Per the ruling of the court, “when a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a serious danger of violence to another,” he is required to warn the victim of that “danger” (Felthous, 2006, p. 339). With the court’s establishment of the duty to warn, the ability of the therapist to provide appropriate treatment may be limited because of the potential for breach of
Adverse and near-miss events occur in the real-world of nursing practice. The difference between an adverse event and a near miss is the outcomes of the event. Adverse events cause harm to the patient through medical care and may be through negligence, which can be preventable (Agency for Healthcare Research and Quality, 2016). A near miss is an event that might reach the patient but does not cause harm to the patient. For instance, a near miss error may reach the patient.
The plaintiffs also claimed the hospital failed to require its staff to follow well-recognized and established administrative regulations and hospital procedures. The plaintiff did not object to the omission of vicarious liability. Because the theory of hospital negligence submitted to the jury was subordinate, they must determine whether the record contained evidence from which a jury could conclude that the hospital itself went away from the standard care of practice. The defendant’s remaining arguments were as follows: they claim that two pieces of evidence were containing admissions by Carol Armstrong and that she had consented to the exams, and that the consent was very wrongfully
According to the US department of health services the most common HIPAA violation in hospitals is the impermissible uses and disclosures of protected health information. A prevalent scenario is when a health care worker accesses files of patients who are not under the worker’s care. Anyone that is not directly related to the patients’ health care or insurance is not allowed to access the patients’ health records. This can be prevented by having all employees participate in HIPPA training after a direct violation of the policy along with mandatory training before their employment. Another preventive measure is informing workers, upon employment, that electronic medical records indirectly allow for monitoring the use and misuse of patient files.
Hospitals can be sued for medical mal practice when they grant privileges to doctors that are not competent to perform procedure and failure to prevent patient form harm or death. This was the result that leading the estate to file claim against Amityville hospital for unlawful death
Autonomy: In a healthcare setting, the right of a patient to make informed choices about their body is defined as autonomy. The moral principle of respect for autonomy directs healthcare providers to refrain from preventing patients from making their own decisions unless these choices pose serious risks to the patient or society. This means that an informed and competent patient has the ability to either accept or decline treatments, surgeries and medications. From the information gathered in the assignment case, it can be assumed that Joseph is in a rational state of mind. It can be argued that the standard of autonomy has not been met since the doctor has not fully informed Joseph of the reasons why he should quit smoking and lower his BMI
The paradigm shift from beneficence to autonomy has created an ethical dilemma in the field of medicine.  Autonomy is the act that is governed by the patient without control or interference from medical personnel or others . According to this
Physician assisted suicide, although legal in some states, should remain illegal because it goes against religious and moral beliefs. “In physician assisted suicide, the physician provides the necessary means or information and the patient performs the act” (Endlink). Supporters of assisted-suicide laws believe that mentally competent people who are in misery and have no chance of long-term survival, should have the right to die if and when they choose. I agree that people should have the right to refuse life-saving treatments, written in the patient bill of rights. But they should not have the freedom to choose to end their own lives with the help of a physician.
Before disclosing confidential patient information for purposes not directly related to his or her care and treatment, there is currently a responsibility upon health professionals to consult with a patient wherever practicable. The Health and Social Care Act 2012 has stated that responsibility to consult, requires health professionals to disclose. This is at odds with other moves to support an individual's involvement in decisions that affect them. Moreover, a responsibility to consult can be shown to be a procedural aspect of the fundamental right to respect for private and family life. If a service user discloses an allegation it is important that the service provider assures the person that you are taking them seriously, the right to dignity and respect involves recognising the value of people as individuals and the specific
Patients have a right to privacy and non-interference. The healthcare professionals are obligated to give needed information to patients and relate the risks, and the benefits of a test/treatment. The detail information given will allow the patient to make the best decision on what he/she chooses to do. Hiding information about a diagnosis or not revealing the potential complications because a patient may refuse care seems unethical. Patients have the right to know about their health to make informed
Just remember this incident when you want to be inquisitive about a patient that you are not treating or accessing a patient’s medical records for no business purpose. When performing your job function, it is not a HIPAA violation if you release and/or access a patient’s PHI for treatment, payment or health operations (TPO). When accessing and/or releasing a patient’s PHI, ask yourself does this fall under the TPO exceptions? If it does, then you should just release the minimum information necessary to complete the task and if it does not, then you may need an authorization signed by the patient or his/her representative. In the event you are unsure if you can release and/or access a patient’s PHI, contact your supervisor or your organization’s Privacy Officer.
Based on these facts summary judgement was granted for Connelly. DISCUSSION AND DECISION Summary judgement is a type of motion a plaintiff or defendant can make where the judge makes a decision based on the facts of the case using the law. Summary judgement is appropriate only where there is no issue of material fact. Due to the fact that the neurologist’s testimony presented no material fact that the RSD was caused proximately by the actions of Connelly there was no further evidence to present therefore summary judgement was filed in favor of Connelly. In order to maintain a claim regarding medical malpractice, a plaintiff must show 1) a duty owed to the plaintiff by the defendant (inherent, voluntary, or statutory) 2) a breach of the duty by allowing the conduct to fall below the standard of care, and 3) a compensable injury proximately caused by the defendant’s breach of duty.
Lying and cheating are dishonest behavior that can get you in trouble. In health care the state has set up a law on personal gain. You cannot ask for, or accept monetary gain over a certain amount to improve your business. It is called the anti-kickback statute (AKS). (hhs.gov pg,4) “The AKS is a criminal law that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal health care programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients.” You might not think computers are remunerated, but any product that helps earn revenue is considered monetary.