Ethical and Legal Concepts Required of Health Care Organizations

Ethical and legal concepts, including specific federal regulations, required of health care organizations
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Thesis;
The provision of quality healthcare that ensures the safety of patient under the confines of ethical and legal concepts including the federal regulations remains a vital component of a healthcare organization.
Introduction
The delivery of high-quality healthcare geared towards ensuring the safety of patients remains an integral part of any healthcare organization. It is evident that healthcare practitioners and organizations face many challenges in the contemporary health care setting in trying to provide safe practices that ensure the safety of patients. Many Healthcare organizations are susceptible to errors that may be detrimental to the safety of patients as a result of fundamental flaws in their systems (Lee, Bothe, & Steele, 2012). Out of this, there are a number of ethical and legal concepts that include the federal regulations have been designed for health care organizations with the aim of ensuring the delivery of high-quality health care that ensures that patient’s safety is considered. This paper, therefore, seeks to focus on these elements.
Basic Concepts of Ethical and Legal Regulations in Healthcare
Ethical standards may be considered as above legal standards since medical practitioners and organizations are required to carry out their functions based on what is right to do and not on what is needed by the law (Lee, Bothe, & Steele, 2012). Ethics according to Taylor 2005 is considered as the moral foundations that define the standards of conduct within an institution. The healthcare organizations in many a time are hit by ethical dilemmas that require the organizations to develop and deploy ethical actions that can provide solutions to this dilemma.
The difficulties occur in the event that the ethical reasoning of the decision makers within an institution conflict with those of the patients and facilities. Dilemmas can also be resolved through the use of the guidelines provided in the codes of ethics that is designed for medical organizations and associations (Mantel, 2013). According to some literature, healthcare facilities need to incorporate ethical concepts into their functions in order to better the quality of their services. Some of the vital elements that should be observed include;
Respect for Autonomy
This is a self-rule which is an important element in health care since it is only applied when a practitioner seeks the consent of a patient requiring the provision of adequate information to make some decisions with regards to an intervention or a treatment plan (Mantel, 2013). An informed consent is, therefore, a legal necessity for medical interventions in health institutions. The autonomy concept gives the practitioners the opportunity to respect the decisions of a patient even in the event that the views and decisions of the patient do not match that of the recommendations of the practitioner.
Beneficence
It is also required that the interest of the patient must come first when care is provided to them in a health facility, with considerations stating that at no cost should patients be harmed. An instance of this is given especially in an instance where Jehovah Witnesses, a religious sect do not accept some concepts in the medical world such as blood transfusion, a factor that clearly indicates that they would in no case give consent to any medical facility to carry out transfusions despite the procedures possibility of saving a life (Mcadoo, & Coustasse, 2014).It is evident that practitioners are in many organizations trained on beneficence and no malfeasance. However in an event that the providers are forced to respect the views of the patient and his family, they may be placing the patient in harm.
Justice
This element requires that patients are treated equally and making healthcare safe and accessible to all in the community. Justice should also be considered in the manner in which healthcare services are dispensed, a factor that makes better healthcare services available. In some places, patients can access healthcare only on terms that they either pay for the services from their pockets or the services are paid by employers or some sponsored programs (Mcadoo, & Coustasse, 2014). In such countries that have universal health care coverage’s, justice should, therefore, be prevalent in their functions.
The Basic Concept of Law in Healthcare Organizations
The healthcare organizations in the United States of America remain the most heavily regulated sector. The law is a body of rules and legislations that are developed to govern the conduct of organizations and individuals (Mcadoo, & Coustasse, 2014). Low in the healthcare systems is created to generate a minimum standard of action required in an organization's functions and practices. In order to enhance the status of care for patients in health institutions, it is, therefore, important for these organizations to operate under some frameworks that have been created by the law.
In the healthcare setting, there exist civil and criminal laws that are bound to affect an institution. The civil law draws organizations focus on the wrongful acts of such an institution and its practitioners based on contractual violations (Bottrell, Fox, Berkowitz, Chanko, Foglia, & Pearlman, 2010). On the other hand, criminal law reinstates its concerns on actions within health organizations that are illegal based on the decisions of a court of justice. Such laws may regulate and impose penalties on organizations that commit frauds that would affect the quality of their services.
Many organizations fail to provide better services to their patients due to negligence’s, a factor that results in damages to a patient’s health. Such intentional torts include assault, and battery would be considered in the event that a surgeon performs a surgery without the consent of a patient (Bottrell, et.al). Many cases lie in the courts of law that result out of patients who sue physicians since they believe that have been given inadequate medical care. It is, therefore, significant to mention that organization in the healthcare sector need to adhere to the legislations that are keen on ensuring that better healthcare is provided to patients.
Failure to Follow the Standards of Care
Patients who are injured during medical care and treatment are in a position to make claims against health care provider institutions in case the patient can verify and prove that the injuries acquired were as a result of the practitioner’s failures in following the articulated procedures and standards (Martin, E. J. 2015). The duty of care mainly requires that medical practitioners have the needed knowledge and judgment in providing care and treatment to a patient, inclusive of the apt use of facilities as an option in enhancing the course of treatment.
Many facilities have now turned to approaches geared towards measuring the practitioner actions in practice against the provided standards and requirement of care as prescribed by the law (Martin, E. J. 2015). However, due to the accommoda...