Ethical and Legal Issues

Anyone legally authorized to make healthcare decisions for a person lacking such capacity has the same right of access to the person's personal medical information. Health care practitioners should routinely disclose their practices regarding privacy of personal medical information.

Inappropriate intimate relationship between a healthcare provider and patients is not allowed

A dereliction of professional duty/ failure to exercise an ordinary degree of professional skill by one rendering professional services which results in injury, loss, or damage. In other words, it is a licensed professional who failed to meet the expected standard of care within their profession.

A failure to behave with the level of care that some of the ordinary prudence would have exercised under the same circumstances. In other words, it is a failure to exercise reasonable care or caution in a particular situation.

It is both an ethical and legal obligation of medical practitioners. Health care provider educates a patient about the risks, benefits, and alternatives of a given procedure or intervention.

Ability to obtain healthcare services such as prevention, diagnosis, treatment of health-impacting conditions. In order for this to happen it must be affordable and convenient.

Anything that happens that has a legal implication specially inside the hospital and may need the help of a lawyer.

The most frequent form of malpractice which can cause severe illness or death . For example, supposed a doctor fails to diagnose a fractured knee or ankle during an emergency room visit. As a result, the patient could lose mobility in the affected leg/or face of a lifetime of chronic pain. Misdiagnosing a condition can cause serious harm.

Such mistakes can range from operating on the wrong patient or body part to failing to provide adequate post-surgical care. In addition, unsanitary conditions can cause illness and serious infections.

A patient may experience deadly consequences when a physician provides the wrong treatment of a critical illness/injury.

Result when a doctor makes an error during pregnancy. Most common type of this is cerebral palsy, wherein a newborn is deprived of oxygen during labor. Other mistakes are improper monitoring or failing to perform a C-section when necessary.

Misdiagnose a serious disease such as cancer, the consequence can be fatal. If a patient is not diagnosed when symptoms first appear, the disease is likely to progress to a stage where treatment is no longer effective.

A doctor may prescribe a wrong drug or dosage and a failure to check for drug allergies. In addition, pharmacist may misread a prescription and provide wrong medication. Errors in prescribing and administering medication.

Also known as pressure ulcers, when a patient is left in the same position for too long. It is a sign of neglect or inadequate care. If left untreated, it can become infected and lead to more serious health problems.

Common errors include failing to review patient's medical history or improperly monitoring vitals signs during surgery. A mistake made by anesthetist which can cause permanent injury, brain damage or even death.

An oral surgeon misdiagnoses oral cancer or make a mistake when a administering anastheia.

Hospital patients develop more infections more often. Many today's infection, known as "superbugs", are resistant to traditional antibiotics. Some infection are caused by negligence, such as unsanitary conditions. Staff members ignore infection prevention protocols such as handwashing and wearing masks.

It is a lack of care that demonstrates reckless disregard for the safety and lives of others, which is so great it appears to be a conscious violation of other people's rights to safety.

It is an heightened degree of negligence representing an extreme departure from the ordinary standard of care.

 

It is as willful, wanton, and reckless conduct. Affecting the life or property of another. It implies a thoughtless disregard of the consequences and the failure to use even slight care to avoid harming the life or property of another.

A tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim. Each party contributed to the incident. 

 

Specifically, when an injured victim was partially at fault because of their own negligence, the court may assigned percentage of fault to both the injured victim and the defendant.

 

It allows for the allocation of fault and damages on the degree of negligence exhibited by each party involved. The damages awarded to plaintiff are reduced proportionally based on their percentage of fault.

A common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm.

 

If the plaintiff is even at sligthly at fault, they are not entitled to any damages. This strict standard can be seen as less favorable to plaintiffs.

Liability that a supervisory party (such as an employer) bears for the actionable conduct of an associate (such as an employee) even tho he's not at fault he is still held responsible for the negligence of his employee.

Participation in a certain situation is sometimes considered proof of consent. 

 

ex: Blood Test: If a patient present himself to a hospital for medical treatment, it is generally understood that they have impliedly consented to have blood tests performed to diagnose their condition.

Direct/express consent, when individual is presented with decision on whether they authorized the collection, use, and disclosure of their personal information before data is collected.

 

Another example: During surgery the patient is presented with detailed information about the procedure. The Patient is asked to sign a consent form, acknowledging their understanding and voluntarily agrees to undergo the surgery.

Consumer being given a specific statement to agree, showing their consent by "actively" agreeing. Can be defined as another form of explicit consent.

 

ex: Check box or agree button on google form or platform's rules and regulations. Unlike Explicit Consent, it doesn't directly highlights the clarity and specificity of consent given. Instead, it emphasized the need for individuals to take a proactive and affirmative action to provide consent.

Can be seen as another type of Implied Consent where consumer is assumed to have consented unless they explicitly state otherwise.

 

It assumes that individuals are explicitly agreeing to an action by not explicitly refusing or actively dessenting. Often used in situations where the action is considered routine. Consent is assumed based on the absence of an explicit refusal or active dissent.

 

Ex: Provided waivers as consent form for the venue of the activity. The form states that if a guardian does not return a signed permission slip, it will be assumed that they have granted the consent.

The ability to decline consent at any point. Operates on the assumption that individuals are automatically considered to have given consent unless they actively choose to opt out or take specific action to dissent.

 

Ex: A website that clearly gives you an option to decline your consent. If consumer proceeds further without clearly declining the consent, consent is grandted. This type of consent is usually done in writing.