirical Literature and Analysis of the Ethical Aspects”, BMC Medical Ethics, “Do Patients and Research Subjects Have a Right to Receive Their Genomic Raw Data? Medical professionals routinely make difficult decisions, including life-or-death calls, for patients and their families. Many nurses do not have formal education in legal and ethical issues, and as such as often unqualified to address these questions when they arise in the medical environment.xx… The patient asks the X-ray technician if her doctor is disclosing everything he knows about her test results. For example, digital pills, also known as smart pills, are pharmaceuticals that contain an ingestible sensor that transmits data after the pill is consumed. The doctor wants to see a child for a follow-up visit, but his parents refuse, because of  limited insurance coverage. HIDE THIS PAPER GRAB THE BEST PAPER 98.1% of users find it useful. The fact that the patient is incarcerated is only a circumstance of his or her situation and does not, and should not, change how the nurse practices or how the nurse views the patient. A medical coder accidentally put sensitive medical records in a hallway trash bin, instead of in the shredder. Ethical issues related to medical errors can be categorized around four ethical principles: autonomy and right to self-determination; beneficence and nonmaleficence; disclosure and right to knowledge; and veracity (Bonney, 2014). The doctor disagrees with the patient’s request to forgo treatment. Hospitals May Have to Ration Care During the Pandemic. Precision medicine doesn’t describe drugs or medical devices designed specifically for unique patients, but rather the tailoring of treatments to the individual characteristics of patients that have been classified using big data analytics and population health. A health care professional may be torn between the ethics of beneficence (doing good) and autonomy (respecting patient’s wishes). However, the law doesn’t apply to nongenetic predictive data. In some instances, legal regulations prohibit people from carrying out certain tasks, such as administering life-saving support, that are considered morally permissible actions. The protection of private patient information is one of the most important ethical and legal issues in the field of healthcare. Ethical and Legal Issues in Healthcare is a definitive resource for healthcare students and professionals in nursing, medicine, and the allied health sciences, providing a comprehensive overview and exploration of today's ethical and legal landscape in healthcare delivery. Both ethically and legally, healthcare professionals are prohibited from sharing information about patients with other people. Ethical and legal dilemmas arise when the health care provider and the patient, or the patient’s family, have differing opinions on appropriate care. The healthcare industry also now faces challenges related to … Many of the challenges facing the healthcare system in the … Healthcare professionals, who are themselves at risk of infection, may be forced to decide which patients should receive treatment or access to lifesaving equipment and treatment when need exceeds capacity. A doctor treats her own family members when the family's primary care doctor is out of town. . The risk of moral injury can be particularly high in a profit-driven healthcare environment where multiple factors other than patient care influence treatment decisions. Ethical and legal dilemmas arise when the health care provider and the patient, or the patient’s family, have differing opinions on appropriate care. Comments (0) Add to wishlist Delete from wishlist. Elite care … We offer unique combination of excellence and support. Legal and Ethical Issues for Health Professionals - Essay Example. Whether forming technology ethics committees, fostering greater collaboration between healthcare administrators and clinicians, or influencing regulations that protect the use of personal information and predictive data, such leaders support ethical healthcare while balancing medical and financial responsibilities. Deciding how much risk is justified under the circumstances is an ongoing debate. The technology offers a promising benefit for treating patients who struggle with medication adherence, but critics cite concerns about who should have access to such data and how it can be protected. A nursing home patient offers cash to a certified nursing assistant who has money problems. The first digital pill to be approved in the United States was a form of the antipsychotic medication aripiprazole (sold under the trade name Abilify) in 2017. 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