Law and Ethics in Health Care

Laws and ethical principles safeguard society as a whole and are crucial in guiding the practice of health care. The important role that these disciplines play can be seen clearly in cases involving highly charged issues such as organ donation, in which there is far more demand than supply; in genetic testing, in which the information can be used for good as well as harm; and in life-threatening, communicable diseases, such as HIV/AIDS, in which an individual's right to confidentiality may conflict with the rights of others to have full disclosure about their risks. In this week's Discussion you will apply basic ethical and legal concepts to a significant health care issue and will examine the value of, and differences between, ethics and law in health care.

Review the following portions of your readings from Legal and Ethical Issues for Health Professionals, and select one of these topics to focus on in your initial posting. (Note: In your response, you will address a colleague's posting on a different topic.)

1. HIV/AIDS and Confidentiality (pp. 86-92)

2. Organ Donations (pp. 93-96)

3. Human Genetics (pp. 112-114)

Prepare for your Discussion by considering the following:

• What ethical challenges are likely to arise in connection with this health care issue? To help you imagine this, bring to mind a scenario in which you, as a health care administrator, might encounter this issue. Who would be the main parties affected by this issue?
• Consider the ethical principles of autonomy, beneficence, nonmaleficence, and justice, as described in Chapter 1, in light of this health care issue. Which of these principles do you think are most relevant to this issue, and why?
• Review the areas of law (e.g., tort, criminal, and contract) described in Chapter 6. Consider which kinds of laws would probably be most relevant to health care providers and administrators engaged with your selected health issue. For instance, are providers involved in this health care issue at risk of being liable for negligence? Would this involve contracts? Might it involve criminal activity?
• Formulate for yourself a definition of ethics and of law. How do they differ? Why do you think law alone is an insufficient guide in the practice of health care?

In your posting, make use of appropriate terminology and concepts from this week's readings. Post by Day 4 a response to the following:

• Identify your selected health care issue in the first line of your posting.
• Briefly summarize the salient ethical and legal concerns associated with this issue.
• Explain how one or more of the primary ethical principles would be relevant in helping a health care administrator or provider address this issue.
• What areas of law are likely to be relevant to health care administrators or providers dealing with this issue? Explain why you think so. (You may refer to specific statutes and regulations, such as HIPAA, but you are not required to do so.)
• Briefly compare and contrast law and ethics.Why is ethics, and not simply the law, necessary in guiding the actions of health care providers and organizations? Refer to your selected health care issue, as appropriate, to illustrate your points.