Legal Issue
Based on the case, the medical staff/s had problems in the excessive alcohol consumptions which affect the ability of the patient to create decisions. This also plays a primary role in the medical condition of the patient because he gained injuries through the accidents that lead him to the hospital. The intervention done by the medical staff is necessary to identify any blood clots that may appear into his skull. However, the resistance of the patient gives him the autonomy, which is important part of ethics in medical settings. In the continuous assessment of the medical staff, it appeared that the patient is unwilling to cooperate. In this event, the most applicable solution that the medical staff can deliver is to present the trained professionals who have some expertise in terms of motivational interventions. This type of professional can understand the alcohol problems that can present the series of options to assist the patient. The nurse, although not intentionally, is trying to do her best to execute her duty and it natural for her to defend herself. An alcoholic or sober acts brawly which starts when he is in the middle of noisy and chaotic nature of emergency settings. Therefore, it is important that the staff emphasized the communication rather than confrontation. One doctor noticed the changes on the patient which arise the ethics on non-maleficence, or the duty not to do harm on the patients, this is where the responsibility comes in. In their action to save the life of the patient, even without the concern of the relatives (because they fail to find any), still the doctors want to perform an operation which is necessary that time to lengthen the life of the patient.
However, the hospital failed to be responsible in measuring the security on the patient because the conflict emerges. In the attempt of the staff to locate the relative, an impersonator arrived claimed to be his wife but then found out that she might be a reporter. This caused a great tension in the hospital when another relative arrived and claim to be his niece. During the operation, the staff should the ethics in beneficence which is about doing their best for the patients. And in the law of medical practice, there is another ethical consideration called justice which is difficult to assess because of the presence of equity and fair distribution and other conflicts.
Medical Malpractice or Medical Intervention
For over the years, the reputation of medical professionals is centered in the ideas of integrity and knowledge. However there are some cases and instances that the medical professionals are subject to an assault which might involve the cancelation of their permit to medical practice. The medical malpractice is about the liability of the medical staff/s because of their poor performance in their functions. The malpractice is often applied as a strong legal case in the event that there is negligence towards the injured patients. The reasons that may arise in committing malpractice depends on the situation – it’s either there is a lack of responsibility on the side of the medical practitioners, or the lack of cooperation coming from the patient’s side.
In the application of law, once a medical practitioner is proven in medical malpractice, the system of tort liability is possible. Quasi-Delict or Tort or Culpa Aquiliana, states about a person who by an act or omission causes injury or damage to another reason of his fault or negligence, and therefore shall be liable to pay damages to the injured party. This constitutes the following:
· The fault or negligence must spring from the spontaneous act or omission of the offender, and not from a pre-existing contractual relationship between the offender and the offended or injured party; and
· There was no intent to commit injury or damage by the offender.
In the involvement of actual malpractice cases, the negligence became too apparent thus creating a negative face for the entire medical society. In the presented scenario, the plaintiff (patient) and the defendant (physician) might have different point of views. The tort system suggests a need for deep investigation before creating the judgments.
Law in Surgery
If there is a medical malpractice done by a surgeon on its patients, the patient has a right to sue the surgeon. If the surgeon, or rather the hospital or medical institution did not receive any payment from the patient therefore, they have the right sue against the patient. It is only a matter of obligation in each party and they must comply in their respective responsibilities. At some point there is a conflict between the law and the ethics with regards to the medicine.
The conflict between specific ethical principles, or conflict between the conscience of the individual doctor and a legal request for medical services which are morally unacceptable to that doctor, are dilemmas with which the medical profession is familiar. As society through its parliament and its courts increasingly wishes to use the law to regulate aspects of medical practice, situations will arise where the law appears to be in direct conflict with the generally agreed ethical code of the profession
References:
Breen, K.J., Plueckhahn, V.D., & Cordner, S.M., (1997) Ethics, Law and Medical Practice, Allen & Unwin, St. Leonards, N.S.W.
Brennan, T.A., & Mello, M.M., (2004) Patient Safety and Medical Malpractice: A Case Study, American College of Physicians [Online] Available at: http://www.annals.org/content/139/4/267.full [Accessed 07 September 2010].
DiClemente, C.C., Soderstrom, C., (2003) Session 3.Intervening with Alcohol Problems in Emergency Settings, Alcohol Problems Among Emergency Department Patients [Online] Available at: http://www.cdc.gov/ncipc/pub-res/alcohol_proceedings/Session3-PDF.pdf [Accessed 07 September 2010].
Law of Contract [Online] Available at: http://law.jrank.org/pages/12504/Contract-Law.html [Accessed 07 September 2010].
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