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Ethics and law in the field of medicine
Ethics and law in the field of medicine
Ethics and law in the field of medicine
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Ethical Theory:
For this case, I will be applying the ‘Four Quadrant’ approach in order to reveal and evaluate the various ethical dilemmas present in this clinical experience. Initially, developed by Jonsen, Siegler, and Winslade (reference2,3) in 1982, this relatively novel method of ethical analysis provides health care professionals with a practical framework for establishing an association between the circumstances of a case and their underlying ethical dimensions. This system is comprised of a series of specific questions relating to medical indications, patient preferences, quality of life, and contextual features. Essentially each quadrant addresses an important concept in medical practice, starting with the medical problem itself, the various treatment options available and their corresponding prognoses. The priorities of the patient are then identified and taken into consideration; following which it is important to establish the impact of each outcome on the individual’s health and functional status. Finally, the remaining contextual factors such as any legal and economic issues involved in the case are discussed. This stepwise approach enables the dissection of the primary ethical dilemma into a set of questions that facilitate the thinking process of the clinician and thus help reach an ethically justified decision.
Application of Ethical Tool
Indications for medical intervention
What is the medical problem?
The lady in this clinical scenario was experiencing severe choking as within a matter of seconds she was unable to speak; became progressively wheezy and cyanosed with a slightly blue skin tone; and her attempts of coughing appeared to become weaker and quieter. Seemingly, this was a life threatening emergency...
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...d argue that there is implied consent from the patient’s conduct and that the medical student is touching the patient for the benefit of her care. Conversely, the lack of awareness by the patient of the identity of the medical student could alter the validity of the patient’s consent. Conclusively, unless the patient suffered harm and could establish that the medical student was negligent, any claims by a patient would be feeble.
It is important to note that as of yet there are no specific professional guidelines on such an ethical dilemma for medical students; which in theory would be very useful for others to refer to if faced with similar challenges. In addition, the cultural and religious beliefs of the casualty was unknown and no notable resource allocation issues were present in this scenario, thus such contextual features are extraneous in this case analysis.
As population ages, clinicians will care for an increasing number of elderly patients. Just as these patients may present unique and challenging medical dilemmas, so may they also present ethical ones. Ethical dilemmas are present in everyday practice. It provides a brief overview of the situations that may raise ethical concerns. Although, these are not the only ethical concerns that may arise during care of the elderly and are not unique to the population, they represent the most common scenarios that clinicians may encounter in their everyday course of practice. Ethics, according to (Mueller, Hook & Fleming, 2004), is the analysis and identification of the moral problems that arise in the care of patients. Ethical issues on geriatrics: a guide to clinicians (2004) reports that clinicians will care for an increasing number of elderly patients with challenging medical problems.
We have one resident in the long-term facility who has stage four cancer of spinal cord and he has been suffering from intense pain. Every time when I enter his room, he cries and implore to the god that he can minimize his suffering. He has prescription of hydromorphone 8 mg every 4 hourly PRN , oxycodone 5 mg every 6 hourly and 50 mcg of fentanyl path change every 3rd day. After giving all scheduled and PRN medicine his pain level remains same as before. When I see that patients I feel like to give highest dose of medicine as well as alternative pain management therapy so that he can have some comfort but ethically I have no right to do that. He is hospice but he has no comfort at all. Following are the nine steps of Uustal ethical decision making model.
Healthcare creates unique dilemmas that must consider the common good of every patient. Medical professionals, on a frequent basis, face situations that require complicated, and at times, difficult decision-making. The medical matters they decide on are often sensitive and critical in regards to patient needs and care. In the Case of Marguerite M and the Angiogram, the medical team in both cases were faced with the critical question of which patient gets the necessary medical care when resources are limited. In like manner, when one patient receives the appropriate care at the expense of another, medical professionals face the possibility of liability and litigation. These medical circumstances place a burden on the healthcare professionals to think and act in the best interest of the patient while still considering the ethical and legal issues they may confront as a result of their choices and actions. Medical ethics and law are always evolving as rapid advances in all areas of healthcare take place.
Principles of Biomedical Ethics, by Tom Beauchamp and James F. Childress, has for many critics in medical ethics exemplified the worse sins of "principlism." From its first edition, the authors have argued for the importance and usefulness of general principles for justifying ethical judgments about policies and cases in medical ethics. The organization of their book reflects this conviction, dividing discussion of particular ethical problems under the rubrics of the key ethical principles which the authors believe should govern our moral judgments: principles of autonomy, nonmaleficence, beneficence and justice.
Patients are ultimately responsible for their own health and wellbeing and should be held responsible for the consequences of their decisions and actions. All people have the right to refuse treatment even where refusal may result in harm to themselves or in their own death and providers are legally bound to respect their decision. If patients cannot decide for themselves, but have previously decided to refuse treatment while still competent, their decision is legally binding. Where a patient's views are not known, the doctor has a responsibility to make a decision, but should consult other healthcare professionals and people close to the patient.
In conclusion, every patient is worried about their rights to care but not so much are focused on the rights of the physicians providing the care. It is hard to establish a respectable practice if you are required to perform care for instances in which you object or do not want to be a part of. This detracts from the ethical background of practice and procedure every physician should hold to the highest standard.
My sixteen week class in English 111. I was really nervous about this class. Because English has never been my strong point. This class has hard, but fun all at the same time. I learn a lot from this class. Meanwhile,the first day of class you handed a paper with a question on it. “The first thing I want to say to you who are students is that you must not think of being here to receive an education; instead, you will do much better to think of being here to claim one.” Even though putting my all in what I have learned, claiming my education with hard work because using the skills of the meal plan, as we write to different audiences and learning to be a Critically thinker as I start becoming a critically-Literate Citizenship.
The ethical situation in question is a culmination of intolerance, ignorance, cultural insensitivity, and failure to follow hospital protocols and procedures. The location of the facility in which the ethical dilemma took place is a small, rural hospital in the Midwest of the United States of America. A new male patient has been admitted and he is currently a practicing Muslim. The facility does not have a large Muslim population and does not have any cultural protocols in place to accommodate the Muslim religion.
Consent is an issue of concern for all healthcare professional when coming in contact with patients either in a care environment or at their home. Consent must be given voluntary or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act perceives every adult competent unless proven otherwise as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent because of behavioural disorder (Dimond, 2011). Consent serves as an agreement between the nurse and the patient, and allows any examination or treatment to be administered. Nevertheless, consent must be obtained in every occurrence of care as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtain consent to perform a procedure on a patient right ear. The surgeon found defect in the left ear of the patient and repaired it assuming he had obtained consent for both ear. The patient sued him and the court found the surgeon guilty of trespassing. Although there is no legal requirement that states how consent should be given, however, there are various ways a person in care of a nurse may give consent. This could be formal (written) form of consent or implied (oral or gesture) consent. An implied consent may be sufficient for taking observation or examination of patient, while written is more suitable for invasive procedure such as surgical operation (Dimond, 2011).
Chelsea, I found your discussion very interesting and enlightening regarding the ethical principles and the ethical frameworks. I am currently working in the surgical intensive care unit (SICU) and in the adult-gerontology-adult acute care nurse practitioner (AG-ACNP) program. As with the evolution in the healthcare industries, healthcare professionals continue to embark with the ethical faults. The ethical disagreement among healthcare professionals and patients are pertaining to the top choices in the healthcare industries (Bhanji, 2013).
One can say that a person’s autonomy is proof enough to decide if they choose to discontinue life saving treatment. Be that as it may, when can a medical professional decide to ignore the patient’s request? To answer this question I will be using the principlist method argue when it is necessary for a medical professional to do what is in the best interest of the patient, even if it means violating their autonomy. Autonomy, or respecting one’s actions or choices, is one of the four main principles of morality. Autonomy is a major component of informed consent and to give consent is to be competent. Thus, I will be providing information of what it means to be competent. The second principle of morality is beneficence or the obligation to help
In this diverse society we are confronted everyday with so many ethical choices in provision of healthcare for individuals. It becomes very difficult to find a guideline that would include a border perspective which might include individual’s beliefs and preference across the world. Due to these controversies, the four principles in biomedical ethic which includes autonomy, beneficence, non-maleficence and justice help us understand and explain which medical practices are ethical and acceptable. These principles are not only used to protect the rights of a patient but also the physician from being violated.
Modern society has developed an understanding and recognised the morals regarding consent as individuals have a right and interest over their body (5). Consent enables protection against unauthorised invasion of an individual’s body and can be applied to numerous scenarios, including medical care (5). A paramedic must obtain consent before treating a patient, as consent has legal and ethical aspects that must be regarded (2). It is imperative for a paramedic to maintain ethical and legal competency to assess whether a patient is competent to deny or consent to treatment as presented in the case study (3). Paramedics attended Betty, a 78-year-old female, after her son called the ambulance service. Betty is provided
... event arises and it was due to lack of assessment of genuine comprehension. I think the best system of obtain consent would incorporate a regulated system that accommodated each institution and their requirements, but also equally weighed the importance of true understanding of facts and realization of the patient’s capacity to make decisions. But even if this was established as standard practice, there would still be the issue of how the assessment is made and how accurate it is due to other influences i.e. current injury status or medications needed for full psychological and or conceptual functioning. There could also be an issue of how to regulate such a subjective issue; each physician is going to have different ethical views and this will inevitably influence how he/she assess the patient and their ability to make the best decisions concerning their health.
Another huge ethical topic is the patient’s right to choose autonomy in the refusal of life-saving medicine or treatment. This issue affects a nurse’s standards of care and code of ethics. “The nurse owes the patient a duty of care and must act in accordance with this duty at all times, by respecting and supporting the patient’s right to accept or decline treatment” (Volinsky). In order for a patient to be able make these types of decisions they must first be deemed competent. While the choice of patient’s to refuse life-saving treatment may go against nursing ethical codes and beliefs to attempt and coerce them to get treatment is trespass and would conclude in legal action. “….then refusal of these interventions may be regarded as inappropriate, but in the case of a patient with capacity, the patient must have the ultimate authority to decide” (Volinsky). While my values of the worth of life and importance of action may be different than others, as a nurse I have to learn to set that aside and follow all codes of ethics whether I have a dilemma with them or not. Sometimes with ethics there is no right or wrong, but as a nurse we have to figure out where to draw the line in some cases.