The relationship between law and ethics
**Write a 100-word reply to the 6 individual questions below.** Use APA formatting and citation standards. Use at least two (2) scholarly references published within the last 5 years to substantiate your work on questions 1-4 only.
To help you with your discussion, please consider the following questions: What;
clarification do you need regarding the posting?
- differences or similarities do you see between your posting and other classmates’ postings?
- additional questions do you have after reading the posting?
- t item you found to be compelling and enlightening.
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Kerry-
Law and Ethics are important to practitioners and managers because, without them, there would be no guide to follow, and everyone staff and patients alike would do as they please. Laws and Ethics help show what is right and what is wrong not only in healthcare but also in life. Ethics means what is right and wrong regarding how a person acts and what they do. Law is a practice or procedure that is enforced by a higher authority in regard to a profession. Law and ethics go hand-in-hand in the healthcare world and are used and practiced on a daily basis.
The relationship between law and ethics is weaved together for what people believe is good and evil. The law has the ability to force doctors and practitioners to perform what they may feel to be unethical in their practice. Doctors and practitioners who believe that the rules force them to be unethical must work within the legal world to change it to what they feel is ethical in practice. Both laws and ethics work to build a moral line for all people in healthcare and the world. Breaking an ethical code will cause embarrassment, confusion, and dissatisfaction; however, ethical principles do not carry legal penalties with them as the law does. A personal example of how law and ethics can be fused was when I replaced my hip.
anesthesiologist
I wanted to make sure that the nurses, doctors, anesthesiologist, and all other staff helping with the procedure were on the same page and that there weren’t conflicting issues among all of them. This shows ethics between all of the team, along with wanting them on the same page. I would also like to make sure that my privacy was vital, that my information would not be given out to whoever asked for it, and that my surgery, diagnosis, etc., was not talked about to other staff members not working with me personally. If this privacy were to be broken, that would be a violation of HIPPA, which is a law of protection of privacy.
There are four primary sources of law. Those are constitutional law, case law, statutory law, and administrative law. Constitutional law is derived from federal and state constitutions and is the highest law in the country. Case law, also known as common law, is a law set by legal precedent. Legal precedent means decisions made by judges in the several courts that become the rule of law even though they were not established by legislation. Statutory law is laws passed by the U.S. Congress or state legislatures. Individual laws in this group of laws are called statutes.
Statutes begin as bills at the federal or state levels. The bills then may become laws, or the governors may deny them. If the bills are passed, the laws may be altered, revoked, revised, or replaced by legislatures. Administrative law is statutes established to determine specific powers and procedures when agencies are created. Administrative agencies are created by Congress, the president, or individual state legislatures. Regulations may be passed that concern the functions of one agency, such as the IRS or OSHA.
2. Kimberly
Knowledge of law and ethics is important to healthcare practitioners and managers because it helps guide them when making decisions in their daily work. As a healthcare manager your job duties include creating new policies, implementing new procedures, and managing employees. To effectively manage a facility and employees the healthcare manager needs to be knowledgeable of the laws that govern the healthcare industry and understand the healthcare organization’s code of ethics. The healthcare organization will have a code of ethics for all employees to follow stated in their mission and vision statements with further information through the human resources department.
Healthcare practitioners are involved directly with the patients providing care. Through their education they are taught a code of morals and ethics when practicing medicine. Laws and ethics are in place to protect both the healthcare worker and the patient. It enables the healthcare practitioner to provide the best patient care and avoid potential legal issues(Judson & Harrison, 2021,p.4).
Laws are a set of societal rules enforced by public authorities, even though they are clearly written, are often still debated. Ethics are standards of conduct and moral judgment. Ethical situations are often debated because what is right from one person’s perspective is considered wrong by the opposing person. Laws are created as a minimum standard for a society to follow. Some issues are both right legally and ethically, which make them easier to follow, others are not. Healthcare organizations will often have ethics committees to handle ethical dilemmas. In the healthcare profession, members are expected to uphold the law and perform at a higher standard(M.U.S.E., 2021).
primary types of law
There are four primary types of law: Constitutional, Case, Statutory, and Administrative. Constitutional laws originate from federal and state constitutions. Legal precedence are past cases, that are written down and referred to, to decide current cases. Case law is set by legal precedence. Laws that federal or state legislatures enact are statutes. They start out as federal or state bills, if the bill is past it becomes a Statutory law. Administrative law is statutes enacted to define the powers and procedures of an agency that is created by the president, Congress, or state legislatures(Judson & Harrison, 2021,p.75).
3. Adrianna Building a provider patient relationship is such an important part of being in healthcare. Without having a good provider patient relationship, you risk losing patient’s and possibly not being able to keep the lights on in the clinic. One way to maintain this relationship is by keeping the patient’s information confidential. This includes securing all documents with patient information on it, locking your computer, not accessing the patient information unless needed and discussing the patient information only when needed. One thing to keep in mind when discussing patient information is where you are discussing it at.
Keeping the patient’s information
For example, you do not want to discuss a situation with a patient in the middle of a busy hallway or an elevator with other people on it. Keeping the patient’s information private allows the patient to trust you in the long run. One other way to maintain the provider patient relationship is to prepare and maintain health records. This can be done by documenting a visit with the patient soon after the visit took place and ensuring everything is document thoroughly. Meaning, if the patient received an immunization at the visit, this is documented. Maintaining this documentation can help keep the patient on top of their health and can better manage care when it is needed (Health IT, 2016). Which builds a better provider patient relationship.
Maintaining a standard of care is also