A Matter of Conscience: Legal Protection for the Rights of Conscience of Healthcare Providers

1993 ◽  
Vol 2 (4) ◽  
pp. 529-542 ◽  
Author(s):  
Lynn D. Wardle
Keyword(s):  
Healthcare Providers ◽  
Legal Protection ◽  
Moral Dilemmas ◽  
Blood Transfusions ◽  
Organ Transplants

A growing number of healthcare practices implicate serious moral concerns for growing numbers of healthcare providers. Social, legal, and medical developments, including abortion, contraception, euthanasia, withdrawal of feeding, blood transfusions, organ transplants, and routine autopsies, have put healthcare providers in the vortex of some of society's most controversial moral dilemmas.

scholarly journals Pelaksanaan Perlindungan Konsumen Obat-Obatan dalam Kefarmasian

2021 ◽  
Vol 2 (1) ◽  
pp. 84-88
Author(s):  
I Putu Rusdi Eka Pratama ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini
Keyword(s):  
Health Workers ◽  
Healthcare Providers ◽  
Legal Protection ◽  
Field Research ◽  
Secondary Data ◽  
Pharmaceutical Services ◽  
Primary Data ◽  
Pharmaceutical Companies ◽  
Goods And Services ◽  
Technological Advances

Technological advances have helped in the discovery of the latest medicines, this has further strengthened healthcare providers. However, this is not the case with consumers (patients). Consumers are less aware of their rights as users of goods and services so that which ones are good and which are bad, and which are really needed, consumers leave completely to competent health workers. This study aims to explain the legal protection of drug consumers for pharmaceutical services and to explain the liability of pharmaceutical companies regarding the losses suffered by drug consumers. This research used empirical law. Primary data sources were obtained by conducting field research with interview techniques and secondary data obtained by library research consisting of primary and secondary legal materials. The results showed that the legal protection of drug consumers in pharmaceutical services, which contains the rights and obligations of consumers as well as the rights and obligations of pharmaceutical companies as business actors. In principle, consumer legal protection is regulated in Law Number 8 of 1999 concerning Consumer Protection, in practice in pharmacies, legal protection for drug consumers is in accordance with applicable regulations and has been effective and conducive, then the responsibility of pharmaceutical companies for consumer losses drugs have provided compensation for material and immaterial damages when consumers are harmed.

A Child has a Right to Blood Transfusion Services in Nigeria, despite the Religious Status of the Parents or Guardians

2021 ◽  
Vol 4 (4) ◽  
Author(s):  
Uchejeso M Obeta
Keyword(s):  
Intensive Care ◽  
Blood Transfusion ◽  
Blood Cell ◽  
Neonatal Intensive Care ◽  
Healthcare Providers ◽  
Red Blood Cell Transfusion ◽  
Blood Transfusions ◽  
Blood Products ◽  
Serious Illness ◽  
Life Saving

Red blood cell transfusion is an important and frequent component of neonatal intensive care. Whereas blood and blood products transfusion can help a patient (child) recover from a serious illness, surgery or injury, because of the religious beliefs of some parents or guardians, a child may be denied the benefit of this life-saving service. Several legal statutes and precedents exist to protect the rights of children in need of life-saving blood transfusions where denied this opportunity to be transfused and survive. The awareness of these extant laws and statutes are critical for the empowerment of healthcare providers in the performance of their role within the provisions of the law and medical ethics.

scholarly journals 60 Opening the Narrative on Deprivation of Liberty for the Older Person in Residential Healthcare Facilities: A Legal and Ethical Dilemma

2019 ◽  
Vol 48 (Supplement_3) ◽  
pp. iii17-iii65
Author(s):  
Florence Hogan ◽  
Adrian Ahern
Keyword(s):  
Human Rights ◽  
Residential Care ◽  
Healthcare Providers ◽  
Community Support ◽  
Healthcare Facility ◽  
Moral Dilemmas ◽  
Legal Framework ◽  
Best Interest ◽  
Healthcare Facilities ◽  
The Individual

Abstract Background While many people enter residential care of their own free will and because it is their preference, the evidence tells us that there are also many who if they had the choice would remain in their own homes. Lack of appropriate community supports may provide some impetus to enter residential care. According to Care Alliance Ireland, an additional four million hours of homecare needs to be provided to cope with the successful ageing demographics, at a cost of €110 million. There is no statutory or common-law power to detain a patient in a Healthcare Facility outside of the application of the Mental Health Act 2001. This presents legal, ethical and moral dilemmas for Healthcare Providers when caring for a person who lacks capacity wishes to self - discharge. A duty of care obligates healthcare professionals to act in the best interest of the individual. Under the Health Act 2007 the requirement is to provide for a ‘safe discharge’. Pending advancement of the Assisted Decision Making (Capacity) Act 2015 which provides a statutory framework to assist and support individuals to make legally-binding agreements about their welfare, their property and affairs we are currently acting under the Lunacy Regulations (1871). Methods We developed a ‘Deprivation of Liberty’ form which enable comprehensive Interdisciplinary Team discussion and direction of care. Presumption of capacity, respect for the resident’s wishes and consideration of all possible supportive actions up to and including sourcing community support services were considered. Results This format has enabled comprehensive discussion and robust adherence to human rights for three residents thus far Conclusion The situation remains that there is no legal framework to guide healthcare providers currently. Using a Human Rights based approach is imperative to guide us while awaiting advancement of the ADMA (2015) and Deprivation of Liberty legislation to be included in this act.

scholarly journals Medicolegal Perspective on Physician-Induced Demand Issue

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 106
Author(s):  
Wulandari Berliani Putri ◽  
Vita Widyasari ◽  
Juliet Musabula ◽  
Muhammad Jihadul Hayat
Keyword(s):  
Clinical Practice ◽  
Informed Consent ◽  
Healthcare Providers ◽  
Legal Protection ◽  
Good Clinical Practice ◽  
Payment System ◽  
Medical Law ◽  
Induced Demand ◽  
Patients Rights ◽  
Health Regulations

<p>This study sheds light on the extent to which the medical law protects patients' rights from Physician-Induced Demand behavior. This study shows that the term of Physician-Induced Demand has not been recognized in health regulations. Meanwhile, some often fail to recall that medical law has protected patients’ right in the therapeutic transaction between doctor and patient through Act No. 29 of 2004; Minister of Health Regulations number 11 Year 2017; Act No. 44 of 2009, Civil Code and Act No. 36 of 2009. In order to reduce Physician-Induced Demand, establishing a guideline of good clinical practice, including the informed-consent guideline is urgently needed. Government should also control the quality and cost of healthcare providers as well as adequate payment system for physicians.</p><p><strong>Keywords:</strong> Physician-Induced Demand; Medical Law; Legal Protection of Patient.</p>

scholarly journals Serious Workplace Violence against healthcare providers in China in the past 15 years

2020 ◽  
Author(s):  
Jing Ma ◽  
Xi Chen ◽  
qiongjuan zheng ◽  
Yun Zhang ◽  
Zhi Ming ◽  
...  
Keyword(s):  
Workplace Violence ◽  
Healthcare Providers ◽  
Legal Protection ◽  
Severe Injury ◽  
Teaching Hospitals ◽  
Summary Statistics ◽  
Health Providers ◽  
The Past ◽  
Poor Patient ◽  
Tertiary Hospitals

Introduction: Workplace violence (WPV) against healthcare providers has severe consequences and underreported worldwide. The aim of this study was to present the features, causes, and outcomes of serious WPV against healthcare providers in China. Method: We searched serious WPV events reported online and collected information about time, location, people involved, methods used, motivations, and outcomes related to the incident, and analyzed their summary statistics. Result: Serious WPV reported online (n=379) in China were mainly physical (97%) and often involved the use of weapons (34.5%). Doctors were victims in most instances (81.1%). WPV mostly happened in cities (90.2%), teaching hospitals (87.4%), and tertiary hospitals (67.9%), frequently in ED, OB-GYN, and pediatrics, in the months of June, May, and February. WPV Rates increased dramatically in 2014 and decreased after 2015. Death (12.8%), severe injury (6%), and hospitalization (24.2%) were the major outcomes. Conclusion: Serious WPV in China may stem from poor patient-doctor relationships, overstressed health providers in the highly demanded hospitals, poorly educated/informed patients, insufficient legal protection and poor communications. A law protecting healthcare providers implemented in 2015 may have helped curb the violence.

scholarly journals Turning Seniors’ Voices into Action on Elder Abuse: Findings From a Project Empowering Older Adults to Assist Peers

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 447-447
Author(s):  
Jessica Hsieh ◽  
Sharon Tan ◽  
Raza Mirza ◽  
Lynn McDonald
Keyword(s):  
Help Seeking ◽  
Elder Abuse ◽  
Healthcare Providers ◽  
Legal Protection ◽  
The Elderly ◽  
Sources Of Information ◽  
Health And Wellbeing ◽  
National Initiative ◽  
The Impact ◽  
Source Of Information

Abstract Elder mistreatment, often understood in the context of abuse and neglect, is a growing concern for the health and wellbeing of seniors and their families. A 2015 Canadian prevalence study by the National Initiative for the Care of the Elderly (NICE) found that seniors who are mistreated are more likely to talk to peers, and not clinicians, police or family. However, a lack of knowledge, access to resources, and community stigma may limit seniors’ abilities to address mistreatment. This study evaluated the impact on knowledge, attitudes, and behaviours of having seniors deliver workshops on mistreatment to other seniors. A seniors advisory committee developed content for sixteen workshops. Senior facilitators delivered sixteen workshops about mistreatment across Ontario. Participants completed pre/post-surveys assessing changes in knowledge, attitudes, and behaviours. Results indicate that workshops effectively increased awareness of mistreatment issues among participants, on average, by 37.32%. Participants experienced a 43.98% increase in their perceived preparation to provide information to an older adult asking about mistreatment. Barriers to help-seeking among seniors with knowledge of mistreatment include finding trustworthy sources and a lack of legal protection. Prior to the training, healthcare providers were the main sources of information for participants (57.75%); depending on the severity of the situation, 60.43% of participants indicated eventually reporting to police, who are not the preferred source of information. Senior-led workshops about mistreatment appear to be effective for increasing knowledge and encouraging disclosure and help-seeking behaviours. Results support prevention models that empower seniors to educate other seniors on issues around mistreatment.

scholarly journals Serious Workplace Violence Against Healthcare Providers in China Between 2004 and 2018

2021 ◽  
Vol 8 ◽  
Author(s):  
Jing Ma ◽  
Xi Chen ◽  
Qiongjuan Zheng ◽  
Yun Zhang ◽  
Zhi Ming ◽  
...  
Keyword(s):  
Workplace Violence ◽  
Healthcare Workers ◽  
Healthcare Providers ◽  
Legal Protection ◽  
Well Being ◽  
Teaching Hospitals ◽  
Health Providers ◽  
Healthcare Settings ◽  
Poor Patient ◽  
Tertiary Hospitals

Introduction: Workplace violence (WPV) against healthcare providers has severe consequences and is underreported worldwide. The aim of this study was to present the features, causes, and outcomes of serious WPV against healthcare providers in China.Method: We searched for serious WPV events reported online and analyzed information about time, location, people, methods, motivations, and outcomes related to the incident.Result: Serious WPV reported online in China (n = 379) were mainly physical (97%) and often involved the use of weapons (34.5%). Doctors were victims in most instances (81.1%). Serious WPV mostly happened in cities (90.2%), teaching hospitals (87.4%), and tertiary hospitals (67.9%) and frequently in Emergency Department (ED), Obstetrics and Gynecology Department (OB-GYN), and pediatric departments; it was most prevalent in the months of June, May, and February. Rates of serious WPV increased dramatically in 2014 and decreased after 2015, with death (12.8%), severe injury (6%), and hospitalization (24.2%) being the major outcomes. A law protecting healthcare providers implemented in 2015 may have helped curb the violence.Conclusion: Serious WPV in China may stem from poor patient–doctor relationships, overly stressed health providers in highly demanding hospitals, poorly educated/informed patients, insufficient legal protection, and poor communication. Furthering knowledge about WPV and working toward curtailing its presence in healthcare settings are crucial to increasing the safety and well-being of healthcare workers.

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