ETHICO-LEGAL ISSUES

Legal and Ethical Issues in Healthcare

Legal and Ethical Issues in Healthcare

Introduction

The advancement of technology has challenged different phases of decision making in our daily routine. The increasing levels of technology has challenged the ethical and legal standards, related to healthcare, by creating situation that require ethical judgement for decision making. The assignment identifies the importance of ethico-legal decision making in healthcare, through critical analysis of a case study, the significance of taking an ethico-legal decision, the various approaches for taking an ethico-legal decision and their consequences on the patient and the community. Further, the assignment discusses the applications of ethico-legal principles to clinical decision making and assessment of the outcomes of ethico-legal decision making on the patient, stakeholders and the community, as whole and the complexities and consequences associated to the ethico-legal decision making. Lastly, alternative techniques are discussed to minimize the ratio of ethico-legal decision making.

Discussion

Identification of Ethico-Legal Positions and Concepts within the Case Study

Ethic deals with the standard code of conduct within the context of legal standards and requires moral judgement. Growing technologies in healthcare system challenges the ethical and legal standards, and creates circumstances that require moral judgement. However, there are some basic principles associated with healthcare ethics that include: beneficence- promoting or doing good to the patients, nonmaleficence- avoiding harm to patients, autonomy- creating a situation of self-direction, and justice- treating all patients fairly and equally. In the given case study, Patty, a 65-year old Australian born lady, was admitted to an aged care service five years ago. After the death of Patty's long-term roommate cum friend, Patty did not want to continue her life and started avoiding food and medication. Therefore, Patty started losing her physical health (Schulman, 2002, pp. 499-512). Under these circumstances, it is the duty of the healthcare professionals to identify the best possible ethico-legal standard to deal with Patty's case. However, identifying an ethico-legal position is relatively hard as Patty may be avoiding food because of the depression and stress she is going through, after the loss of her only friend. Therefore, the stakeholders must ensure that the ethico-legal position they will adopt, must be for the good and benefit of Patty, it should protect and respect the moral rights of Patty, Patty must be fairly treated and the ethico-legal position must be aligned with the virtues of stakeholders. However, the case of Patty requires efficient ethical decision-making by trained ethical practitioners and taking into view the different perspectives of the stakeholders. The healthcare professionals must have the necessary knowledge, skills and background of the issue to take appropriate ethico-legal decision. The alternative actions are also needed to be examined carefully before taking any decision. Ethico-legal positions also involve decisions that are considered as good for the community, as a whole.

Identification of Consequences of Decisions

The decision in Patty's case needs to consider several aspects which are described below:

Firstly, the healthcare professionals have to try that Patty may change her decision of avoiding health treatment and refusing food, hydration ...