ETHICAL ASPECTS

Legal and Ethical Aspects of Health and Social Care



Introduction3

Case Scenario4

Ethical Aspects5

Utilitarian Perspective6

Deontological Perspective7

Consent7

Disclosure of Information8

Data Protection Act9

Maintaining Confidentiality10

Benefits and Harms of Disclosure/Non-Disclosure10

Legal Aspects11

Balancing Harm12

Comparison with Disclosure of Genetic Information12

Other Cases13

Serious Communicable Diseases14

Conflicts14

Respect for Autonomy vs. Failure to Respect Confidentiality14

Effect on Trust15

Working Areas15

Understanding of Legal and Ethical Aspects15

Conclusion16

References18

Legal and Ethical Aspects of Health and Social Care

Introduction

There are several legal, ethical, and social aspects and implications of the healthcare that are linked with the genetic research and testing and are raised over the past decade. Consecutively, for the genetic testing and treatment to be used securely and adequately, these aspects should be considered and discussed with the patients and their families. It will be appropriate to discuss as it can make alert and responsive towards the benefits and risks.

Regarding the use and potential exploitation of genetic information, several issues have been raised. The genetic information can be at variance from various other health concerns due to its enduring implications for a single person or his family. In addition, the patients also avoid informing their families about their diseases. This in turn becomes difficult for the doctors to treat the patients as their families are unaware of the treatment being conducted. Several aspects of the social and healthcare have to be considered as the apprehensions range from the clinical and analytical legality (Burke, Zonno, Farrell, et al. 2012, pp. 39-40).

These aspects vary from patient to patient and area to area. Some patients do not inform their families and in this condition the ethical and legal aspects have to be precisely selected by the doctors. In case of HIV, there are several patients that do not want to notify their families about their diseases which are ethically and legally wrong. In the United Kingdom, the infection of undiagnosed HIV is an important dilemma and much attention is provided to it. However, the amount of undiagnosed HIV-positive people has remained the same over the last decade. Significant risk of enhanced mortality and morbidity in the people are lead by the HIV infection (BHIVA, 2009, pp. 5-6).

For the medical professionals, there are two main reasons to study the ethical and legal aspects of social and healthcare. First, to assist the doctors to work at the maximum level of professionalism by offering competent healthcare to patients. Second, to assist the doctors in avoiding the legal dilemmas that can intimidate their ability for earning a living (HIPAA, 2003, pp. 38). This paper will provide a concise overview of major legal and ethical aspects of the health and social care. In addition to the case scenario, certain theories, acts, and other cases will also be discussed for comprehending the scenario more clearly.

Case Scenario

At the local Trust hospital Bob has attended the genito-urinary clinic. He is checked by Dr Gomez and the doctor informs Bob that his test of HIV is positive. Bob is counselled by Dr Gomez so that he can speak to his sexual partners by informing them of his ...