Individual Rights In Health Care Case Study

(Roper v Simmons, 2005, p. 570). Sullivan also pointed out that some laws on children being able to do things without being a certain age such as voting, driving, marriage, tattoos, and the purchasing age of alcohol (Sullivan v.

Minnesota, the Court reiterated its earlier assertions about adolescent decisionmaking capacities, concluding that “The State has a strong and legitimate interest in the welfare of its young citizens, whose immaturity, inexperience, and lack of judgment may sometimes impair their ability to exercise their rights wisely” and that the state has a legitimate interest in “ensuring that the minor’s decision is knowing and intelligent.” The Hodgson Court did have access to ample social scientific literature supporting the claim that pregnant minors are no less competent than adults in their ability to make informed decisions about their medical care, including decisions about abortion. But the Court only cited the APA’s amicus brief twice—and only to support striking down the law’s two-parent consent requirement. The Court declined to question whether its assumptions about minors’ decision-making competencies were unfounded, even though the APA’s amicus brief provided evidence to suggest as

There have been many instances of unauthorized viewing of medical records. Unauthorized viewing of patient records is a violation HIPAA. The HIPAA Privacy Rule requires that “protected health information should not be used or disclosed when it is not necessary to satisfy a particular purpose or carry out a function” (Health and Human Services.gov). The case study in which Joe, a staff member accessed medical information after he was allowed access to the hospital to change lightbulbs and the case study in which the daughter of a nurse accessed medical information as a result of the mother leaving the computer unlocked and unattended, are HIPAA violations (i.e both people accessed the medical information illegally). Joe was tasked with changing a lightbulb, but was curious about a patient he knew on a personal level, his neighbor.

An indication that disproves the U.S. Supreme Court’s decision centers on the idea that one’s age should not be used as an excuse to minimize their punishment. In her essay “On Punishment and Teen Killers”, Jennifer Jenkins supports this by arguing that a juvenile should not use their age as an excuse to get out of trouble with the law. After mentioning the horrific case of a teenager who killed a pregnant woman for satisfaction, it is revealed that the murderer was charged with three life sentences. Despite the murderer’s wicked actions, some people still believed that the murderer did not deserve life sentences just because the killer was not considered a legal adult. To support her argument that age isn’t enough of an excuse, Jenkins writes “There are advocates who wish to minimize

Some deny medical help especially in children who have no word against their parents. Article 19 helps this situation because it provides medical assistance to children who are in need. In my opinion this article protects the lives of individuals, but also invades personal belief. Article 3 is the article that specifies that all men have equal rights and no individual has more privileges than others, and the law treats everyone

Patient Rights. Enactment of HIPAA enables patients in many ways by providing them a set of rights which include a right to be notified about the privacy practices of the covered entity they are dealing with, a right over control and access of their Personal Health Information(PHI), and to take legal action against an entity on encountering any HIPAA violation without facing threats of retaliation. Security Safeguards. The Security Rule of HIPAA provides a highly detailed series of requirements in terms of administrative, technical, procedural and physical guidelines, for securing the electronic Personal Health Information (ePHI). State Law.

Healthcare in the United States is in desperate need of reform. There are several rationales to further explain this proposition. As an illustration, the Declaration of Independence states our unalienable rights: life, liberty and the pursuit of happiness. In other words, every individual should be entitled to healthcare as it preserves life and promotes the general welfare. The federal government should, therefore, enact a program of universal health to better protect and serve all of its citizens.

While Obamacare is working to make sure that everyone has access to care, it is also imposing on people's right to make their own decision. Forcing people to get insurance means disregarding financial

The case I will be concentrating on is Tomcik vs. Ohio Dep’t of Rehabilitation and Correction in which Tomcik was imprisoned under the custody of Department of Rehabilitation and correction, based on the Legal and Ethical Issues for Health Professionals book. The problem stimulated from continuous negligence from nurses and doctors at the department, which initially was when Tomcik received a physical evaluation, included the breast examination by Dr. Evans who stated that the examination was cursory and lasted only a few seconds, which means that not much attention was presented regarding the patient and his job. The next day Tomcik noticed a lump as being about the size of a pea in her right breast, however it was not reported by Dr. Evans.

However, it is also very important that one must not imagine that a patient lacks the capacity to make a decision exclusively because of their medical condition, behavior, beliefs, apparent inability to communicate, age, appearance, disability, or the fact that they make a choice that one opposes with. The validity of consent is in two forms, voluntary and informed. Voluntary, the choice to either consent or not to consent to treatment have to be made by the individual themselves, and must not be subjective by force from medical staff, friends or family. Relating to the use of capacity and the morality, the Mental Capacity Act (2005) is also relevant to people aged 16 years and older, and states that no judgement should be presumed unless it is established that he or she does not have a capacity. Capacity is treatment specific and can fluctuate.

Lastly, in some states; there are age of majority statutes which automatically prosecute sixteen and/or seventeen years old depending on the state as adults (Campaign for Youth

Health Care Law: Tort Case Study Carolann Stanek University of Mary   Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.

Ethics can be explained as principles a society develops to guide decisions about what is right and wrong. Ethical principles that society has are influenced by religion, history, and experience of the people in the group. Meaning that ethics is based on guidelines we have learned while growing up, that helps us differentiates what is right and what is wrong. For example, some people think health care should be a human right as others think it should only be available to those who can pay for it. Each group of people is guided by the principles they believe in.

Ethical Issues in Healthcare There are many ethical issues facing health care at any time and it is impossible to say definitively which is the most pressing or the most important. Health care professionals are expected to base their practice on a set of ethical principles, including truthfulness, beneficence, nonmaleficence, justice, and confidentiality. Ethical issues can arise, however, when a l professional is called upon to act in opposition to personal values or in cases where the values of patient, health care worker, and sponsoring institution conflict. The following issues are presented in no order. Neonatal Ethics Neonates are babies within their first twenty-eight days of life.

People under the age of 16 are not entitled to consent to medical treatment. However, exceptions may be made if hospital staffs are satisfied that patients are mature enough to make the decision for themselves. A hospital must not refuse to give you emergency treatment, unless the appropriate medical facilities or personnel aren't