Legal and Ethical Issues in Healthcare

bait attempts positive for hepatitis C. DR. metalworker who ordered the labs is also Joshs br separate-in- honor. When Dr. metalworker informs Josh that his results ordain be baseed to the public health department, asks Dr. smith not to report him as a favor since they are family and he promises to get give-and-take somewhere else. Josh is embarrassed by the manner he undertake the disease. Not only is Dr. metalworker asked to break the law by his brother-in-law, his wife, Joshs sister, who is concerned for her brother expects Dr. Smith to share the test results of his patient.If he tells her boththing without Joshs consent he will violate HIPPA. Dr Smith is worried about existence accused of malpractice if he gives in and doesnt ensure Joshs results are not only report but also that he receives proper care for the diagnoses. This case is licitly and honorablely sensitive. The determine faces issues with relationships, confidentiality, consent, reasoned requirements of tr eating communicable diseases, as well as malpractice. Legal and Ethical issues in healthcare are common. Nearly every(prenominal) decision thats made has ethical implicationsfor 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 aesculapian and nursing command of ethics. Such actions are considered serious misconduct and notify 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 patients confidentiality. Confidentiality is both an ethical and a legal issue.Keeping data about a patient confidential is a way of showing respect for the persons autonomy releasing information can damage the patient. (Greenwood, 2013). Dr. Smiths wife asks him to share medical examination exam infor mation about her brother, She feels she has the right to this information but does not discover the position she is putting her husband in. he understands her concerns for her brother, however if this were any other patient Dr. Smith would never consider discussing a patient with her. thither are also specific laws regarding the release of information under the health Insurance Portability and Accountability Act, or HIPAA.The laws define exactly what information can be released and to whom. (Greenwood, 2013). Dr. Smith needs to ensure he keeps the confidentiality of his patient and doesnt violate HIPPA. Josh is also asking Dr. Smith to break the law by not report the test results to the public health department. in that location is a legal requirement for reporting and treating communicable diseases. Reporting of cases of pathogenic diseases and related conditions has been and remains a vital step in lordly and preventing the spread of communicable disease. (CDC, 1990).Dr. Sm ith must report the positive test results according to the law however he does have a besotted relationship with his brother-in-law and does not want to stand his trust, especially with his current medical condition. Although Dr. Smith does not need consent to report the case of hepatitis C, he will need the patients consent to begin any treatment for the disease. Patients must provide informed consent for treatment to be legal. (Greenwood, 2013). Health care practitioners of all sorts face the risk of being sued for malpractice.A reason may be brought from an injury related to surgery, defective equipment or medical products, care that was omitted or a deliberate act that caused harm to a patient. (Greenwood, 2013). Dr. Smith can be sued for malpractice by anyone who contracts hepatitis C from Josh if he does not report the case and give Josh the proper treatment. By choosing to not report or treat Joshs case, Dr. Smith will be guilty of omitting care. A kind act by a caring d octor has quickly turned into a licitly and ethically nightmare. Dr.Smith chose to make his brother-in-law a patient by ordering labs that gave a positive result for hepatitis C. Dr. Smith can now face charges and lose his license to practice medicine. This whole situation could have been manusled differently and the weight down of violating medical law and ethics would not be on Dr. Smiths shoulders. There is still a way for out of the doctor to correct the situation. All he has to do is report the case of hepatitis C, and hand off his brother-in-law to another provider with no connection to ensure he does in fact receive the proper care.