MHA6060 HEALTH LAW AND ETHICS LECTURE

MHA6060 HEALTH LAW AND ETHICS LECTURE

MHA6060 HEALTH LAW AND ETHICS LECTURE, DISCUSSION, AND PROJECT INSTRUCTIONS.

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Ethical Theories and Principles

The term “ethics” is derived from Greek and Latin terms for custom or habit, but current usage of the term communicates a manner of action—doing what is right or good over what is wrong or bad. It is important to note here that ethics involves the how and why of what ought to be versus what is. The study of ethics provides us with a framework to make appropriate choices on the basis of some universal guidelines set by community values and laws. There are a number of different ethical theories that help to guide the development of such community values and laws that, in turn, support ethical decision making. In this course, you will explore the following ethical theories in depth:

· Consequential Ethics: A value-based theory that suggests the ends justify the means—the decision to act in a certain manner must be driven by a desired outcome to maximize good

· Utilitarian Ethics: A result-based theory that says the moral worth of an action is determined solely by its ability to maximize happiness or pleasure for all

· Deontological Ethics: A duty-based theory that originated from the work of Kant suggests that doing the right thing is important whether it results in maximum good

· Nonconsequential Ethics: An intent-based theory that denies that the consequences of behavior are the only criteria to determine moral action; right and wrong stem from the intent of the action

Ethical Theories

Review each tab to learn more.

Consequential

Right and Wrong

Rightness and wrongness of actions are determined by the consequences generated.

Goodness

Good breeds good.

Theorists

Milton Friedman and Niccolo Machiavelli

Utilitarian

Right and Wrong

Rightness and wrongness of actions are determined by a decrease in pain and increase in pleasure. (Consequential)

Goodness

Maximize the greatest good; ends justify the means.

Theorists

Jeremy Bentham and John Stuart Mills

Deontological

Right and Wrong

Rightness and wrongness of actions are determined by the role of respect and duty to others. (Nonconsequential)

Goodness

Identify and follow one’s duty, even if it does not maximize good.

Theorists

W. D. Ross and Martin Buber

Nonconsequential

Right and Wrong

Rightness and wrongness of actions is determined by the intent of the action itself, not the consequences.

Goodness

Intention-based theory, obligation is critical.

Theorists

Rene Descartes and Immanuel Kant

Ultimately, while there are a number of theories to help influence ethical conduct, there are some agreed-upon principles in healthcare that drive ethical behavior for healthcare professionals. Following are the principles:

· Autonomy: Recognizing the right of individuals to make their own decisions without interference from another

· Beneficence: Recognizing the principle of showing kindness and compassion to others and doing good

· Nonmaleficence: Recognizing the importance to avoid causing harm and to avoid options that provide no short- or long-term benefits

Developing a working knowledge of ethical theories and principles helps to provide a moral compass. This moral compass will guide the decisions you make throughout your life as individuals and as healthcare administrators, particularly as you align your organization to meet a growing body of governing healthcare laws.

Additional Materials

From your course textbook, Legal and Ethical Issues for Health Professionals, review the following chapter:

· Introduction to Ethics

From the South University Online Library, review the following articles:

· The Burden of Choice: A Qualitative Study of Healthcare Professionals’ Reactions to Ethical Challenges in Humanitarian Crises

· Eliciting, Documenting, and Honoring Patient’s Goals of Care and Life-Sustaining Treatment Decisions: Building Systems to Ensure Success (FR479)

From the Internet, review the following:

· American College of Healthcare Executives. (n.d.). About ACHE. Retrieved from https://www.ache.org/abt_ache/code.cfm

Types of Law

A law may be defined as any rule that regulates behavior and is enforced by some level of government.

Law Making

The process of law proposal, enactment, approval or repeal, and modification is carried out by the government organizations in the following ways:

Review each type to learn more.

Legislative: (Congress) This branch creates, enacts, and repeals legislation (laws).

Judicial: This branch resolves any disputes by following the word of laws.

Executive: This branch participates in the engagement and enforcement of laws. Law enforcement is accomplished by attaching a penalty designed to correct and deter future rule breaking.

Laws are categorized into the following three primary categories:

· Common law originated in the royal court of England, where the monarchy determined acceptable and unacceptable behaviors and punishments on a case-by-case basis; there are a few written guides for this type of law, and such laws are easily modified at the state level.

· Statutory law encompasses laws that originate from legislative bodies, such as the United States House of Representatives or Senate and are modified only by an existing legislature. The United States Constitution is the highest statutory law in the nation.

· Administrative laws and regulations issued by administrators to ensure compliance of individuals and organizations to the enacted statutory laws of the state or federal legislature.

As a healthcare administrator, you will participate at the administrative-law-level generating policies and procedures that keep your employees and organizations in line with statutory laws. In your professional positions, you may be presented with issues regarding tort law—wrongdoing committed against a person or property that requires remedy.

Additional Materials

From your course textbook, Legal and Ethical Issues for Health Professionals, review the following chapter:

· Development of Law

From the South University Online Library, review the following articles:

· Outlook for Federal Mental Health Policy in the 115th Congress

· The Future of Health Care Reform—Section 1332 Waivers and State-Led Reform

From the Internet, review the following:

· USA.gov. (2017). How laws are made and how to research them. Retrieved from https://www.usa.gov/how-laws-are-made

Tort Law and Medical Malpractice

Laws are enacted to benefit society through the regulation of individual actions. The primary purpose of such laws is to prevent harm and to protect rights. The types of laws that most commonly impact patients and healthcare service providers are tort law, criminal law, and contract law. As a healthcare administrator, you will want to have a working knowledge of tort law and negligence.

A tort is any wrongdoing committed against a person or property that the court can remedy with a specific action. The objectives of tort law are:

· Peacekeeping: Accomplished through the provision of options besides retaliation

· Culpability: Accomplished through the assignment of fault

· Deterrence: Accomplished through punishments designed to discourage future torts

· Compensation: Accomplished through indemnification of the wronged

In healthcare, the most common type of tort case involves negligence—any negative event stemming from carelessness or poor judgment. Such acts may include the administration of incorrect medication or performing procedures on incorrect patients and failure to administer medication or to follow up with patients with abnormal test results. Such negligence on the part of healthcare professionals is called malpractice. Acts of negligence are grouped into the following categories:

· Malfeasance: Engaging in unlawful or inappropriate acts

· Misfeasance: Performing an act improperly, thus leading to injury

· Nonfeasance: Failing to act when capable to do so

In healthcare settings, malfeasance may involve a provider who performs a procedure that is against the law, such as a late-term abortion. A case of misfeasance may involve an incorrect surgical procedure either on the wrong side or on the wrong patient. Finally, nonfeasance is when a trained provider fails to order the proper tests, procedures, or medications to promote health in a patient. Such malpractice claims are increasing in frequency not only due to an increasingly litigious society but also due to increasing demands on healthcare providers. Stress from significant student loans, limited opportunities for sleep, and multihour shifts can all contribute to medical error and malpractice.

Medical Malpractice Cases

Review each case to learn more.

Case 1

Approximately 8,000 complainants were awarded $190 million by Johns Hopkins Hospital after Dr. Nikita Levy, an established gynecologist in Baltimore, Maryland, secretly photographed his patients during medical examinations.

Case 2

Winthrop University Hospital in New York payed $62 million to Stacey Galette after the responsible physician strayed from the required care standards, causing her to have three heart attacks, skin grafts, a colostomy, and two below-the-knee amputations after a routine surgery.

Case 3

Andrea Tate was awarded $44 million by the Hospital of the University of Pennsylvania after a brain hemorrhage associated with the administration of heparin for a benign brain tumor.

Case 4

Dr. Ferdinard Ofodile was ordered to pay Allison Hugh $60 million after failing to inform the patient of potential risks and for using inappropriate surgical techniques, which resulted in a botched surgery.

Case 5

The University of Chicago paid $53 million to a twelve-year-old for a preventable brain injury that the boy sustained at birth, which confined him to a wheelchair for life without means for self-care.

Additional Materials

From your course textbook, Legal and Ethical Issues for Health Professionals, review the following chapter:

· Introduction to Law

From the South University Online Library, review the following articles:

· Court Allows HIPAA Negligence Claim

· Clinical Negligence Litigation: Balancing the Interests

· Is Access to Justice Becoming a Lost Cause?

· Week 1 Discussion

Discussion Topic

Task: Reply to this topic

Top of Form

Due August 19 at 11:59 PM

Bottom of Form

Before beginning work on this discussion forum, please review the link “Doing Discussion Questions Right” and any specific instructions for this topic.

Your initial posting should be addressed at 300–500 words. Make your post to this Discussion Area by the due date assigned.

Before the end of the week, begin commenting on at least two of your classmates’ responses. You can ask technical questions or respond generally to the overall experience. Be objective, clear, and concise. Always use constructive language, even in criticism, to work toward the goal of positive progress. Submit your responses in the Discussion Area.

MEDICAL LIABILITY TORT REFORM

As claims against physicians and hospitals for medical malpractice continue to grow, insurance companies choose to charge exorbitant insurance premiums or refuse coverage all together. Proponents of tort reform suggest a number of activities to help alleviate the pressure on physicians and hospitals, who struggle to find malpractice coverage at an affordable rate.

Tasks:

1. Explore different tort reform measures, such as limits on non-economic damages, statute of limitations, or alternative dispute resolutions.

2. Discuss the pros and cons of at least two tort reforms as they relate to medical liability reform.

3. Comment on which appears to be the most feasible approach and why.

To support your work, use your course and textbook readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.

· Week 1 Project

Assignment

Task: Submit to complete this assignment

Top of Form

Due August 23 at 11:59 PM

Bottom of Form

Before beginning work on this assignment, please review the expanded grading rubric for specific instructions relating to content and formatting.

CONSEQUENTIAL ETHICS

Each week, you will have the opportunity to explore an ethical theory—consequential ethics, utilitarian ethics, deontological ethics, and nonconsequential ethics—in the context of a case scenario from your textbook. This week, the focus will be on consequential ethics.

Consequential ethics is a value-based theory that suggests the ends justify the means—the decision to act in a certain manner must be driven by a desired outcome to maximize good.

Tasks:

1. Download and save the assignment template to your computer and update the file name to include your last name.

2. Review the assigned case in its entirety.

3. Address the questions posed in detail and with appropriate scholarly support.

To support your work, use your course and text readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.

Submission Details

. By the due date assigned, submit your document to the Submissions Area.