What is “Legality”? What are “Ethics”? Compare and contrast legality and ethics in health care. Provide one (1) specific real life legal case example of a violation of legality in a healthcare organization and one (1) specific real life legal case example of a violation of ethics in a healthcare organization that you find on the internet or in the print media

/in /by

Discuss with your colleagues the following questions: What is “Legality”? What are “Ethics”? Compare and contrast legality and ethics in health care. Provide one (1) specific real life legal case example of a violation of legality in a healthcare organization and one (1) specific real life legal case example of a violation of ethics in a healthcare organization that you find on the internet or in the print media. See Discussion Expectations and Grading for rules on discussions. Read background articles. This discussion requires additional research beyond reading the articles.

Assigned reading materials:

Understanding Federal Courts – (Control>>Click>>From Drop down Menu select Open in New Window or Copy/Paste into your URL) http://www.uscourts.gov/about-federal-courts/court-role-and-structure
Introduction to the U.S. Legal System- http://litigation.findlaw.com/legal-system/introduction-to-the-u-s-legal-system.html
Legal issues facing health care professionals-http://www.beckershospitalreview.com/hospital-management-administration/13-legal-issues-for-hospitals-and-health-systems.html
Ethical and legal analysis of health care case-http://ijahsp.nova.edu/articles/Vol2num1/pdf/lazaro.pdf
This educational resource is designed to help health care organization directors ask knowledgeable and appropriate questions related to health care corporate compliance.http://www.hcca-info.org/Portals/0/PDFs/Resources/Conference_Handouts/Clinical_Practice_Compliance_Conference/2007/Fri/601Handout.pdf
Health Care Ethics – samples.jbpub.com/9781449665357/Chapter2.pdf
Example of an Employee Handbook from Johns Hopkins: https://www.hopkinsmedicine.org/human_resources/_docs/employee_handbook_non-union_non-represented.pdf
A Framework for Thinking Ethically

This document is designed as an introduction to thinking ethically. We all have an image of our better selves-of how we are when we act ethically or are “at our best.” We probably also have an image of what an ethical community, an ethical business, an ethical government, or an ethical society should be. Ethics really has to do with all these levels-acting ethically as individuals, creating ethical organizations and governments, and making our society as a whole ethical in the way it treats everyone.

What is Ethics?

Simply stated, ethics refers to standards of behavior that tell us how human beings ought to act in the many situations in which they find themselves-as friends, parents, children, citizens, business people, teachers, professionals, and so on.

It is helpful to identify what ethics is NOT:

Ethics is not the same as feelings. Feelings provide important information for our ethical choices. Some people have highly developed habits that make them feel bad when they do something wrong, but many people feel good even though they are doing something wrong. And often our feelings will tell us it is uncomfortable to do the right thing if it is hard.
Ethics is not religion. Many people are not religious, but ethics applies to everyone. Most religions do advocate high ethical standards but sometimes do not address all the types of problems we face.
Ethics is not following the law. A good system of law does incorporate many ethical standards, but law can deviate from what is ethical. Law can become ethically corrupt, as some totalitarian regimes have made it. Law can be a function of power alone and designed to serve the interests of narrow groups. Law may have a difficult time designing or enforcing standards in some important areas, and may be slow to address new problems.
Ethics is not following culturally accepted norms. Some cultures are quite ethical, but others become corrupt -or blind to certain ethical concerns (as the United States was to slavery before the Civil War). “When in Rome, do as the Romans do” is not a satisfactory ethical standard.
Ethics is not science. Social and natural science can provide important data to help us make better ethical choices. But science alone does not tell us what we ought to do. Science may provide an explanation for what humans are like. But ethics provides reasons for how humans ought to act. And just because something is scientifically or technologically possible, it may not be ethical to do it.
Why Identifying Ethical Standards is Hard

There are two fundamental problems in identifying the ethical standards we are to follow:
1. On what do we base our ethical standards?
2. How do those standards get applied to specific situations we face?

If our ethics are not based on feelings, religion, law, accepted social practice, or science, what are they based on? Many philosophers and ethicists have helped us answer this critical question. They have suggested at least five different sources of ethical standards we should use.