ethical and legal issues in healthcare

A rapid response during pandemics is crucial, but rushing healthcare efforts can add risk to processes such as drug trials. The daily loss of life caused by the virus created an immediate healthcare crisis, prompting a rush to develop a vaccine and the enactment of social distancing measures in countries around the world. 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. Through the practice of de-anonymization, or data re-identification, anonymous data can be compared with publicly available information and matched to an individual. Due to staff shortages, a nurse is reassigned to another area, where the nursing staff lacks sufficient skill or training. Balancing care quality and efficiency. Ethical and legal dilemmas arise when the health care provider and the patient, or the patient’s family, have differing opinions on appropriate care. . Deciding how much risk is justified under the circumstances is an ongoing debate. Advances in data storage and processing technology have dramatically changed the speed and volume of data analysis capabilities and given rise to predictive analytics. 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. Even efforts to reduce waste and inappropriate use of resources, critical aspects of responsible fiscal stewardship, can unintentionally impinge on patients’ best interests. Robotics are already heavily used in healthcare; robot-assisted surgeries are now commonplace, and robotic prosthetics are advancing rapidly. A digital sensor in the pills is activated by the patient’s stomach acid and generates an electrical signal that’s picked up by a patch on the rib cage and then transmitted to a smartphone app. 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 teenager requests medication for a painful condition, but his parents refuse, based on religious beliefs. It's necessary to work … Accidental or intentional disclosure of private patient information can result in litigation, huge fines and jail time for the violator. Legal and “Ethical issues in healthcare are common. Ethical and efficient governance mechanisms are essential for the pharmaceutical sector and health care delivery. Category: Articles, News, How to Become a Nursing Home Administrator, AdventHealth University’s Master of Science in Spiritual Care Gains Important Accreditation Affirmation, Healthcare Administration in Strategy and Innovation, Advanced Imaging Certificate in Vascular Interventional Radiography, Advanced Imaging Certificate in Magnetic Resonance Imaging, Advanced Imaging Certificate in Computed Tomography, Master of Healthcare Administration in Strategy and Innovation and Master of Business Administration (MHA/MBA) Dual Degree, “How Predictive Analytics in Healthcare Is Improving Patient Care”, , “First Digital Pill Approved to Worries About Biomedical ‘Big Brother’”, , “The Medical Ethics of the Coronavirus Crisis”, , “Too Many Tests, Too Little Time: Doctors Say They Face ‘Moral Injury’ Because of a Business Model That Interferes with Patient Care”, , “U.S. 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. Here are just six of the major ethical issues facing the healthcare industry in 2020. Both ethically and legally, healthcare professionals are prohibited from sharing information about patients with other people. However, the law doesn’t apply to nongenetic predictive data. The remainder of this chapter focuses on health care issues and planning for health decisions. The first ethical violation that Dr. Smith is guilty of is having a personal relationship with a patient. However, even anonymized data can be misused. Fear of legal action may also cause providers to engage in “defensive medicine.” Writ… 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. Intervention is required if mutual respect is not shown or if boundaries are crossed. 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. How do you test the efficacy of a new medical technology without harming patients? Efforts to lasso health care costs puts increasing pressure on staff to do more with less. 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. “First, do no harm.” The seemingly simple maxim of healthcare proves far more complex when considered in the context of rapidly advancing medical technology, constant budget constraints, and new health threats. Such analysis promises more accurate diagnostic and therapeutic assessments, but assessments based purely on technology and data, no matter how accurate, lack an essential human touch. AHU Online is an investment in your future self and career. Health care professionals must maintain appropriate boundaries. When determining how strict such measures should be, lawmakers and public health officials must balance the good of communities against individual liberties, a literal life-and-death decision with substantial financial, political, and social ramifications. When ethical principles are violated, a civil lawsuit often follows. Limited resources force tough choices in quality of care. Striking a balance between quality care and efficiency can be challenging. If resolution cannot be reached, a judge may need to rule on the matter. Public health practice and ethics are intimately intertwined with public health law, which shapes the authority of the state to protect the public’s health and limits that power in the form of individual rights and structural constraints. 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. Nearly every decision that’s made has ethical implications–for patients, for providers and for healthcare leaders. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. We offer unique combination of excellence and support. 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. 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. 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). A nursing home patient offers cash to a certified nursing assistant who has money problems. 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. However, some see a future where robots care for the sick and elderly and robotic enhancements provide patients with superhuman capabilities — applications with more problematic implications. A plastic surgeon discloses names of his well-known clients at a cocktail party. An insurance company refuses to pay for a procedure or a drug that a doctor strongly believes the patient needs. Addressing ethical issues in vector-borne diseases Zika has raised many specific ethical issues, in particular regarding pregnancy. Successful treatment outcomes can give rise to deep feelings of gratitude that may possibly mistaken for physical attraction. Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. Who gets care when the number of patients exceeds a hospital’s capacity? Our programs are designed to meet your need for flexibility. 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. Many modern medical devices are capable of reporting an incredible variety of health information, with or without a patient’s knowledge. AI used for health-related predictive analysis relies on large, diverse datasets, including EHRs. Ethical Issue Facing Health Care: Electronic Patient Records One of the main ethical issues that faces health care is the security of patient information. Health care professionals struggle to help patients who lack the resources to cover the treatment they need. Genuine concern, trust and empathy should frame all interactions. Professional ethics and sexual exploitation laws prohibit inappropriate involvement with clients such as dating or accepting gifts that exceed nominal value. Because they hold large amounts of very personal data, they also carry the risk of privacy violation. The digitization of patient information provides enormous benefits. What organizations should have access to data that can predict a patient’s future health issues? Course Summary Health 301: Ethical & Legal Issues in Healthcare has been evaluated and recommended for 3 semester hours and may be transferred to over 2,000 colleges and universities. Many of the challenges facing the healthcare system in the … Health care professionals continually face ethical and legal issues in the workplace, putting them at risk for burnout. 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. 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. 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. Dr. Dpwd’s writing experience includes published research, training materials and hundreds of practical online articles. 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. A doctor treats her own family members when the family's primary care doctor is out of town. 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. Find out more about how this unique program offered through a partnership between AdventHealth University Online and Stetson University is creating leaders to shape the future of the healthcare industry. Robotic health workers offer a potential answer to labor shortages, but their use could dehumanize those they’re meant to serve and those they replace. False Claims & Whistleblower Suits. 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. 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. As healthcare data collection technology advances, the industry faces questions about how to handle automatically collected data. Hospitals May Have to Ration Care During the Pandemic. Medical professionals routinely make difficult decisions, including life-or-death calls, for patients and their families. Hospitals May Have to Ration Care During the Pandemic. Healthcare informatics is a design of communication, information, and documentation in an electronic health record (EHR). Deliberating such complex practical and moral issues is a constant challenge in healthcare administration, and medical professionals can benefit greatly from training in ethical issues and public policy. Nearly every decision that’s made has ethical implications--for patients, for providers and for healthcare leaders.“ (Larson, 2013). Malpractice and medical lawsuits can be devastating to any medical practice. There are a variety of ethical and legal issues that arise with the growing use of health information technology in clinical settings. Legally and ethically, health care professionals cannot violate patient trust, which is an essential component of treatment. The related field of precision medicine, or personalized medicine, also uses genomic data. At the same time, it has highlighted ethical issues that arise in vector-borne diseases more generally. Category: Nursing, November 15, 2020  |  The ethical code of health care professionals states that patients have the right to know the truth about their medical condition, and that they can choose treatment options. Electronic health records (EHRs) create a centralized, shareable record of a patient’s entire medical history; allow for the automation of healthcare provider workflows; and enable advanced medical assessment tools. The outbreak of the COVID-19 virus provides a grim illustration of ethical issues in pandemic planning and response. . Currently she is a dean of students at a large, public university. “ (Larson, 2013). When pandemics and other widespread medical emergencies do overwhelm the capacity of medical facilities, even starker ethical questions arise. The patient asks the X-ray technician if her doctor is disclosing everything he knows about her test results. Cite this document Summary … Download full paper File format: .doc, available for editing. Ethical issues and access to healthcare J Infus Nurs. Legal and ethical issues are prevalent in the health care industry, and in particular for the nursing practice, where nurses have daily individual contact with patients. Addressing the difficult ethical issues influencing the science and business of healthcare requires leaders with exceptional knowledge and skills. Ethical and legal dilemmas arise when the health care provider and the patient, or the patient’s family, have differing opinions on appropriate care. Ethical and legal issues, being two kinds of issues that are often brought up especially in organizations, are two terms that often clash with one another and at the same time working with one another on different occasions, as well. HIDE THIS PAPER GRAB THE BEST PAPER 98.1% of users find it useful. An Ethical and Legal Analysis”, Deloitte Insights, “Using Predictive Analytics in Health Care”, Electronic Health Reporter, “First Do No Harm: The Ethics of Healthcare in 2020”, GINAhelp.org, Genetic Information Nondiscrimination Act, Healthcare Financial Management Association, “Beyond Compliance: Healthcare CFOs Face Many Situations in Which Ethics Can Guide Decision-making”, HealthITAnalytics, “What Are Precision Medicine and Personalized Medicine?”, HealthTech, “How Predictive Analytics in Healthcare Is Improving Patient Care”, Medical Xpress, “Artificial Intelligence in Medicine Raises Legal and Ethical Concerns”, National Center for Biotechnology Information, “Considerations for Ethics Review of Big Data Health Research: A Scoping Review”, RoboticsBiz, “8 Ethical Issues in the Use of Robotics in Healthcare”, STAT, “Research in the Time of Coronavirus: Keep It Ethical”, The Conversation, “The Coronavirus Pandemic Is Forcing Us to Ask Some Very Hard Questions. Wrestling with equal treatment vs. VIP treatment for donors and other influential people. 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. Nurses are subject to a plethora of legal, ethical, and professional duties which can be very challenging on a day to day basis. AI refers to the ability of computers to mimic human intelligence and learning. 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. Protecting patient privacy is essential, in accordance with the Health Insurance Portability and Accountability Act. Patient safety may be compromised, resulting in injury and lawsuits. The use and effectiveness of population health is increasing in the era of big data, which can be used to find links between diseases and specific environments or socioeconomic groups. A health care professional may be torn between the ethics of beneficence (doing good) and autonomy (respecting patient’s wishes). May-Jun 2006;29(3):165-70. doi: 10.1097/00129804-200605000-00007. A medical coder accidentally put sensitive medical records in a hallway trash bin, instead of in the shredder. Health administrators responsible for healthcare finance management decisions may be put in a position to question, for example, whether a drug needs to be prescribed or an imaging test needs to be done. Helping students succeed has been her passion while serving in many areas of student affairs and adjunct teaching. The Legal And Ethical Issues Of Health Care Of A Child Essay. A pioneer in online health sciences programs since 2001. Issues by nature are many and, today, many issues are brought up and are questioned upon their varying natures. 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. Principles of the Ethical Practice of Public Health external icon The Code is intended principally for public and other institutions in the United States that have an explicit public health mission. This is an ethical concern that has legal implications. 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. 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