Analysis of Ethical and Medico-Legal Needs in Primary Care Management

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This report delves into the ethical and medico-legal considerations within primary care and health management. It discusses the application of ethical principles such as respect for autonomy and justice, and the interpretation of the Hippocratic Oath in modern healthcare settings. The report also examines the legal framework surrounding confidentiality, duty of care, and medical malpractice, highlighting the importance of adhering to legal standards and regulations. Furthermore, it addresses the significance of patient consent, the concept of vicarious liability, and the need for ongoing reviews of safety and well-being management systems within healthcare organizations. The document emphasizes patient rights, including the right to choose their healthcare providers and refuse treatment, while also stressing the importance of continuous quality improvement in healthcare practices.
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Primary care and Health management.
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Table of Contents
INTRODUCTION....................................................................................................................3
MAIN BODY............................................................................................................................3
TASK 1......................................................................................................................................3
TASK 2......................................................................................................................................3
TASK 3......................................................................................................................................3
TASK 4......................................................................................................................................3
TASK 5......................................................................................................................................3
CONCLUSION.........................................................................................................................3
REFERENCES.........................................................................................................................3
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INTRODUCTION
The concept of ethics in healthcare is generally a set of moral principles, its beliefs as
well as values which can guide the care workers as well as people in making a choice about
medical care. While thinking about the aspects of ethics in context with healthcare, specific
decisions can aid care providers to make the choices that are positive or good and fair as well.
in this, care professionals can continually face legal and ethical problems in care
organizations, putting them at an elevated risk for burnout. In this, the restricted resources
generally force the very tough choices in quality of care. The safety of patients at some point
may be compromised, containing outcomes in harm and complaints. In this, the ethical
principle such as justice, autonomy, doing good, no injury can specifically aid the care
providers or professionals to effectively resolve most difficult situations. In this report there
is a discussion about medical ethics and interpretation of Hippocratic Oath principles are
applied in care organization. There is also an explanation of medico-legal needs associated
with capacity and consent that are affecting organization (Zampieri et. at., 2021).
MAIN BODY
TASK 1
A: In this, servant leadership are generally found at every level of the care organizations and
well-being sectors. Every care professional either nurse or physician can effectively display
the effective principle of ethical leadership. But for care managers, the ethical leadership is
mainly important because ethical leadership can help a collaborative, positive as well as an
ethical cultural or organization. While delivering the ethical principles within care
organization, respect for people and their autonomy is the very third ethical principal decision
making for the managers. In this, ethical dilemmas can occur among care providers, or
patients and one of the basic or prime goal of care providers is to enhance the functions as
well as margin and promote the care organization. In context with Hippocratic Oath, it is
generally one of the first-born necessary credentials among history, the Oath written by the
Hippocrates is still apprehended consecrated by the care professionals to treat ill people to
their best capability. It can protect the privacy of patients, to educate the secrets of
medications towards upcoming generation and many more (Kankanhalli, Charalabidis and
Mellouli, 2019).
B: The legal agreement generally refers to conforming or acting in harmony with authorized
systems or the laws of an organization, country etc. The agreement under the lawful system
mainly means that following the rules or policies of an organization. The concept of legal
amenability is simply acting according to the legal or laws responsibilities. Thus, the
authority of various country or the care organizations specifically needs the people to track or
can relay on the authorized system of that particular care organization. In this, the
confidentiality generally linked to disclosure or the non-disclosure of data. A duty to honour
the confidentiality has grown with respect to data disclosed in context with confidential
relationship like among people and their care professionals, their attorney and many more. In
these types of relationships, intimate is mainly under a duty to disclose the information that is
being acquired within the development of relationships. Therefore, legislations can apply
these duties to holders of information who generally do not involve a private relationship
with patients. in context with care sectors, these can involve such of the holders as a
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utilization management firms in various states and the state or federal well-being agencies
which usually receives reports of communicable illness (Finger et. at., 2019).
C: Profession of medical generally has its own ethical parameters as well as code of conduct.
Though, any inattention by the care professionals has to be identified by adjudicators who are
actually not trained in the field of medical sciences. They can rely on opinion of experts and
can decide on the basis of the prime principles of judiciousness and rationality. In this, the
duties which care professionals owe to their patients are a duty of care in deciding whether to
undertake the case, a duty of care in deciding about what kind of treatment to provide as well
as a duty of care in administration of that treatment. In this, breaching of any of these duties
provides a right of action for disregard towards patients. A health care professional must
know about their patients to flourish in a particular action of creating the negligence, must
express that damage would not have occurred but for the abandon of care professionals. In
this, there are the basic seven principles of medical ethics such as beneficence, efficiency,
well-being maximisation, non-maleficence, respect for justice, autonomy and many more.
Furthermore, trust is an important part among the relationship of healthcare professional and
patients and confidentiality is central in this. The healthcare professionals are under both
legal and ethical duties to protect the personal information of the patients from inappropriate
expose. But, sharing of an appropriate information is generally an important part of provision
of effective and safe care (Zhang, Oo and Lim, 2019).
D: The malpractice of medical laws has conventionally been under the expert of various
unique states and not the centralized government, in context with various countries. To win
economic return for harm associated with medical negligence, a patient requires to prove that
the substandard medical care can result in a harm. The accusation of neglect should be filed
in a timely manner, this legally prescribed period is known as statue of limitation and can
vary from various states. In this, malpractice is generally defined as any of the act by a care
professional during the treatment of a patient which can deviate from the accepted norms of
practice among the medical region and can cause harm towards patients. in order to address
the malpractice of acre professionals towards legal framework, the patients should express
that the care professionals acted negligently in rendering the care and this type of negligence
can results in injury. The very four legal elements which must be proven such as a
professional duty owed towards ill people, breach of duty, specific injury that is being caused
by breach, and this can result in damage (Kah, Tufenkji and White, 2019).
TASK 2
A: In this, the element of consent is generally one of the major problems in the region of
medical treatment. It is particularly a well-known that patients must provide a valid consent
towards care treatment and it is the care professionals prerogative to refuse the treatment even
if the appropriate treatment can save someone’s life. There is no doubt that this can
effectively grow various ethical issues and ultimately falls at the heart of care organization
legislations. Furthermore, the consent is the perhaps only principle which can run through all
the aspects of well-being care provision. It specifically expresses the ethical and legal
expressions of the very primary rights to have self-determination and autonomy od an
individual. If a care professional attempts to treat a patient without valid consent, then he will
be liable under both tort as well as the criminal law (Ballantyne, 2019).
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B: The concept of Vicarious liability is generally a thought that the managers are responsible
for the mistakes or the errors which are effectively made by care workers for acts which take
place as a part of their job. It is generally does not apply in every case, but for instance when
undertaking a particular work outside their job role, if they are self-employed, or it can be in
a case of negligence. In various cases, a care professional is responsible for both overseeing
and supervising a team of the other well-being care workers like physician or nurses. If any
of the member of care team commits negligence as well as does not give a quality standard of
care, the healthcare professionals can be held liable for this. The vicarious liability is also
known as imputed negligence. In this, a care organization or a care professional can be held
liable for their care workers may come up with various defences. It is quite common for the
manager to argue that vicarious liability does not apply as a negligent person generally did
not meet the definition of an employee. This is mainly the case if negligent individual was an
independent contractor. A care organization may also argue that care provider who generally
made mistakes was not effectively working in between the defined hours. These such defence
may be countered by effectively determining job agreement of the people who are negligent
(Bluff, 2019).
C: In this, a care organization must carry out an initial review of the safety as well as well-
being management system and to follow this up with the ongoing reviews.in this, the initial
reviews must be compared with the practices of health and safety with such as the needs of
health and safety legislations. In this, the provisions must be set out in the safety statement of
organization, the health and safety guidance within organization and many more.
Furthermore, the best way to ensure about organizational policies comply with legal needs
such as stay on track with altering laws as well as regulations. As it is an ongoing process of
scanning for altering the regulations and laws, determining the regions in which it can
influence the care organization, altering the policies as well as implementing the change in
policy and monitoring. By making sure to determine about which regulations and legislations
can effectively apply to the care organization and can stay on top of the alterations. It must
ensure that the care workers are following the procedures. The policy of an organization is
not actually worth if it can not be adhered by the care workers. Specially alterations in policy
may not always be adapted by the workforce with ease, and care workers can be reluctant to
alter the practices in their daily workflow.
TASK 3
A: In this, all the patients generally involve a common right to choose their own General
Practitioners to control the care provided to them. Thus, when patients, regardless of the
payer source or type of care, voluntarily express the preferences for various care providers,
their must be honored. Every people have the right to choose a care provider as well as the
right to make their own decisions, it is all up to the people to decide which referral people
will follow up with or whether people will follow-up at all. In this, the right of the people to
choose can come with responsibilities. In context with rights to hospital treatment, every
people have the equal right to receive the treatment without any discrimination which is
actually based on their illness. It can include the well-being conditions, caste, gender, sexual
orientation and many other. In context with right to refuse treatment, it generally applies to
those who can not make the medical decisions for themselves, and towards those who can,
the only difference in how people can protect the rights of individual who can not make their
decisions for themselves. The people can refuse the care treatment for various reasons such as
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the misinformation, financial concerns, their values and beliefs (Moreno, Martínez, Muguerza
and Abascal, 2018).
B: In this, the rights of the patients are subset of human rights. The concept of the human
rights generally refers to least ethics for the various ways the people can supposed to be
treated by others, ethics generally refers to customary standards for many ways people must
treat others. In context with health care, the continuous improvement of quality is mainly
used interchangeably with total quality management. the continuous improvement of quality
has been used as a means to develop the clinical practice and is based on the specific
principle that there is an opportunity for enhancement in every procedure. Various care
organization’s program mainly concentrates on the problems generally determined by the
governing organizations like checking of documentation, reviewing the work of omission
committees and so on. In this, the clinical practice improvement is an essential approach
generally led by care professionals which can attempts an understanding of complexity of
well-being care delivery, identify a purpose collects information, assesses the findings and
then ultimately translate the specific findings into a practice alteration (Kühnen and Hahn,
2018).
TASK 4
In healthcare organization, a health and safety management system generally are a
part of the management system of an organization that can covers the well-being as well as
safety work organization and the policies within a care organization. It can involve, the
planning process for an accident as well as prevention of ill well-being, the procedures,
practices as well as the resources for improving and implementing, reviewing as well as
maintaining the health and safety policy of an organisation. In this, the key components of a
successful management of health and safety are such as the policy and commitment,
planning, operation and implementation, measuring performance, and many more. In this, a
safety as well as health policy generally sets out an approach towards safety and well-being.
It can illustrate how the managers can manage the health and safety in organization
(Monteiro, da Silva and Neto, 2019).
TASK 5
A: In this, relationship of employment is generally created when the managers and care
workers can agree upon the work which is to be performed, that the work is performed under
the supervision as well as control of the manager, care worker is paid for their work. In this,
the least terms and conditions of the employment are specifically defined in collective and
legislation agreements. The objective of employment law regulations is to give the legal
protection to care workers as well as the managers the relationship among organization. The
objectives of employment law, the social justice is particularly the dispersion of the
differences in the community and its based-on equivalence and its chances (Clauss-Ehlers et.
at., 2019).
B: In this, the discrimination within occupation and employment generally refers to the
practice which have the impacts of placing the various people in a position of disadvantage in
the care organization because of their colour, religious, race, political opinions, and many
more. In this, the discriminatory practices may be indirect or direct. In context with indirect
discrimination, it generally refers to situation, practices which are neutral but that can also
have a negative impact on persons from various groups. The direct discrimination generally
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grows when an obvious dissimilarity, prohibiting is made on one or more grounds. In context
with organization discrimination legislation such as The Equality Act 2010, specifically
protects the care workers with protected features from various biased treatment. In this, the
protected features such as marital status, sexual orientation, gender, beliefs, religion, and age.
CONCLUSION
From the above study, it is concluded that the primary management of care services
mainly deals with restructuring and upholding the well-being care generally delivered to the
patients who are actually in need. It mainly integrates to bring together the care professionals
much likely to bring the care as well as looking for insurance and billing compensation in the
very first place. It is concluded that ethical values are quite important in every healthcare
sector and for health care professionals. Ethics among care organization are essential because
the care workers must recognize the various well-being care dilemmas occurring in care
organizations, making positive judgements as well as the decisions which are specifically
based on the values while keeping among legislations which can mainly govern them.
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