PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go!

Introduction to PHIL 210 Module Four Paper

The PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go! Focuses on navigating the complex ethical landscape in healthcare, where professionals often face challenging decisions that can have significant consequences. It aims to equip you with the ability to predict outcomes, understand the boundaries of practice, and make informed decisions that balance ethical considerations with practical realities. Through this Owlisdom How-To guide, you will explore critical issues such as informed consent, litigation, the scope of practice, apologies, and transparency in healthcare.

Why hasn’t implementing informed consent drastically reduced the number of claims? Is it a result of more mistakes being made?

Understanding Informed Consent and Litigation

In this section of PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go! Analyze the impact of informed consent on the number of claims and evaluate the reasons behind the persistence of claims despite informed consent.

• Begin by reading the provided articles on informed consent. Examine how informed consent reduces claims by ensuring patients are fully aware of risks and procedures. Look for data or case studies illustrating whether this has been effective. 
• Consider possible reasons why claims might persist despite informed consent.
• Investigate whether the persistence of claims is due to more mistakes or if other factors, such as miscommunication, patient expectations, or legal complexities, are at play. Critically assess these factors and provide evidence from the readings.

Example

Understanding Informed Consent and Litigation

Informed consent, a cornerstone of healthcare, is designed to ensure patients are fully aware of the risks and procedures associated with their treatments (Adeola & Ayobami, 2024). However, despite its implementation, the number of claims has not drastically reduced. This persistence can be attributed to a complex interplay of factors. Firstly, while informed consent aims to minimize claims by educating patients, its effectiveness is limited by miscommunication, patient expectations, and legal complexities. The AMA Journal of Ethics article notes that communication failures and unrealistic patient expectations can lead to dissatisfaction and litigation despite informed consent (Kass & Rose, 2016).

The PBS article highlights that errors and adverse outcomes can still occur despite informed consent, leading to claims (PBS, 2014). This underscores the crucial role of informed consent in healthcare. Moreover, the legal landscape fosters litigation as a means for patients to seek redress. The intricacy of medical procedures and the variability in patient comprehension also contribute to the persistence of claims. The NBER article substantiates this by indicating that informed consent alone cannot eliminate all risks and that systemic issues in healthcare delivery also come into play.

Do you also think we have too much litigation in healthcare?  

Litigation in Healthcare

In this section of PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go! Assess the prevalence and impact of litigation in healthcare.

• Analyze the extent of litigation in the healthcare sector by looking at statistical data and trends. 
• Discuss whether you think the level of litigation is justified or excessive, providing reasons and examples to support your viewpoint.

Example

Litigation in Healthcare

Litigation in healthcare is not just a frequent occurrence but a pervasive issue with profound impacts on the industry. According to the AMA Journal of Ethics, the U.S. healthcare system grapples with many malpractice claims annually, with significant financial implications (NBER, 2019). The PBS article further elucidates that high litigation rates lead to defensive medicine practices, escalating overall healthcare costs and compromising the quality of care  (PBS, 2014).

Many argue that the level of litigation is excessive, driven by a litigious culture and the high stakes of medical errors. However, some litigation is necessary to ensure accountability and justice for patients harmed by medical negligence. The challenge, a tightrope walk that requires careful consideration, lies in balancing protecting patient rights and preventing frivolous lawsuits that burden the healthcare system, a task that healthcare professionals, legal professionals, and policymakers must grapple with (Kass & Rose, 2016).

Is there ever a reason to act outside your scope of practice? Why or why not?

Acting Outside the Scope of Practice

In this section of PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go! Determine the ethical implications and consequences of acting outside one’s scope of practice.

• Reflect on scenarios where healthcare providers might consider acting outside their scope of practice. 
• Discuss the potential risks and benefits, ethical considerations, and legal consequences. Use examples from the readings to illustrate your points.

Example

Acting Outside the Scope of Practice

Healthcare providers might sometimes consider acting outside their scope of practice, especially in emergencies requiring immediate action to save a life. However, this can have profound ethical and legal implications. Acting outside one’s scope can lead to inadequate care, legal consequences, and loss of licensure. The ethical considerations include the provider’s responsibility to do no harm and to ensure patient safety.

The AMA Journal of Ethics suggests that healthcare providers should adhere strictly to their scope of practice to maintain professional standards and patient trust. The NBER article also emphasizes that unauthorized practice can lead to adverse outcomes and increase liability.

In our litigious society, is there a place for apologies from healthcare providers? Would you apologize? Explain your answer. 

Apologies in Healthcare

In this section of PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go! Explore the role and impact of apologies from healthcare providers.

• Investigate the concept of apologies in the healthcare setting.
•  Consider whether apologies can help reduce litigation and improve patient-provider relationships. 
• Reflect on whether you would apologize in a given situation and justify your decision with ethical reasoning.

Example

Apologies in Healthcare

In our litigious society, apologies from healthcare providers can reduce litigation and improve patient-provider relationships. According to the AMA Journal of Ethics, open communication and apologies can help address patient grievances, potentially reducing the likelihood of lawsuits (NBER, 2019). The PBS article also highlights that apologies can foster trust and show compassion, which may deter patients from seeking legal action.

I would consider apologizing when an error or adverse outcome has occurred. An apology and a transparent explanation can demonstrate accountability and a commitment to patient welfare, aligning with ethical principles of beneficence and non-maleficence.

What role do you think transparency from medical professionals plays in a patient’s decision to sue or not to sue? 

Transparency and Patient Decisions

In this section of PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go! Analyze the influence of transparency on patient decisions to sue or not to sue.

• Examine how transparency from healthcare providers affects patient trust and their decision to pursue legal action. 
• Use evidence from the readings to discuss the benefits and challenges of maintaining transparency in medical practice.

Example

Transparency and Patient Decisions

Transparency from medical professionals significantly influences patient trust and their decisions to sue. The AMA Journal of Ethics notes that patients are less likely to pursue legal action when they feel informed and involved in their care (Kass & Rose, 2016). The NBER article supports this, indicating that transparency can mitigate misunderstandings and build stronger patient-provider relationships (NBER, 2019).

However, maintaining transparency can be challenging due to the complexity of medical information and the potential for misinterpretation. Nonetheless, the benefits of fostering trust and reducing litigation outweigh these challenges.

How will this week’s topics affect your actions/practice?

Personal Reflection

In this section of PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go! Reflect on how the discussed topics affect personal actions and practice in healthcare.

• Consider how the ethical issues discussed throughout the assignment influence your approach to healthcare practice. 
• Reflect on any changes you might make in your professional behavior and decision-making processes due to this assignment.

Example

Personal Reflection

This week’s topics have profound implications for my actions and practice in healthcare. Understanding the importance of informed consent, the impact of litigation, and the ethical boundaries of practice reinforces my commitment to patient safety and ethical integrity (NBER, 2019). The discussions on apologies and transparency underscore the need for open communication and honesty in patient interactions. Moving forward, I will strive to enhance my communication skills, adhere strictly to my scope of practice, and prioritize transparency to build trust and provide high-quality care.

Closing

The PHIL 210 Module Four Short Paper: Hi-Ho, Hi-Ho, It’s off to Court we Go! has comprehensively explored critical ethical issues in healthcare, including informed consent, litigation, scope of practice, apologies, and transparency. By critically analyzing these topics, you gain a deeper understanding of the complex ethical landscape they will navigate in their professional practice. The key takeaway is the importance of balancing ethical considerations with practical realities to make informed and responsible decisions in healthcare. In the upcoming module of PHIL 210, we will explore the Liability and Legality of Healthcare & Leadership.