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Ethical And Legal Implications Assurance

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Question:

Discuss about the Ethical and Legal Implications Assurance.
 
 

Answer:

Introduction:

The practice of health care is not limited to the legal world view.  In health care practice delivery is bound to me across legal process and boundaries, which questions our actions legally by law. Health care practice has no upper hand with regards to judicial process. Judicial laws have relevance in the health care practice. Law are guidelines which serve the purpose of orderliness in the society and bring sobriety. Laws and regulation serve the purpose of providing orderliness behaviour in collective society. Laws are part of an institutionalized, adjudication and enforcement of law and order.  Laws can originate from different sources this includes, parliamentary laws. In most states, parliaments are the principles organs of legislation. For laws to be enacted they have to follow various proceedings in the parliament to achieve that that. Health care structure statutory is currently present to serve the purpose of ensuring medical services are brought into directed responsibility for the government. The legal contributing factors play key role in managing of the health care services for the people.

Human rights review serves the purpose to protect the rights of various groups of people. In UK, they protect the fundamental rights of people by introducing human rights convention. The human rights review process illegalises authority or persons using functions of public nature to act in ways that incompatible with human rights review unless they are under different review process or relevant statutory provisions which the relevant authority could act in a different way. The human rights review serves the purpose of ensuring that services are given rightfully of the people. The public authority has the mandate to include various stakeholders in the management of health services, (Baker et al., 2014).

 

Judicial Committee of Privy Council

The judicial committee of the Privy Council serve the purpose in respect for various actions committed in health care. The court commission is made up of councillors with senior management positions, appellate jurisdiction for decisions made in the disciplinary committee of the general medical council and other relevant health related bodies including the civil and criminal sections with view of common wealth country partnerships.

Human rights review serves the interests of the people. Values adjudicated by human rights principles serve the basis for provision of health care, the right to live, and equality and may more have been the basis for health care development for people and medical world.

The health and practitioners and tribunal commission serve the purpose of determining disciplinary actions for the staff bought against them by the public or any offended party..t he tribunal sole mandate is to offer disciplinary proceeding for those offended in the practice of health care, (Collins, 2006).

The disability commission serve the purpose of promoting the rights of disable people. Its key focus areas includes protection from violence and abuse, providing equal education and mental illness health for the people and the rights of the elderly towards access to Medicare, (ALRC, 2014).

The privacy commission in New Zealand serves the purpose of serving the public and private sector. It is entrusted with the task of protecting information are that are relevant. The commission main functions are, investigating complains, codes of practice adherence, comparing information, advice on privacy impact assessments, making consultation with other agencies and information disclosure process.

Health Practitioners Disciplinary Tribunal

The commission hears and discharges duties on matter of disciplinary against medical practitioners in the health sector. The tribunal serve a range of professions in the health care. The basis of the law is on health and competence and assurance of staff in the health sector, (HPCA, 2013.)

In this law, organisations and individual persons have the privacy duty to care for themselves and each other, affected by the activities done. In case of any break up proceedings can be initiated on individuals who may sue for damages or defamations using the civil law, due to any injury caused by the other person,(Stroumsa, 2014).

 


However in pressing for this proceedings to continue there is need for the injured person to show that the defendant had the sole mandate to take necessary care process to prevent damage, and that have suffered injury from the same process. The victim in this case has the opportunity to provide the evidence he has against the paramedic , on his role of negligence, on the other part the injure person has the duty to show the category of injury obtained and the damaged cases to himself, which was foreseeable result to himself after the breach of duty to care. The bearing liability for such issues is the matter left solely for the courts. With view of all the circumstances if the case and actions and standards it is reasonable to reciprocate from each other. If the courts decide that particular claim don have any liability, then it will be automatic reaction of the case or it can also adjust damages costs to reflect any mistakes of negligence on the part affected person.

The party who is aggrieved can make claim that the victim has really committed the act by production of evidence and proof of facts. If this is not done, the claim stands no ground for standing the criminal liability.  The aggrieved patient on the case has to precede the evidence he has, majorly from the circulated the post and use that as basis on building factual evidential information. Evidences available must discharge the burden of proof ultimate facts,(Furrow et al., 2014)

Standard of proof assessment needs to point on standard of proof is the extent of burden. In criminal proceedings, standard of proof is beyond any reasonable doubt that may occur. Standard of proof may be adjudicated solely upon evidential circumstance. In this case the paramedic and the victim have to that paramedic shared the information without his knowledge in a reasonable doubt.

The victim in this case the patient has the rights to raise his grievances and present in court for the purpose of proof the burdens ad hearing the evidential information he will provide against the paramedic. The courts will determine the evidence for any reason o doubt before offering any next step proceedings. The patient has the burden of proof to show how the paramedic intercepted the picture and sent to third party without and play claim for the paramedic officer. If he has the evidence, which is available, that that the paramedic really circulated the pictures, then he would have passed the burden of proof benchmarks.

The burden of proof lies with the patient, as he has to justify and correlate effectively the actions done but paramedic staff beyond any evidence circumstance. All case is built on allegations that have to be proven.  In court system, criminal case referred to as information indictment and civil case in which statement is laid on statement of claim. The case issue in this matter is the paramedic officer is liable to criminal proceedings and the victim has the mandate to put forward burden of proof and evidential burden to link him with his actions which has caused damage to him, (Gostine & Sridhar, 2014).

 

South Africa Consumer Policy Framework

The implementation of policy legislation in South Africa on draft green paper on consumer policy framework in 09/02 aimed at driving competiveness ands boosting consumer confidence and business excellence. In implementing this act it bases its evidence on the fact consumer protection as an integral part of modern, effective and efficient market place. It attributes to confident consumers driving competitiveness. The apartheid effect in South Africa in South Africa has significant impact on consumers; there is urgent need to promote values of equity on consumption of goods and services and to provide vulnerable consumers with rights of direction of redress. With the government playing key, role, it lead to introduction of social and economic policies such as reconstruction and development program and the employment distribution network as a way of mitigating and redressing these effects. Key short comings are that they need to be improved including access to consumer based on the racial discrimination analogy; this can be eradicated by putting in place laws that guarantee equality and ensure the implementation to the latter, (Rowe & Moodley, 2013).

The consumer protection Act of 2007 provides a legal basis for protecting the consumers through various measures, which incorporate compliance effectiveness, consumer legislations and code of practice and enforcement measures. The consumer protection act criminalizes the shop owners or the retailer for falsifying information on goods and service is in order to get more earning and profit margins. The Act provides prohibition for services which harm the consumer. The misleading information includes the following, misleading practice, which it involves providing false and misleading and deceptive information on the consumers. Adverts and displays which give none factual information, the consumer protection act bans engagement of aggressive practices like harassment or coercion from any key sector or person.

Consumer Act directive has compliance procedures on how to comply with it. They include avoiding engaging in prohibit commercial services, commercial services available has to fair, not misleading and non invasive. I advocate s for fair term in the standard contracts and compliance with international regulatory bodies. Penalties imposed on breach of these laws include prosecution, provision, compliances notices and fixed payment notices.

Issue concerning the law has seen measures put in place to cushion consumers as manufactures and consumers sell defective products to un suspecting clients for the benefit of profits, (Joubert, 2011).

The consumer rights Act of 2015 sets out the framework that consolidates key consumer rights over goods and services relating to fair terms. It also provides fair terms for consumers and enterprises to a challenge anti competitive behaviour and consolidates power for breaches of counter law. The law applies to trader and consumer and trader by respecting the rights. The act in relation to digital content covers the rights which consumers have over control of these services in their possession.

 

Legal lessons for Health Care Practice

As an effective manager in health care practice it is important to get equipped with basic formal legal and ethical principles that play key role in impacting the work environment and the relationship amongst the organization and the consumers who is the patient at the health facility. There is need for practice of ethical behaviors which describes the right things to be done, even though not put under legislation, they should be outlined as the challenges affecting the health care are immense and difficult challenges posses’ ethical dilemmas for the health care practice, (Buriss, et al., 2010).

As an health care administrator, not a registered medical profession,  there is need to educate the employees to be informed  on the concept s of civil and criminal laws, ethics in the work place and the provider –patient information regarding his/her diagnosis state. The basic concepts as outlined in various laws include safety hazards in the work place, workplace ethics amongst self and employees, criminal health laws, health organizations code of conduct  and ethics for the public.

Health care environment should be regulated. The providers, funders and regulators alike are affected by legislations passed, (Miller, 2006a). Law is categorized as a set of rules for enabling smooth running of organizations.  Laws are implemented in order to reduce the standard of action. In health care practice, the existence of civil and criminal law plays a crucial role in health care administration.  Civil law has its focus on the wrongful doings against the health institutions and individuals, they wrongful acts or doings which result in various forms of health care practices. Criminal laws are responsible for actions that are illegal based on the decisions by the court. Conviction in criminal case involves prove beyond reasonable doubt of guilt, like the case example of Medicare and Medicaid fraud, (Miller, 2006b).

In health care practice there can arise cases or issue like negligence, which happens when a provider don’t give appropriate care that eventually causes damage to the patient. Other forms may take shape like assaults and battery, a case example is when surgeon performs a theater process without seeking consent from the patient. Privacy invasion in the health care setting happens when information of the patient forms a major issue.

Currently many medical malpractices are being encountered. Many wrong doings are happening to individual health care organizations. Medical malpractices like torts are on the rise. Different forms have taken shape. In the case study, there issues related to negligence which entails the paramedic being negligent of the patient status and confidentiality and sharing the status of the patient without the consent of the patient.

Intentional torts are evident in the case study. There is an invasion of privacy of the patient by the paramedic and the friend; this unethical in the sense that, the patient would have wished his information and status not to be shared hence he is discontented with the act of paramedic.

As a health care administrator, there is need to ensure that my practices is litigiously informed and training be based on how to deal with patients in conformity to legal issue that may arise and the ethical concerns available. There is need to facilitate training of employees and staff in relation to workplace related healthcare legislation.

 

References

Australian Law Reform Commission. (2014). Equality, Capacity and Disability in Commonwealth Laws: Summary Report. Australian Law Reform Commission.

Baker, R., Beauchamp, T. L., Boylan, M., Gert, B., Gostin, L. O., Ito, A., ... & Tong, R. (2014). Global Bioethics and Human Rights: Contemporary Issues.

Burris, S., Wagenaar, A. C., Swanson, J., Ibrahim, J. K., Wood, J., & Mello, M. M. (2010). Making the Case for Laws That Improve Health: A Framework for Public Health Law Research. The Milbank Quarterly, 88(2), 169–210. https://doi.org/10.1111/j.1468-0009.2010.00595.x

Collins, D. (2006). New Zealand's Health Practitioners Disciplinary Tribunal. & L., 25, 249.

Collins, D. (2006). New Zealand's Health Practitioners Disciplinary Tribunal. & L., 25, 249.

Furrow, B., Greaney, T., Johnson, S., Jost, T., & Schwartz, R. (2014). Health law. West Academic.

Gostin, L. O., & Sridhar, D. (2014). Global health and the law. New England Journal of Medicine, 370(18), 1732-1740.

"Health Practitioners Competence Assurance Act 2003 No 48 (as at 01 August 2011), Public Act – New Zealand Legislation". legislation.govt.nz. 2011. Retrieved 02/02/2017

Joubert, E. P., & Botha, M. M. (2011). Does the consumer protection act 68 of 2008 provide for strict product liability?-a comparative analysis.

Miller, R. (2006a). Problems in health care law (9th). Sadbury, MA:Jones and Bartlett Publishers, p1.

Miller, R. (2006b). Problems in health care law (9th). Sadbury, MA:Jones and Bartlett Publishers, p86.

Stroumsa, D. (2014). The state of transgender health care: policy, law, and medical frameworks. American journal of public health, 104(3), e31-e38

Rowe, K., & Moodley, K. (2013). Patients as consumers of health care in South Africa: the ethical and legal implications. BMC medical ethics, 14(1), 15.

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