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The ability to comply with the established norms stated out in a specific legislation is referred to as legality (Reddy, Allan, Coghlan, & Cooper, 2020). Ethics, on the other hand, emphasizes the behaviors or behavior that are deemed normal or improper depending on societal criteria (Kasthuri, 2018). The healthcare industry emphasizes the importance of both legal and ethical considerations. The quality of care is determined on this basis adherence to or respect of the law.
2: the state or quality of being lawful: LAWFULNESS
3: legalities: Statutory responsibilities
Ethics is a collection of standards that define what is and is not acceptable behavior. Ethics comes from the Latin word “ethos,” which meaning “character.” Ethics is a social science that studies notions such as right and wrong, moral and immoral, and good and terrible interpersonal behavior.
While legal standards are established by government legislation, ethical standards do not always have a legal foundation. Legal standards are beneficial because they assist individuals comprehend what they are and are not permitted to do, but ethical standards are primarily based on human ideas of right and wrong.
A hospital network based in Illinois fails to do a thorough risk study.
Three data breaches involving four million persons culminated in the highest HIPAA payment in 2016. After an unencrypted laptop was stolen from an employee’s car and four PCs were stolen in a separate incident, a healthcare network in Illinois paid $5.5 million. According to the Office for Civil Rights, the hospital system failed to do a risk analysis that included physical and administrative precautions in addition to the technical safeguards in place.
Multiple HIPAA standards have been broken by a Tennessee imaging company.
To rectify HIPAA violations, a Tennessee-based medical imaging services company paid $3 million in penalties and implemented a corrective action plan (CAP) in 2018. One of the FBI’s servers was discovered to be online, allowing anyone to search and read PHI for over 300,000 people using search engines. Following the finding, they initially refused to acknowledge that the protected information had been disclosed and took 147 days to tell those who had been affected.
Online information brokers: This sort of information broker sells or trades specific information obtained about users to a Web site, frequently without the users’ consent. Permission is ‘given’ somewhere in the fine print of a Web site’s privacy policy. These profiles of specific users’ demographics and interests can be extremely useful to a marketer for targeted advertising, such as online or through the mail.
Online Charlatans, or Unlicensed and Unqualified Online Information Providers: Non-professionals and Web entrepreneurs have saturated the Internet with “mentoring” or “counseling” services, “wonder cures,” and other life-improvement products. Many people are providing services or items that may be considered health fraud on the Internet, outside of ethical and legal constraints.
Torres, G., Shapiro, A., & Mackey, T. K. (2019). A review of surrogate motherhood regulation in south American countries: pointing to a need for an international legal framework. BMC pregnancy and childbirth, 19(1), 1-12.
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Ethics refers to the behavior of people to choose the right or best path, and to make the most correct choice from a variety of choices; this includes how and why they communicate with their colleagues, clients and superiors (Goodwin, 2020). Legality on the other hand refers to the act of being in accordance with the law. In healthcare, ethics define moral principles that are essential in guiding medical decisions, care and treatment while healthcare legality specifies legal responsibilities that must be followed. There are loads of real life cases that showcase ethical and legal violations within healthcare organizations. The case addressed below highlights key elements that pinpoint ethical and legal infractions carried out by a healthcare professional.
Violation of Ethics and Legality:
Heaps, formerly of the University of California, Los Angeles (UCLA), appeared in court last June on charges of sexual misconduct involving two patients. UCLA said it investigated Heaps in 2018 for sexual misconduct and improper billing practices and reported him to California’s medical board, the U.S. Department of Health and Human Services Office of Inspector General and law enforcement, as well as terminating his employment. UCLA has paid more than $3.5 million in settlements related to accusations against Heaps, according to news reports.
While he is facing criminal charges related to just two accusations, Heaps has been accused by more than 50 women of sexual assault (Finnegan, 2019).
In healthcare, ethical and legal practices are extremely vital components that help to ensure the safety and wellbeing of consumers and clinical professionals.
References:
Finnegan, J. (2019, December 30). 5 legal cases against doctors that made headlines in 2019. Retrieved from https://www.fiercehealthcare.com/practices/5-legal-cases-against-doctors-made-headlines-2019
Goodwin, T. (2020, October 21). Ethical communication in the workplace. Retrieved from https://www.mindedge.com/communications/ethical-communication-in-the-workplace/
