Another Gray Area in Healthcare:
Ethics and the Law how they effect their decisions
Toni M. Cunningham
HCA 322: Health Care Ethics and Medical Law
Professor West
January 2, 2009
Ethical and legal concepts, including specific federal regulations, required of healthcare organizations to ensure the delivery of high quality healthcare that protects patient safety
Imagine this, you are fertility doctor who in the past had helped a twenty-six year old, single woman to have six babies; and now at the age of thirty-three years old that same single woman whose children are now between the ages of two and seven walks into your office and says “I am ready for my next baby”, (her last six embryos are in your possession). What would you
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82, NO. 3, SEPTEMBR (2004), the welfare of the child is one that doctors should always taken into to consideration, can the patient create a stable environment, does the patient have the means to take care of the child or children financially? If not should the doctor be able to make all of us responsible for this child? Due to the fact that the mother doesn’t have an income is going to place the needs of all fourteen children plus mom on the taxpayer; making all the death threats and angry comments on her website understandable. We all know that violence is never right; nevertheless the public anger is coming from their concern for these children and for their own pocket.
Pozgar and Santucci in their book titled Legal and Ethical Issues for Health Professionals covers artificial insemination, test tube babies and sterilization but no where did they dare to touch the in vitro process, I reviewed several books regarding the law and ethics in healthcare and none of the authors really ventured to give an opinion which led me straight to the ethics committee of the reproduction where we could obtain this information in its entirety. Not taking anything away from the other authors, there is not a lot of information available because of so many new procedures being introduced. The one thing that was consistent was the bill of patient’s
One of the major areas of strength of the AMA Code of Ethics is the principle that outlines that the physician must “regard responsibility to the patient as paramount” (American Medical Association, n.d., par. 9). This principle outlines that importance of putting the patient first in all care aspects when working with a patient. Along with this, other principles set forth in the AMA Code of Ethics, while involving other aspects of care, state that the rights of the patient shall be acknowledged and followed during patient care. It is very important that healthcare codes of ethics are clear in defining that the patient needs to be considered first and foremost.
Ethics are rules of conduct and moral principles of an individual which have various origins such as family, culture, and social environment. Given the diversity of people in the healthcare profession and the importance of providing care that is ethically sound
Administrators that practice in a healthcare setting are used to the turbulence and at times rapid change in healthcare. They find themselves in the private, public, or non-profit sectors of health care, managed care arrangements, integrated service networks, or community agencies. To be an effective manager, it is important to understand the legal and ethical principles that are included in this environment and the legal relationship between consumer and the organization. The Health Insurance Portability and Accountability Act of 1996, also known as HIPAA, was created to prevent the unauthorized release of patient information. The Office for Civil Rights enforces the HIPAA Privacy Rule, which protects the privacy of
Health care leadership begins with creating an honest environment. The core principles of ethics are beneficence (do good), nonmaleficence (do not harm), autonomy (control by the individual), and justice (fairness) (Flite and Harman 2013). Health care professionals has the responsibility of dealing with complex patient and healthcare system issues. According to, Limentani (1998), a code of ethics can assists with facilitating
The first child to ever be from using test tube techniques happened in the late 1970’s. Although many have applauded this new type of technology, there is an ethical issue on whether or not embryos should be created in test-tube knowing that fact that many are not implanted and have human development. “Octo-Mom” is a classic case that may have changed many people’s perception when it comes to in-vitro fertilization. Many felt that it was ethically wrong for her doctor to conduct that type of procedure to a woman who will not have the ability to provide adequate care for the well-being of her children who may have health issues.
The principles of ethics can assist in finding a middle ground on reproductive technologies by forcing the healthcare provider to consider first the patient and their well-being above all else, yet keeping in consideration the benefits and morality of the care they are giving. More often than not, there are more than two sides to every argument, especially when it comes to the latest reproductive technologies. “To obtain justifiable resolutions of these
Any member within the healthcare environment may be conflicted with some ethical decisions that have to be made. Ethics committees have been developed, and are required due to the number of ethical issues that present daily within hospitals and other health institutions. These committees are comprised of persons who assist patients, their families, and healthcare personnel in identifying, understanding, and quickly resolving ethical issues. Policies, procedures, and ethic codes are formulated around moral principles of beneficence, autonomy, non-maleficence, and justice.
"To continuously improve health care for the public, in collaboration with other stakeholders, by evaluating health care organizations and inspiring them to excel in providing safe and effective care of the highest quality and value” (Jointcommission.org, 2015). These requirements are regimented in the National Patient Safety Goals and are enforced via surveys and internal inspections to ensure that healthcare institutions abide by the safety mechanisms put in place to facilitate the optimal patient outcomes and environments.
Professionals in every field are always confronted with some kind of ethical issues. It has however been noted that these ethical issues become high in magnitude and extent when public officials are involved. Due to the involvement of human life, an industry like healthcare holds ethics in highest regard. Even though these healthcare practitioners are highly trained to deal with issues of these kinds, their decisions can sometimes have a lasting impact on their professional and personal lives (Edwards 2009).
All Americans require assurance and protection measures to shield their daily lives and healthcare laws, government regulations, and approaches do only that. The United States government manages these requirements with the expectation of enhancing the strength of the general population while building up the tools, alongside resources and programs to associate in the conveyance of medical care services. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) alongside the security law have affected preventive care services and how it is conveyed. HIPAA was intended to guarantee that the suitable systems were actualized to protect patient's data while getting care.
In vitro fertilisation (IVF) marks a great step forward in medical technology, and Australia is a leader in the field. IVF is now a popular procedure for couples who are infertile or are having trouble conceiving. However, it raises ethical, moral and legal issues including the rights of an individual, property rights, the definition of human life, scientific experimentation versus a potential human life, religion, costs, and community, medical and taxpayer’s rights.
For example, the Hippocratic oat, the prayer of Moses Maimonides, the bible, the Holy Koran, and the Islamic legacy, as well as cultures, traditions, and social morality have shaped and guided the development of ethical standards in the medical profession. The majority of these historical documents focus on “avoiding harm to patients” Ethics refers to a professional moral conduct. Ethics, particularly professional ethics, describes the moral actions based on professional character and ethical principles in each profession. The statements of medical ethics require the health care providers to do what is best for the patient and place the patients’ interests before the interests of the physician. Above all, the purpose of medical ethics is to protect and defend human dignity and patients’
associated with the use of advanced assisted reproductive technology (Teays&Purdy, 2001, Bioethics,Justice,&Health Care,p.648).Currently, the number of in vitro fertilization procedures that can be performed by 100 heath-care workers is about 1,000 per year. Any implication of medical and laboratory procedures that could improve results would decrease the number of healthcare workers needed and ultimately lower the cost per procedure (Teays&Purdy, 2001, Bioethics,Justice,&Health Care,p648).
This article describes how and why there has been an increase in demand even though there are ethical issues. The article states, “‘People want it. It’s legal,’ said Dr. Michael Feinman, medical director of HRC Fertility offices in Westlake Village and Encino. ‘In a competitive market, it’s obviously a way to acquire other patients’” (“Lab Methods”).
To begin with, I will provide the basic medical facts involving IVF to give a solid understanding of what goes into the whole process and what facts involving this process cause the questioning of the ethical and moral issues. Infertility affects about 4.9 million couples in the United States, or one in every twelve. Approximately one-third of infertility cases can be traced to causes in the female (Encarta). However, a small proportion of infertile