Legal and Ethical Issues in Healthcare

tantalise tests positive for hepatitis C. DR. Smith who ordered the labs is also teases brother-in-natural faithfulness. When Dr. Smith informs Josh that his results testament be distinguished 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 trend he contracted the disease. Not only is Dr. Smith asked to break the law by his brother-in-law, his wife, Joshs sister, who is concerned for her brother expects Dr. Smith to packet the test results of his patient.If he tells her anything without Joshs consent he will violate HIPPA. Dr Smith is worried about being accused of mal consecrate if he gives in and doesnt ensure Joshs results are not only reported but also that he receives proper care for the diagnoses. This fictional character is soundly and ethically sensitive. The doctor faces issues with relationships, confidentiality, consent, legal needs of tre ating communicable diseases, as hygienic as malpractice. Legal and Ethical issues in healthcare are common. Nearly every 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 individual-to-person relationship with a patient. Relationships with patients are forbidden by both the medical and nursing code of ethics. much(prenominal) actions are considered serious misconduct and finish 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 information 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 informati on about her brother, She feels she has the right to this information but does not understand the position she is put 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. There are also specific laws regarding the release of information under the Health indemnity 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. There is a legal requirement for reporting and treating communicable diseases. Reporting of cases of infectious diseases and related conditions has been and remains a vital step in controlling and preventing the spread of communicable disease. (CDC, 1990).Dr. Smith must report t he positive test results according to the law however he does have a close relationship with his brother-in-law and does not want to lose his trust, specially 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 apprised consent for treatment to be legal. (Greenwood, 2013). Health care practitioners of all sorts face the risk of being sued for malpractice.A subject 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 kindly act by a caring doctor has quickly turned into a legally 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 handled differently and the freight of violating medical law and ethics would not be on Dr. Smiths shoulders. There is equable 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 feature receive the proper care.