Law and Ethics Assignment Sample
Added on 2021-06-17
9 Pages2796 Words96 Views
|
|
|
1Law and EthicsIntroduction.The medical profession is governed by laws and ethical principles that dictates the conduct of medical practitioners within the field. The law recognizes the rights of both patients and health care providers and anticipates to ensures that all aspects of their relationship is managed without infringing the rights of the other party. Once the patient seeks the intervention of a medical practitioner, they enter into a contract that is binding to all parties (Pattinson, 2006). The patient has to give consent before any intervention can be done. The healthcare provider has to give them all the information and allow them to make their own decisions. The patient has an obligation to pay the agreed upon fee. The law comes in to ensure that all the requirements are considered at any particular time.Ethics are the conducts that are morally and professionally acceptable (Herring, 2015).The standards are set by the professional bodies regulating them. The values they recommend are not necessarily law but they are the expectations when one is in the profession.In the case scenario, about Ross, both ethical and legal issues are sparked. The issue of a legal valid consent and advance care directive are some legal issues in question. The condition of Rossand the available option make us reconsider the principles of bioethics and how best they can be applied and upheld in the case scenarioValid consent.A consent is a legally binding document that shows that a patient has agreed for certain procedures to be performed on them (Fremgen, 2015). The validity of consent is recognized by having fulfilled the necessary requirements. Individual giving the consent must be of consensual
2age. It is mainly 18 years of age. Children below this age depend on their parents to make a consent in many cases. An individual must be well informed of any procedure. They should be well informed and allowed to make their decisions without coercion. They should also have the capacity to make the decisions, that is, not incapacitated. Mr. Ross satisfied the above. Therefore,had the right to refuse treatment and it was honored by the paramedics. A disregard to asking for a consent from a patient amounts it charges of assault and trespass. This attracts both a criminal and civil charge in a court of law. One will be prosecuted and convicted under the laws regarding consent.Paramedics authority to commence treatment.The paramedics had no legal authority to treat Mr. Ross in the ambulance following his refusal toaccept treatment. He is fit to make a decision to consent or refuse (McLean, 2017). He is of consensual age. The paramedics part was to request for consent. After making him aware of the process of inspection and examination, they are to let him make a decision on his own. They should also explain the risks accompanying this line of decision.Paramedics may have not needed the consent if he had been found unconscious or unable to make any rational judgement. In the circumstance there is a provision that allows them to go ahead and act in the best interest of the patient.Rationale of legal requirement to obtain a consent.The rationale of a consent is to uphold the right of a patient to agree or refuse treatment. The enforcement of this right is ensured through the signing of a consent. It gives them the right to decide after acquiring the sufficient information. The body of a patient is being subjected to
3invasion. They should understand the benefits and risks before deciding on the way forward (Montgomery, J. (2002).After sustaining head injury, Ross will be incapacitated to make a decision. The next of kin or a chosen proxy will assume the responsibility. After considering the available options, they should decide in the best interest of the patients. They should be ready to handle the consequences of thesurgery they agree to. Mortality is a probable consequence during surgery. To avoid any legal implications later, a consent is necessary.Options available to obtain consent.The health care practitioners can ask Mr. Ross to give consent as long as he has the mental capacity to do so (Skene & Smallwood, 2002). In the first instance, when he was taken to the base hospital, he had the capacity to make the decision. The best the medical practitioners could do is to inform him of the probable consequences by refusing cooperation.In the second instance, he was brought to the hospital unconscious. He cannot legally consent under the circumstances. The medical care practitioners are supposed to seek consent from the legally appointed proxy or kin (Mason, Laurie & Smith, 2013). This is the person who will read about the intervention in question and make a decision in the best interest of the patient. If they had made an advance health directive, it should be sought and implemented as per the wishes of the patient. The condition in question should have been addressed in the directive.In absence of such a directive or an individual or when the patient has more than on next of kin and cannot agree on a way forward, a legal procedure should be considered. An application shall be made to the supreme court for consideration of an intended procedure to be carried out.
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Ethics and Consent in Medical Practicelg...
|11
|3361
|413
Legal and Ethical Principles in Healthcarelg...
|10
|2963
|383
Medico-Legal and Ethical Issues in Healthcarelg...
|10
|2827
|101
(PDF) Hippocrates and the hippocratic oathlg...
|9
|2299
|65
Case Study with Legal Issueslg...
|10
|2575
|318
Law in Nursing - Assignmentlg...
|9
|2965
|32