HSM 542 Week 8 Final Exam
1. (TCO H) Ethics is defined by Pozgar as "a branch of philosophy that deals with values
relating to human contact with respect to the rightness and wrongness of actions and the
goodness and badness of motives and ends." Describe two ethical dilemmas you may
encounter in a healthcare setting related to patient care. In the description, define at least
one law or regulation that may apply to each ethical dilemma. (Points : 35)
One major ethical dilemma that may be encountered in a healthcare setting is dealing
with abortion. This issue is difficult because it can restrict or demand that a professional perform
a duty that they do not believe is ethical. The dilemma is caused by the conflict between personal
and professional ethics.
Because abortion was legalized in Roe vs. Wade in 1973 the law compels medical
professionals to provide medical treatment (Pozgar, 2012). Under Row vs Wade medical
professionals are limited to providing abortions to the first two trimesters.
Another major ethical dilemma that may be encountered in a healthcare setting is the issue
informed consent. From a legal perspective, patients who are not provided proper information
concerning procedures, have the right to seek legal remedy. Under the law, the patient must
provide consent and must understand what she is consenting to having performed. This should be
done in writing as well as verbally in many instances (Pozgar, 2012).
One of the earliest legal cases which established the concept and requirement for informed
consent was Schloendorff vs. Society of New York Hospital in 1914 (Mary E. Schloendorff,
Appellant, v. The Society of the New, 1914). In this landmark case a physician removed a tumor
from a patient who only consented to a diagnostic procedure. The judge ruled that in this case
ruled that an “individual’s fundamental right to decide what is being done with his or her body.”
The physician was liable both in civil and criminal charges. Since that case, the concept of
informed consent has been continuously defined and upheld by courts.
References
Mary E. Schloendorff, Appellant, v. The Society of the New. (1914). Mary E. Schloendorff,
Appellant, v. The Society of the New. Retrieved from University of Wisconsin:
https://mywebspace.wisc.edu/rstreiffer/web/CourseFolders/BioandLawF99Folder/Readin
gs/SchloendorffvSociety_of_NY.pdf
Pozgar, G. D. (2012). Legal Aspects of Healthcare Administration. Sudbury: Jones & Bartlett
Learning.
2. (TCO D) A patient's family may be actively involved in end-of-life decisions for patients
who are incapacitated or incompetent. Compare and contrast two legal cases that address
the rights of families in participating in end-of-life decisions. For each legal case, identify
how the case either contributed or detracted from the rights of families. (Points : 30)
The Terri Shiavo case was a difficult ethical situation due to the fact that Terry did not have an
advance directive. After being in an accident it was confirmed that Terry was in a persistent
vegetative state and would most likely never recover. The decision making for Terry would
normally fall to a will or advance directive. Since this was not available, the next of kin (husband
and family) would become the decision makers for Terry. However, neither party was a
compelling candidate for making a decision concerning Terry’s life.
This study source was downloaded by 100000801755870 from CourseHero.com on 03-14-2022 11:14:49 GMT -05:00
https://www.coursehero.com/file/18000445/HSM-542-Week-8-Final-Exam/
1. (TCO H) Ethics is defined by Pozgar as "a branch of philosophy that deals with values
relating to human contact with respect to the rightness and wrongness of actions and the
goodness and badness of motives and ends." Describe two ethical dilemmas you may
encounter in a healthcare setting related to patient care. In the description, define at least
one law or regulation that may apply to each ethical dilemma. (Points : 35)
One major ethical dilemma that may be encountered in a healthcare setting is dealing
with abortion. This issue is difficult because it can restrict or demand that a professional perform
a duty that they do not believe is ethical. The dilemma is caused by the conflict between personal
and professional ethics.
Because abortion was legalized in Roe vs. Wade in 1973 the law compels medical
professionals to provide medical treatment (Pozgar, 2012). Under Row vs Wade medical
professionals are limited to providing abortions to the first two trimesters.
Another major ethical dilemma that may be encountered in a healthcare setting is the issue
informed consent. From a legal perspective, patients who are not provided proper information
concerning procedures, have the right to seek legal remedy. Under the law, the patient must
provide consent and must understand what she is consenting to having performed. This should be
done in writing as well as verbally in many instances (Pozgar, 2012).
One of the earliest legal cases which established the concept and requirement for informed
consent was Schloendorff vs. Society of New York Hospital in 1914 (Mary E. Schloendorff,
Appellant, v. The Society of the New, 1914). In this landmark case a physician removed a tumor
from a patient who only consented to a diagnostic procedure. The judge ruled that in this case
ruled that an “individual’s fundamental right to decide what is being done with his or her body.”
The physician was liable both in civil and criminal charges. Since that case, the concept of
informed consent has been continuously defined and upheld by courts.
References
Mary E. Schloendorff, Appellant, v. The Society of the New. (1914). Mary E. Schloendorff,
Appellant, v. The Society of the New. Retrieved from University of Wisconsin:
https://mywebspace.wisc.edu/rstreiffer/web/CourseFolders/BioandLawF99Folder/Readin
gs/SchloendorffvSociety_of_NY.pdf
Pozgar, G. D. (2012). Legal Aspects of Healthcare Administration. Sudbury: Jones & Bartlett
Learning.
2. (TCO D) A patient's family may be actively involved in end-of-life decisions for patients
who are incapacitated or incompetent. Compare and contrast two legal cases that address
the rights of families in participating in end-of-life decisions. For each legal case, identify
how the case either contributed or detracted from the rights of families. (Points : 30)
The Terri Shiavo case was a difficult ethical situation due to the fact that Terry did not have an
advance directive. After being in an accident it was confirmed that Terry was in a persistent
vegetative state and would most likely never recover. The decision making for Terry would
normally fall to a will or advance directive. Since this was not available, the next of kin (husband
and family) would become the decision makers for Terry. However, neither party was a
compelling candidate for making a decision concerning Terry’s life.
This study source was downloaded by 100000801755870 from CourseHero.com on 03-14-2022 11:14:49 GMT -05:00
https://www.coursehero.com/file/18000445/HSM-542-Week-8-Final-Exam/
