Legal and ethical issues are an integral part of the healthcare industry due to the delicate balance between standard medical practice, patient rights, and societal expectations (Naik et al., 2022). Some key areas where these issues arise include patient autonomy and informed consent, privacy and confidentiality, end-of-life care, medical malpractice, and access to healthcare (Naik et al., 2022). It is vital to ensure that patients have the right to make informed decisions regarding their medical care and treatment to uphold the principles of patient autonomy and informed consent. Therefore, this paper will look at an overview of legal and ethical issues in healthcare, their importance, and top ethical issues.
Privacy and confidentiality are critical legal and ethical concerns in healthcare, as patients have a right to protect their personal and medical information. This includes safeguarding medical records and sensitive information such as genetic tests and psychiatric assessments. End-of-life care raises several ethical and legal questions, including the right of a patient to refuse treatment or request assisted suicide. Medical malpractice is another important legal and ethical issue that involves determining whether a healthcare provider has failed to provide adequate care and caused injury to a patient (Rroy & Nayak, 2022). Access to healthcare is a complex issue that raises legal and ethical problems, including access for uninsured or underinsured patients and those living in rural or underserved areas. The following are the top legal and ethical issues in the health industry today explained in detail:
Informed Consent
Consent to treatment with knowledge is one of the most critical legal challenges in the healthcare industry. Patients have a legal right to be informed of their care status. Whether receiving medication or undergoing surgery, patients must be informed (Rroy & Nayak, 2022). However, complications occur when a healthcare expert ignores the recommendations. This dilemma arises when a healthcare worker must choose between the patient’s needs and their preferences. If a patient has differing viewpoints on the best treatment, it will be more difficult for the healthcare provider to determine the optimal course of action.
Delaying Care Before Getting Authorized
The American healthcare system has a significant problem with delaying treatment authorization. This occurs when a patient requires therapy but must wait for a doctor’s approval (Karimian et al., 2022). Frequently, healthcare personnel does all possible to aid a patient before obtaining consent. However, patients frequently must wait up to a week before receiving medical care. As this issue develops, a growing number of individuals want to expedite the authorization procedure (Karimian et al., 2022). Patients should not be required to pay high medical costs. Instead, they want medical personnel to expedite the approval process. This minimizes the length of the wait for persons with fewer resources.
Providing Non-Emergent Care to Undocumented Patients
This is the most difficult ethical and legal issue in healthcare. Patients who lack the right papers are, in fact, illegal immigrants. Numerous individuals believe that medical personnel waste public dollars by treating non-emergency illegal immigrants. Doctors fight to save lives despite the fact that many people would be angry if unauthorized immigrants received medical care. Many will go to tremendous lengths to treat illegal patients because it is unthinkable for them to turn away suffering people (Char et al., 2020). Although they are permitted to use the hospital’s resources, undocumented patients rarely do so. Even if a hospital admits unlawful patients, most patients will still receive care.
Prioritizing Who Gets Care
In overcrowded hospitals, patients sometimes face lengthy treatment wait times. When many individuals require emergency care, this becomes extremely difficult. As a result, medical practitioners are required to prioritize certain patients over others. This is now occurring in several hospitals due to COVID-19. Instead of treating everyone, doctors and nurses give priority to patients with the best chance of survival (Kaplan, 2020). Given that medical professionals must overlook certain patients, these decisions are challenging. Thankfully, this is a rare occurrence. It is probable that many healthcare personnel will encounter it at some point during their career.
Discharging the Homeless
The physician provides patients discharged from the hospital with discharge instructions. Since they can remain at home, a large majority of people can comply with the regulations. Having nowhere to sleep makes life even more difficult for the homeless. If a homeless individual obtains medical care and is instructed to rest for several weeks, they will be unable to find food (Kaplan, 2020). Therefore, healthcare professionals strive to improve the discharge procedures for homeless patients. Thanks to programs like Discharge with Dignity, homeless patients can acquire work after leaving the hospital. They address numerous needs, including those for food, medication, shelter, and clothing. These programs simultaneously enhance the demand for healthcare professionals and aid the homeless. When hospitals are obliged to comply with many new regulations, it can be difficult for them to successfully carry out their duties. Providing homeless patients with weather-appropriate attire is one of the greatest issues hospitals encounter. Due to the rapid depletion of hospital supplies, some patients are discharged without sufficient hospital gowns or clothing.
Why Legal and Ethical Issues are Important to Health Industry
Patient autonomy refers to healthcare practitioners’ legal and ethical obligation to respect patients’ rights to make informed decisions about their medical care. Patients have the right to make decisions about their health care, and they must be well-informed about their medical conditions, treatments, and any potential risks and benefits (Kaplan, 2020). Legal and ethical considerations in healthcare contribute to protecting this right for patients. Besides, legally and ethically, healthcare providers are obligated to maintain the confidentiality of patient information. In the healthcare business, legal and ethical considerations ensure that patient’s personal and medical information is kept secure and that they have the right to exercise some control over who has access to their medical data.
The resolution of moral and ethical difficulties that emerge in the medical industry is of the utmost importance for maintaining the highest quality of care for patients (Pozgar, 2019). This includes ensuring medical practitioners adhere to best practices, patients are not subjected to unnecessary or harmful treatments, and medical malpractice is prevented. Similarly, legal and ethical considerations in healthcare services ensure that all patients, regardless of socioeconomic status, race, ethnicity, or other factors, have access to the care they require. This is essential for preserving fairness and equality. This promotes fairness and equity in the healthcare system, which is a positive thing. Lastly, patients must have faith that their healthcare providers will look out for their best interests and will not violate their legal rights in the course of treatment by defining standards for medical practice and protecting patients’ rights, legal and ethical considerations in the healthcare business help to the building and maintenance of this trust.
In general, legal and ethical considerations in the healthcare business play a crucial role in ensuring that patients receive high-quality, safe, and respectful medical care and that their rights and autonomy are protected. They are crucial for building a culture of justice and equity within the healthcare system and for establishing and maintaining confidence between patients and healthcare professionals.
References
Char, D. S., Abràmoff, M. D., & Feudtner, C. (2020). Identifying ethical considerations for machine learning healthcare applications. The American Journal of Bioethics, 20(11), 7–17.
Kaplan, B. (2020). Revisiting health information technology ethical, legal, and social issues and evaluation: telehealth/telemedicine and COVID-19. International journal of medical informatics, p. 143, 104239.
Karimian, G., Petelos, E., & Evers, S. M. (2022). The ethical issues of the application of artificial intelligence in healthcare: a systematic scoping review. AI and Ethics, 2(4), 539-551.
Naik, N., Hameed, B. M., Shetty, D. K., Swain, D., Shah, M., Paul, R., … & Somani, B. K. (2022). Legal and ethical consideration in artificial intelligence in healthcare: who takes responsibility? Frontiers in surgery, 266.
Pozgar, G. D. (2019). Legal and ethical issues for health professionals. Jones & Bartlett Learning.
Rroy, A. D., & Nayak, P. (2022). Ethical issues in the health care sector: Myth or Reality? Journal of Information and Optimization Sciences, 43(7), 1517-1527.
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