Legal and Ethical Issues for Health Professionals Paper Example

Introduction

Healthcare professionals usually face several legal and ethical issues at their workplace which puts them in a dilemma (Pozgar, G. D. 2016). The healthcare cost reduction dilemma puts the healthcare professionals at the edge to deliver their services for less. Sometimes, there may be limited resources at the healthcare facilities, and yet the healthcare professionals are required to provide high-quality services. At times, the safety of patients can sometimes be compromised leading to injury of the patient and the possible lawsuit for the healthcare professional. To solve such situations, the health care professionals are required to observe the existing ethical and legal issues that guide the profession such as the moral principles of justice, autonomy, and doing well always (Pozgar, G. D. 2016).

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Informed consent

The healthcare code of ethics gives patients the right to be told the real information concerning their health and gives them the freedom to choose which treatment option to be administered. The healthcare professional must provide complete and comprehensible information so that the patient may be able to make the choicest decisions (Pozgar, G. D. 2016). Legal and ethical dilemma happens when the patient's family or the patient and the doctor have differing opinions concerning the appropriate care to be administered. In this case, the healthcare professional may be subjected to a stressful situation, either to observe the ethics of doing good or to follow the interest of the patient. Sometimes, that can be so much tough that the aid of the judge is sought (Pozgar, G. D. 2016).

For example:

• A teenager may seek medication for his or her painful situation, but the parents refuse on religious grounds.
• A doctor disagrees with the patient who requests to forgo treatment.
• A patient's family is requesting a doctor not to tell the patient that the test reveals a malignant tumor.

Professional boundaries

The healthcare professionals must always observe limits between them and patients. They need to respect the vulnerability of patients at all times (Pozgar, G. D. 2016). Sometimes, when patients get successfully treated, they may express great feelings of gratitude which the healthcare professional may mistakenly interpret as a physical attraction (Pozgar, G. D. 2016). According to the healthcare professional ethics and sexual exploitation laws, the professionals should not tolerate any inappropriate engagement with patients in such matters as dating or receiving lucrative gifts whose values are above the nominal value. The doctor-patient relationship should be dictated with genuine empathy and trust. Suppose the boundaries are crossed, intervention must be considered.

For example

• A male patient is asking his nurse to go on a date with him on his discharge day.
• A female patient is telling sexist jokes to the male doctor.
• A doctor is treating his or her family member when the primary health care provider is away (Pozgar, G. D. 2016).
• A patient is offering large sums of cash to a certified nursing assistant because she has a financial shortage.

Data privacy

The Health Insurance Portability and Accountability Act require the health care professionals to protect the confidentiality of patients they attend to (Pozgar, G. D. 2016). They must be aware of the HIPAA laws and ensure not to disclose any information concerning the diagnosis of a patient. According to legal and ethics, the health care professionals should not in any way violate the patient's trust because it is the most critical treatment component. The privacy rights apply even when death has already occurred. Suppose the doctor discloses a patient's private information, either intentionally or accidentally, he or she may face litigation, a jail term or huge fines (Pozgar, G. D. 2016).

For example

• When a plastic surgeon reveals the names of his famous clients while at a party.
• When a medical secretary mails Patient X's medical records to Patient Y.
• When a medical coder accidentally places sensitive medical information in a trash bin in the hallway instead of shredding them (Pozgar, G. D. 2016).
• A case when nurses openly discuss private information about a patient in a cafeteria where the visitors can easily hear it.

Access to Care

Healthcare professionals usually sign an oath preventing them from harming their patients, this sometimes poses legal and ethical dilemma (Pozgar, G. D. 2016). It can be challenging striking a balance between providing quality care and efficiency. Sometimes the patient may be lacking sufficient resources necessary for the provision of appropriate healthcare, yet doctors are required to provide the high-quality health care (Pozgar, G. D. 2016). The managed care organizations, hospital administration, and the insurance companies can also constrain the options for prescriptions and treatment. A harried medical practitioner may face a lawsuit if a patient reports that his condition was misdiagnosed (Pozgar, G. D. 2016).

For example

• When a patient with no medical cover asks a doctor for free samples of medicine which she requires.
• Reassigning a nurse to another area where she is not well conversant with the required skills and experience due to a shortage of staff.
• When an insurance company fails to cover a necessary treatment procedure or pay for a drug which the doctors deem fit for treatment of the patient's condition.
• When parents do not allow a child to access medical follow-up because of the limited insurance coverage (Pozgar, G. D. 2016).

References

Pozgar, G. D. (2016). Legal and ethical issues for health professionals.