PMLS I - Chapter 17 - Legal, Ethical, and Moral Issues of Health Care

Reviewer for Legal, Ethical, and Moral Issues of Health Care

Morality

A system of conduct that is right and wrong

Ethics

A set of principles relating to what is morally right or wrong; providing a standard of conduct or code of behavior. Ethical practices are usually the basis of most dealings between persons in a profession.

Bioethics

The discipline devoted to the articulation of good decisions in the practice of health care. (Paula, Walker, & Nixon, 2010)

Legal Responsibilities

Actions or behaviors authorized or based on law created and enforced by the government to promote a sense of security for each individual.

Importance of Bioethics/Health Ethics

• To be able to make responsible decisions through correct moral reasoning and well-grounded judgement in healthcare situations

• To enhance competence by understanding the patient

• To face complex ethical challenges that resulted from bioscientific developments

• Basis for legislation and public policy

Major Ethical Principles

Autonomy, Justice, Beneficence, Nonmaleficence

Autonomy

Also known as self-governance, is having the freedom to make choices about issues that affect one's life.

Justice

Fairness; to give each one what he deserves or what is his due

Beneficence

To do good; provide a benefit

Nonmaleficence

To do no, to prevent, or to remove or not to risk harm (physical, mental, psychological, social, financial, spiritual).

Right to Appropriate Medical Care and Humane Treatment

Every person has a right to health and medical care corresponding to his state of health, without any discrimination and within the limits of the resources, manpower, and competence available for health and medical care at the relevant time. The patient has the right to approach health and medical care of good quality.

Right to Informed Consent

The patient has a right to a clear, truthful, and substantial explanation, in a manner and language understandable to the patient, of all proposed procedures, whether diagnostic, preventive, curative, rehabilitative, or therapeutic, wherein the person who will perform the said procedure shall provide his name and credentials to the patient, possibilities of any risk of mortality or serious side effects, problems related to recuperation, and probability of success and reasonable risks involved.

Right to Privacy and Confidentiality

The privacy of the patients must be assured at all stages of their treatment. The patient has the right to be free from unwarranted public exposure.

Right to Information

In the course of their treatment and hospital care, the patient or their legal guardian has a right to be informed of the result of the evaluation, of the nature and extent of their disease, and other additional or further contemplated medical treatment of surgical procedure or procedures, including any other additional medicines to be administered and their generic counterpart including the possible complications and other pertinent facts, statistics, or studies, regarding their illness, any change in the plan of care before the change is made, the person's participation in the plan of care and necessary changes before its implementation, the extent to which payment maybe expected from Phil health or any pay or and any charges for which the patient may be liable, the disciplines of health care practitioners who will furnish the care and the frequency of services that are proposed to be furnished.

Right to Choose Health Care Provider and Facility

The patient is free to choose the health care provider to serve them as well as the facility except when he is under the care of a service facility or when public health and safety so demands or when the patient expressly or impliedly waives this right.

Right to Self-Determination

The patient has the right to avail themselves of any recommended diagnostic and treatment procedures. Any person of legal age and of sound mind may make an advance written directive for physicians to administer terminal care when they suffer from the terminal phase of a terminal illness.

Right to Religious Belief

The patient has the right to refuse medical treatment or procedures which may be contrary to their religious beliefs, subject to the limitations described in the preceding subsection: Provided, that such a right shall not be imposed by parents upon their children who have not reached the legal age in a life-threatening situation as determined by the attending physician or the medical director of the facility.

Right to Medical Records

The patient is entitled to a summary of his medical history and condition, at his expense and upon discharge of the patient, they may obtain from the health care institution a reproduction of the same record whether or not they have fully settled their financial obligation with the phyisican or institution concerned.

Right to Leave

The patient has the right to leave the hospital or any other health care institution regardless of his physical condition: Provided, That they are informed of the medical consequences of their decision; they release those involved in their care from any obligation relative to the consequences of their decision; their decision will not prejudice public health and safety.

Right to Refuse Participation in Medical Reserach

The patient has the right to be advised if the health care provider plans to involve him in medical research, including but not limited to human experimentation which may be performed only with the written informed consent of the patient.

Right to Correspondence and to Receive Visitors

The patient has the right to communicate with relatives and other persons and to receive visitors subject to reasonable limits prescribed by the rules and regulations of the health care institution.

Right to Express Grievances

The patient has the right to express complaints and grievances about the care and services received without fear of discrimination or reprisal and to know about the disposition of such complaints.

Right to be Informed of his Rights and Obligations as a Patient

Every person has the right to be informed of his rights and obligations as a patient.