Legal and Ethical Issues in Healthcare
Josh tests positive for hepatitis C. DR. Smith who ordered the labs is also Josh’s brother-in-law. When Dr. Smith informs Josh that his results will be reported to the public health department, asks Dr. Smith not to report him as a favor since they are family and he promises to get treatment somewhere else. Josh is embarrassed by the way he contracted the disease. Not only is Dr. Smith asked to break the law by his brother-in-law, his wife, Josh’s sister, who is concerned for her brother expects Dr. Smith to share the test results of his patient.Legal and Ethical Issues in Healthcare
If he tells her anything without Josh’s consent he will violate HIPPA. Dr Smith is worried about being accused of malpractice if he gives in and doesn’t ensure Josh’s results are not only reported but also that he receives proper care for the diagnoses. This case is legally and ethically sensitive. The doctor faces issues with relationships, confidentiality, consent, legal requirements of treating communicable diseases, as well as malpractice. Legal and “Ethical issues in healthcare are common. Nearly every decision that’s made has ethical implications–for patients, for providers and for healthcare leaders.“ (Larson, 2013).
The first ethical violation that Dr. Smith is guilty of is having a personal relationship with a patient. “Relationships with patients are forbidden by both the medical and nursing code of ethics. Such actions are considered serious misconduct and can result in expulsion from the profession and losing the license to practice” (Greenwood, 2013). Because of the relationship with the patient, Dr. Smith is being asked to violate the patient’s confidentiality. “Confidentiality is both an ethical and a legal issue.Legal and Ethical Issues in Healthcare