scholarly journals Legal and ethical issues surrounding the use of crowdsourcing among healthcare providers

2018 ◽  
Vol 25 (4) ◽  
pp. 1618-1630
Author(s):  
Max H Sims ◽  
Margie Hodges Shaw ◽  
Seth Gilbertson ◽  
Joseph Storch ◽  
Marc W Halterman

As the pace of medical discovery widens the knowledge-to-practice gap, technologies that enable peer-to-peer crowdsourcing have become increasingly common. Crowdsourcing has the potential to help medical providers collaborate to solve patient-specific problems in real time. We recently conducted the first trial of a mobile, medical crowdsourcing application among healthcare providers in a university hospital setting. In addition to acknowledging the benefits, our participants also raised concerns regarding the potential negative consequences of this emerging technology. In this commentary, we consider the legal and ethical implications of the major findings identified in our previous trial including compliance with the Health Insurance Portability and Accountability Act, patient protections, healthcare provider liability, data collection, data retention, distracted doctoring, and multi-directional anonymous posting. We believe the commentary and recommendations raised here will provide a frame of reference for individual providers, provider groups, and institutions to explore the salient legal and ethical issues before they implement these systems into their workflow.

2020 ◽  
pp. 1467-1484
Author(s):  
Brian J. Galli

This article describes how healthcare and IT are combatting the ethical implications of electronic health records (EHRs) in order to make them adopted by over 90% of small practices. There is a lack of trust in EHRs and uneasiness about what they will accomplish. Furthermore, security concerns have become more prevalent as a result of increased hacker activity. The objective of this article is to analyze these ethical issues in an effort to eliminate them as a hinderance to EHR implementation. As of now, 98% of all hospitals use EHRs. Between 2009 and 2015, the government allocated money and resources for incentive programs to get EHRs into every healthcare providers' office. During this time period, over $800 million dollars facilitated EHR implementation. Using this as a tool EHRs negative perception can be revitalized and combated with the meaningful use program. This article will highlight the ethical implications of EHRs and suggest ways in which to avoid them to make EHRs available in every healthcare provider.


Author(s):  
Brian J. Galli

This article describes how healthcare and IT are combatting the ethical implications of electronic health records (EHRs) in order to make them adopted by over 90% of small practices. There is a lack of trust in EHRs and uneasiness about what they will accomplish. Furthermore, security concerns have become more prevalent as a result of increased hacker activity. The objective of this article is to analyze these ethical issues in an effort to eliminate them as a hinderance to EHR implementation. As of now, 98% of all hospitals use EHRs. Between 2009 and 2015, the government allocated money and resources for incentive programs to get EHRs into every healthcare providers' office. During this time period, over $800 million dollars facilitated EHR implementation. Using this as a tool EHRs negative perception can be revitalized and combated with the meaningful use program. This article will highlight the ethical implications of EHRs and suggest ways in which to avoid them to make EHRs available in every healthcare provider.


1995 ◽  
Vol 33 (3) ◽  
pp. 611
Author(s):  
Colleen Cebuliak

With the rapid rise in the use of such anti-depressant drugs as Prozac comes a host of legal and ethical issues for psychiatrists prescribing the drugs. This article examines the implications of prescribing mood-altering drugs from the standpoint of professional ethics and the law. The author discusses the side-effects of Prozac and the current trend towards "cosmetic psychopharmacology" - the use of the drug to alter or enhance the personalities of patients who are technically healthy but looking for an "edge" or mood-improver. The article explores the controversy surrounding the claim that Prozac patients experience suicidal and violent thoughts as a result of the drug; the author goes on to discuss the issue of the psychiatrist's potential liability when something goes wrong and when the drug has been prescribed to a patient who is well. Following is a summary of current civil and criminal litigation surrounding the Prozac controversy. The author concludes that in most cases, the legal and ethical implications of prescribing Prozac to the "normal" patient should prohibit psychiatrists from doing so; however, the reality is that the prescription of Prozac to patients who are not clinically depressed is already widespread. Thus, the author concludes that the psychiatric community must encourage public debate and education.


Author(s):  
Reijo Tilvis

Widely accepted ethical principles are taken into account in several international declarations and recommendations, but national legislations of care for old people are characterized by wide diversity. Ethical considerations go further than pure clinical assessments and include all consequences of starting and/or withholding of cure and care. The oldest Hippocratic principles—beneficence (doing good) and non-maleficence (not harming)—are obligations of physicians to act in the best interest of the patients. Autonomy, the existence and feeling of freedom of choice and self-governance, has replaced paternalism, and is cherished in Western culture. Sufficient information and capacity of the patient are preconditions for giving informed consent before any treatment is undertaken. In cases of lacking capacity, the healthcare providers must consult family members or other proxy persons to find out what the patient’s wish might have been. Advanced statements of wishes or advanced directives can help to avoid surrogate decisions.


2019 ◽  
Vol 18 (2) ◽  
pp. 93 ◽  
Author(s):  
Carolyn Johnston ◽  
Lynn Gillam

Mobile health apps and wearable devices are widely available. They provide an opportunity to monitor and track health metrics continuously, and in real time, thus enabling diagnosis and chronic condition management to take place outside a hospital setting. The digital data produced can be shared with healthcare providers, researchers, and on social media. In this paper, we explore some of the legal and ethical challenges for doctors of these emerging technologies, by focusing on the example of management of childhood diabetes using continuous glucose monitors and insulin pumps. We identify and explicate these challenges through an analysis of three different case scenarios, all hypothetical but all realistic and reflective of current experiences of doctors caring for children with Type I Diabetes. We argue that current legal and ethical approaches can effectively be applied in determining duties of healthcare professionals using emerging technologies, whilst recognising the significant change in the nature of the doctor-patient relationship and the perception of therapeutic benefit of some technologies.


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