Legal, professional and ethical issues relating to patients The WritePass Journal

Legal, professional and ethical issues relating to patients Abstract Legal, professional and ethical issues relating to patients ). Once treatment has commenced it is legally required to obtain consent of the patient prior to the performance of any treatment that may substantially impact the patient (Bayliss, 2012). This legal right ensures that a patient is informed before possible life altering decisions are made. In some cases a layman patient will not adequately understand the full issue at hand, and therefore the professional associated with the concern should make the call (Kraus et al, 2013). This position of decision making capacity again touches on the elements that are directly related to the ethical and professional policies and positions of the institution that is providing the patient with care. Further, once care has begun, the patient is assured of continuity of care as well as confidentially (Bayliss, 2012). This legal underpinning ensures that an incapacitated patient will not have to make critical decisions immediately or during the procedure. A primary method of protection for patients and overall control for care providers rests in the legal institution of mal practice (Jonsen, Siegler and Winslade, 2006). Others argue that the institution of mal practice ties the hands of care providers by putting too many hurdles in way of effective care (Hafferty et al, 1994). Still others advocate for a mitigated form of malpractice that addresses the needs of the patient without threatening the entire structure of the provider’s livelihood (Corey et al, 2014). In cases that a providers services can be proven to be less than what was expected by the patient or the institution, there is the opportunity for financial redress. In order to mal practice to be claimed, there must be an existing patient and provider relationship acknowledged on all sides (Jonsen et al, 2006). A patient is legally entitled to a referral to a better provider if the first practitioner is unable to meet their needs (Bayliss, 2013). This area touches on the ethical responsibly of the provider to assist the patient in any reasonable manner (Corey, 2014). Others cite the potential for litigation if the referral goes wrong and there are problems for the patient (Hafferty et al, 1994). A continued source of worry for the medical profession is the looming threat of court action over a mistake or oversight on their part (Bayliss, 2013). 2.4 Professional Issues The entirety of the expected behaviour of any patient related institution is required to exhibit professional and exemplary behaviour (Corey et al, 2014). This expectation is tempered by region, financial issues and the available of competent staff (Urden, Lough, Stacy and Thelan, 2006). Many contend that care for the patient should come before financial or regulatory concerns (Bayliss, 2012). Regional and national political regulations play a large part in the establishment of professional standards as regards the treatment of patients in several areas around the world (Corey et al, 2014). A Professional perception is made up of the ethical and legal considerations that are relevant to the position, again providing a firm indication of the integrated nature of the legal, ethical and professional aspect of patient care (Bayliss, 2012). The professional will not neglect the rights of the patient in the pursuit of their goals (Corey et al, 2014). This facet reflects the need for the professional to terminate the relationship at the correct time, for the proper reason. In many cases, some professionals will make a billing cycle longer for the simple reason of increased revenue with little effort (Corey et al, 2014). Others describe this approach as overly cautious and cite the need to be certain of the outcome for the patient before any change of status should be implemented (Bayliss, 2012). This same sense of professionalism is extended to the form of treatment that a patient has the right to expect, with the best choice, not the latest trend being the choice (Stirrat et al, 2013). The patient must be given every component of information in order to provide an informed consent. Anything less than full transparency on the part of the provider is an ethical, legal and professional blunder (Corey et al, 2014). 3 Conclusion This essay examines the role of the legal, ethical and professional actions as regards the expectations of the patient. With the evidence presented in this review, there is argument for many issues that touch on all three aspects. Lacking a universal patient’s bill of rights, the issues experienced by patients seeking assistance can vary widely according to region and financial ability. The data presented in the this essay indicates that while the ideal system advocates for a fair and equal patient experience, it is often those that have the financial support that have the best care. The evidence presented here provided support for the contention that ethical decisions will benefit the professional and legal standing of the patient provider. By ensuring a high standard of care, the provider is doing everything possible ethically and morally to address the concern. This effort diminishes the potential legal ramifications that centre on the mal practice and court process. The areas of ethics, professionalism and legality correspond to create a complex environment for a patient to navigate. This makes it necessary to ensure a high standard of professionalism within the ranks of the patient provider network. There must be a balance as there cannot be an effort to placate the patient that becomes adverse to the overall treatment. Much like any other industry there is a balance that must be maintained in the relationship between provider and patient in order for the best results to be experienced. The modern world has provided patients with new and diverse opportunities for care in nearly every nation around the world. With the areas of professionalism, legality and ethics playing a building role in the way services are provided, there must be a continual and considered approach to each policy in order to ensure the rights of everypatient. In the end it will be the combination of all three aspects that create the opportunity for progress. References Baylis, F. 2010.  Health care ethics in Canada. Australia: Thomson Nelson. Corey, G. 2014.  Issues and ethics in the helping professions. [S.l.]: Cengage Learning. Edwards, S. J., Braunholtz, D. A., Lilford, R. J. and Stevens, A. J. 1999. Ethical issues in the design and conduct of cluster randomised controlled trials.  BMJ: British Medical Journal, 318 (7195), p. 1407. Ellershaw, J. and Wilkinson, S. 2003.  Care of the dying. Oxford: Oxford University Press. Frost, D. W., Cook, D. J., Heyl and Fowler, R. A. 2011. Patient and healthcare professional factors influencing end-of-life decision-making during critical illness: A systematic review*.Critical care medicine, 39 (5), pp. 11741189. Hafferty, F. W. and Franks, R. 1994. The hidden curriculum, ethics teaching, and the structure of medical education.  Academic Medicine, 69 (11), pp. 86171. Jonsen, A. R., Siegler, M. and Winslade, W. J. 2006.  Clinical ethics. New York: McGraw Hill, Medical Pub. Division. Kraus, R., Stricker, G. and Speyer, C. 2011.  Online counseling. Amsterdam: Elsevier/Academic Press. Nettina, S. M. 2013.  Lippincott manual of nursing practice. Philadelphia: Wolters Kluwer Health/Lippincott Williams Wilkins. Purtilo, R. B., Haddad, A. M. and Doherty, R. F. 2014.  Health professional and patient interaction. St. Louis, Mo.: Elsevier/Saunders. Richardson, A. and Storr, J. 2010. Patient safety: a literative review on the impact of nursing empowerment, leadership and collaboration.  International nursing review, 57 (1), pp. 1221. Solomon, M. Z., Odonnell, L., Jennings, B., Guilfoy, V., Wolf, S. M., Nolan, K., Jackson, R., Koch-Weser, D. and Donnelley, S. 1993. Decisions near the end of life: professional views on life-sustaining treatments.  American Journal of Public Health, 83 (1), pp. 1423. Stirrat, G., Johnston, C., Gillon, R. and Boyd, K. 2010. Medical ethics and law for doctors of tomorrow: the 1998 Consensus Statement updated.  Journal of Medical Ethics, 36 (1), pp. 5560. Str, Cipolle, R. J., Morley, P. C. and Frakes, M. J. 2004. The impact of pharmaceutical care practice on the practitioner and the patient in the ambulatory practice setting: twenty-five years of experience.  Current pharmaceutical design, 10 (31), pp. 39874001. Urden, L. D., Lough, M. E., Stacy, K. M. and Thelan, L. A. 2006.  Thelans critical care nursing. St. Louis: Mosby. White, K. M. and Osullivan, A. 2012.  The essential guide to nursing practice. Silver Spring, MD: American Nurses Association.