PHIL 210 Module Five discussion: Liability and Legality of Healthcare & Leadership

Introduction to PHIL 210 Module Five Discussion

The PHIL 210 Module Five discussion: Liability and Legality of Healthcare & Leadership focuses on the ethical and legal challenges healthcare professionals and public health authorities face, especially in light of the COVID-19 pandemic. It explores the implications of medical professionals sharing information, the balance between freedom of speech and public health, and the ethical responsibilities of leaders in enforcing health directives. This PHIL 210 How-To Guide will help develop a nuanced understanding of the intersection between ethics, law, and healthcare by critically analyzing scenarios and current issues.

Scenario 1, First, read this linked article from 2018. Next, respond to the following prompts. Is it fair that medical professionals be held legally liable for giving/sharing information they believe to be true? What if that information is not evidence-based? What if science hasn’t evolved enough to prove one theory?

Understanding Legal and Ethical Implications

Read the linked article from 2018 and respond to the prompts.

• Identify critical arguments in the article regarding legal liability.
• Evaluate the fairness of holding medical professionals accountable for shared information.
• Discuss the implications if the shared information is not evidence-based or scientific knowledge is still evolving.

Example

In the wake of COVID-19, healthcare’s legal and ethical landscape has faced unprecedented challenges. This discussion explores these complexities by examining medical professionals’ responsibilities, the impact of social media on public health information, and the role of public health directives.

Understanding Legal and Ethical Implications

Medical professionals often share information they believe to be accurate, yet they must navigate the fine line between personal beliefs and evidence-based practice. The article from 2018 argues that medical professionals should be held legally liable for the information they share if it causes harm, even if they believe it to be true. This raises questions about fairness, especially when scientific knowledge is still evolving. Holding professionals accountable ensures the integrity of healthcare, but it must be balanced with the recognition that not all medical information is absolute. If the shared information lacks a solid evidence base, it can undermine public trust and lead to misinformation.

In the US, we have “freedom of speech,” so what are your thoughts on websites pulling information they deem false? Like Facebook & Twitter pulling false claims and excluding former President Trump but not other radical leaders?

Freedom of Speech vs. Public Health

Analyze the balance between freedom of speech and the need to prevent misinformation.

• Reflect on the impact of social media platforms like Facebook and Twitter pulling false information.
• Consider the ethical responsibilities of these platforms in public health.
• Compare the treatment of different public figures, including former President Trump and other radical leaders.

Example

Freedom of Speech vs. Public Health

Freedom of speech is a fundamental right in the US, but it must be weighed against the need to prevent misinformation, particularly in public health. Social media platforms like Facebook and Twitter play a critical role in this balance by removing false claims. Their actions, excluding former President Trump while allowing other controversial figures to remain, highlight the ethical responsibility to protect public health while maintaining equitable standards. These platforms must navigate the moral implications of their policies, ensuring they do not stifle legitimate discourse while curbing harmful misinformation.

Lastly, what are your thoughts on Dr. Judy Markovits? Are her actions in line with professional ethics? If you’re unsure who she is, please see a few of these links and respond.

Case Study Analysis: Dr. Judy Mikovits

Research Dr. Judy Mikovits and assess her actions from an ethical perspective.

• Use the provided links to understand Dr. Mikovits’ background and actions.
• Critically analyze her actions and statements in the context of professional ethics.
• Formulate an opinion on whether her actions align with ethical standards in healthcare.

Example

Case Study Analysis: Dr. Judy Mikovits

Dr. Judy Mikovits, a controversial figure, has made claims contradicting established scientific consensus. Her actions, as documented in various sources, raise significant ethical concerns. Medical professionals must adhere to ethical standards, prioritizing evidence-based information and public safety. Mikovits’ dissemination of unproven theories undermines these principles and highlights the need for stringent ethical guidelines in healthcare communication.

Since the widely accepted practice of wearing shoes in a place of business to receive service isn’t a law, why do people not complain?

Public Health Directives and Personal Rights

Compare the mask mandate to other public health rules and understand public resistance.

• Analyze why people accept shoe mandates but resist mask mandates.
• Reflect on the argument of personal rights versus public health directives.
• Discuss the potential consequences if mask mandates were enforced by law.

Why is the mask mandate such a big deal since both require covering body parts (feet vs. nose and mouth)?Knowing that we live in America, where businesses can refuse service to anyone who does not follow their stated rules, where do you think the argument “I have rights” comes from, especially when those being asked to leave a business have violated a posted business rule? Since businesses can choose to enforce the shirt & shoes or withhold service, why are people so surprised when the same logic applies to a different part of the body? If this was to become law, do you think it would be followed?

Business Policies and Public Compliance

Analyze the acceptance of business policies on attire and health.

• Discuss why businesses can refuse service based on attire and health rules.
• Compare public reactions to different types of business policies.
• Explore the ethical implications of enforcing these policies.

Thinking about the ethical impacts of leadership, should public health officials (Mayors, Public Health Directors, etc.) have the authority to make citizens alter their actions? If not, where is the line? Some could argue that not allowing citizens to speed impacts their actions and that keeping food past its expiration dates and storing raw meat on the room-temperature countertop is their right as business owners.

Ethical Leadership in Public Health

Evaluate the authority of public health officials and the balance between public safety and personal freedoms.

• Consider the ethical responsibilities of public health leaders.
• Reflect on the balance between enforcing health directives and respecting personal freedoms.
• Discuss examples of public health decisions that impact personal actions.

Example

Public Health Directives and Personal Rights

Public health directives, such as mask mandates, often face resistance despite being similar to other accepted business policies like wearing shoes. This resistance stems from perceived infringements on personal rights. Analyzing why people comply with shoe mandates but resist masks reveals deeper societal values and misconceptions about individual freedoms. Compliance might improve if mask mandates were legally enforced, but the ethical debate around personal rights would persist.

Knowing that we live in a “free” country where lawsuits can and are filed for any reason,  how much of their decisions are made to avoid being held legally responsible for perceived negligence?

Legal Responsibility and Ethical Decision-Making

Understand the legal ramifications of public health decisions and discuss the role of ethical considerations.

• Analyze the legal responsibilities of public health officials.
• Discuss how ethical decision-making can help avoid legal issues.
• Reflect on the importance of ethical considerations in public health leadership.

Example

This exploration of legal and ethical implications in healthcare underscores the importance of balancing professional responsibilities, freedom of speech, public health directives, and personal rights. Ethical decision-making and leadership are paramount in navigating these complex issues, ensuring that healthcare professionals and public health officials maintain public trust and safety.

Closing

PHIL 210 Module Five discussion: Liability and Legality of Healthcare & Leadership highlights the complex interplay between ethics, law, and public health. By critically analyzing scenarios and current issues, you gain insights into the ethical responsibilities of healthcare professionals and public health leaders. The key takeaway is the importance of ethical decision-making in navigating healthcare’s legal and moral challenges, ensuring the public’s well-being while respecting individual rights. 

In the upcoming module of PHIL 210, we will explore End of Life Care.