Health Policy and Law Basics
Health Policy and Law Basics
Healthcare is a very crucial aspect in every set up both within a community and countrywide which covers both private and public sector. With enough health workers and health infrastructure healthcare sectors easily realize capacity building, growth and a good reputation. As a social service healthcare requires collective efforts, proper planning, structuring and implementation of proper systems and regulation governing which will in turn attract donations from both international and national donations and funding which will stimulate positive growth.
Teitelbaum, & Wilensky, (2012), professional autonomy works best in medical care since it gives individuals the right to make their own decisions on how they want to be handled medically hence the need to seek the consent and covenant of the patient way before performing any procedures or treatment.In situations where the patient cannot respond communicate; there comes a need to assist the patient due control and choice of an individual’s life. Respect and justice are examples of principles that are exercised at such a case. Decrease of professional autonomy is caused by managerial power while increase in practice arises due to a variety of ideologies and philosophies pertaining to work; this in turn influences the nature and practices at work place.
The freedom given to professionals that dictates the nature of working professionally in accordance to ethics, control mechanisms and quality aspects brings about professionalism autonomy (Weisfeld, 2011). When it is lost, healthcare professionals also fails to show detail content and kind of their task hence a failure to keep boundaries of the domains professionally.
Despite losing of professional autonomy challenges always occur at different levels due to various perspectives, ideas on control, managerial principles resulting from division of work and other influencing factors.
Health professionals and administrators are prevalent to so many risks and issues as they deliver their daily service; hence they are governed under contract law, tort law and criminal law. Such laws ensure that justice should prevail when the doctors and nurses are working. The probability of getting exposed to errors and mistakes is common for example during surgery and diagnosis of a patient’s condition. The patient during any of the procedure may die or cause some dysfunction and incapacity, another is disclosure of the patient’s information all this crimes are against federal laws that are to cover and protect the privacy of patients (Powers & Faden, 2006). Criminal law and Tort laws are the two major laws in the healthcare sector, such cases such as civil happens when health professionals attending to a patient does not follow the requirements of the healthcare setting and cause damages at the end of procedures which in turn spoils the reputation of the physician and the healthcare facility leading to civil suits due to inappropriate conduct. The physicians are always advised not to cause any harm to the patient at all times.
Since the healthcare sector is governed by state statutes and federal laws any violation of such leads to severe punishment and imprisonment. Any kind of malpractice by a physician or the healthcare may lead to criminal court cases and justice systems; violence may occur in healthcare centers on patients that are of not sound mind or mentally ill and normally happens at emergency rooms. Agencies of local law enforcement are ones responsible for violent occurrences of patients and the rest of the victims. There are a number of issues facing healthcare policy and law which include lack of trust issue, this occurs to patients on consent matters, for example young children (Powers & Faden, 2006). Confidentiality being a legal and ethical issue, standards should be kept as it is to show respect for the patient’s autonomy and sometimes it may be broken to avoid damages or harm. Some instances have shown improper r inappropriate relationship between professionals or practitioners having a sexual relationship with their patients and indication of power abuse. This is so wrong and unethical since it results in more damages and harm. The issue of malpractice is another great risk that is faced by healthcare practitioners and lawsuits filed against any harm and injury during procedures like surgery, faulty equipment, improper care and attention administered as well as wrong medication that results to damage or harm to the patient hence risk of litigation. Consent is another issue that occurs because conflicts that arise between medical physicians and patients where there is lack of informed decisions for proper treatment that is acceptable (Weisfeld, 2011). Any procedure that is carried out without the correct consent of a patient results to assault, hence leading to conflict of ethics and law. In some circumstances the physician is not allowed to disclose and kind of information to the guardians or parents without the consent of the young one.
Healthcare industry despite facing a lot of challenges the government intervention will greatly have an impact to sort out issues and problems such as those of federal exchanges, not necessarily looking at how the current insured is expensive but work towards cutting down the costs while considering long-term enforcement of antitrust to work on the prices which will help in lowering rates of healthcare costs (Teitelbaum, & Wilensky, 2012).
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