New York City College of Technology City University of New York Law and Ethics Case: Jeanette M. and the Phone Call Erica Rotstein October 7, 2017 Professor Bonsignore HAS 3560 -Legal Aspects of Health Care Abstract The advancement in the field of medicine over the years has led to doctors and health care providers having more responsibilities on their hands. This brings into question what should and shouldn’t be done, as well as what is morally and ethically right. However, this isn’t so cut and dry.…
In 1976, the California Supreme Court ruled in the case of Tarasoff v. Regents of the University of California that a patient’s right to confidentiality “ends where the public peril begins.” It was decided that doctor-patient confidentiality could—and should—be broken if the doctor believes a patient will cause serious harm to another person. In his article entitled “A Defense of Unqualified Medical Confidentiality,” Kenneth Kipnis argues that doctor-patient confidentiality should always be kept, contrary to the findings of the Tarasoff case. He presents the fictionalized case of the infected spouse to clarify his argument. In this case, a husband learns from his doctor that he is HIV positive.…
Sane Enough to Die Imagine a state of paranoia so great that it starts to seem as if one’s own thoughts are not their own, or auditory and visual hallucinations that continuously speak of the inferiority of the masses, creating an intense sense of superiority in oneself. Such experiences are just a few of the possible symptoms of schizophrenia, a fairly well recognized psychological disorder present in today’s society. Psychological disorders are an incredibly real issue in the modern world that do not receive nearly enough consideration and understanding. It is this issue of mental illness that creates much controversy and indecisiveness in establishing legal guidelines for determining mental competence in the eyes of the law. Specifically, the Supreme Court case of Ford versus (v) Wainwright attempted to establish the constitutionality of executing someone deemed psychologically unfit after the trial process, as well as adequate procedures for doing so.…
Balancing Ethical Issues in Group Counseling While ethical guidelines are established within most counseling associations, these codes do not provide rigid procedures in the event that an ethical dilemma should occur. In their research on competing values within the area of ethics in counseling, Samuel Knapp and Leon Vandencreek (2007) observe that situations occur in which neither laws nor ethical guidelines provide a clear-cut solution to these dilemmas. For example, a recent stroke victim exhibits severe anxiety and agitation at an initial meeting, which causes providing the client with detailed information about treatment and gaining consent difficult due to lack of rationality.…
Bryan Stevenson, an established lawyer with a degree from Harvard Law School and an author of his own personal memoir titled Just Mercy, constantly battles the problems within the criminal justice system. In Stevenson’s memoir, he makes multiple arguments about the unfairness and the need for change within the criminal justice system. One such argument is that of individuals with mental health problems not being properly diagnosed during their trials, therefore receiving lengthy prison sentences such as life in prison. In order to convey his message about the neglect of the mentally ill in American prisons, Stevenson uses numbers, as well as stories that pull at the heartstrings of his readers. Just Mercy, Bryan Stevenson’s memoir was written…
Taking an introspective look into the criminal mind, justice system, and the treatment of those entangled in its web is a daunting task, but in the three articles “A Death in the Box” by Mary Pfeiffer, “Supremacy Crimes” by Gloria Steinem, and “Masked Racism: Reflections on the Prison Industrial Complex” by Angela Davis, the reality is exposed and reveals a flawed system designed and utilized by the wealthy upper class to punish and theoretically enslave the mentally ill and minority groups. In particular, “Supremacy Crimes” details the generalization and vagueness with which the media chooses to present events of mass killings and other tragic situations and paints a picture towards the true culprit committing these crimes effectively opening…
“There Is No “Right” to Healthcare,” by John David Lewis Thesis: Healthcare is not suitably a guaranteed right for persons because it would infringe on the rights of doctors, is paradoxical, and it goes against the freedoms defined by the US Constitution and the Declaration of Independence. Premise 1: The basis of all rights that are laid out in in the US Constitution are to protect the individual, not the wishes of the society or of other individuals. Requiring a doctor to perform care that other’s wish for would infringe on his or her rights to pursue the career envisioned. Premise 2: It is not right to force one person to act in helping another person at their own expense, even if the other person needs the help to survive.…
The United States judicial system is a symbol of liberty by providing legal decisions to enforce laws and the freedoms of the governed people. This particular branch of the United States government affects the everyday life of its American citizens. Through history this branch of legal administration has lived up to its promise and provided ground breaking decisions for the betterment of the people and its society. Unfortunately, with political influence and bureaucratic ritualism, the system focuses on the laws and regulations to such an extreme that due process undermines its purpose. There are multiple examples of the system failing and one issue is the proper prosecution of mentally ill convicts.…
In 1963, President John F. Kennedy (JFK) signed into law the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (CMHCA). The law was intended to deinstitutionalize patients from mental health hospitals and demonstrate a compromise between public health and medical practice models (Cameron, 1989). The law offered States financial incentives to build community-based outpatient centers to replace hospitals (Cameron, 1989). Due to the complexity of public health and treatment, the law has been revised numerous times since its implementation (Mental Health Commission Report, 2003).…
Though knowledge of ethical theory is not mandatory in dealing with moral dilemmas in healthcare, theories on moral reasoning can assist in making a decision as to what course of action to take (Seedhouse, 2009). In this segment of the assignment, I will relate the use of sound reasoning in applying the ethical theories of utilitarianism and deontology to one such ethical dilemma. The case is that of John who just underwent cancer surgery and is now waiting for the results of a further biopsy. Pam, his wife, proposes that the results of the biopsy be deliberately withheld from John if the result is positive for metastases.…
Supporters also ask why mercy killing is not legalized when murder in defense is taken into consideration by law (Naik, 2011). 1. The Patient’s right to self-determination. Patient empowerment has been a trend for more than twenty-five years. “it’s my life, my pain.…
Problem o The problem at hand relates to the topic of CBD-only medical marijuana items being introduced to Georgia. o These products help patients with a wide variety of diseases and disorders such as ALS, seizures, cancer, and many more. o The problem at hand lies not in how the products affect people, but how the products get to the people who need them.…
In this essay, I will contend that Brock’s argument in favor of the moral permissibility of voluntary active euthanasia (VAE) is sound and that Brock offers persuasive responses to the objection that (A) VAE is an act which involves the deliberate killing of an innocent person and (B) the deliberate killing of an innocent person is always morally wrong. To achieve this, I will begin by summarizing Brock’s argument for the moral permissibility of VAE. Then, I will synthesize the objection to Brock’s argument and Brock’s subsequent responses. Finally, I will describe why I find Brock’s responses persuasive. Brock’s argument for the moral permissibility of VAE can be constructed as follows: (1) VAE is supported by the “values of patient well-being…
In this essay, Steinbock tries to refute the claims about euthanasia presented by James Rachels, and tries to show how Rachel’s misinterpreted the American Medical Association 's doctrine regarding euthanasia. Steinbock states that contrary to Rachel’s interpretation, the AMA does not endorse any type of euthanasia, and that the termination of life is never the goal in a professional medical practice. Steinbock argues that Rachel 's error in his essay was the linkage of ending “extraordinary care” and passive euthanasia. Steinbock says that stoppage of extraordinary care or treatment that would prolong one 's life and creates burden for that patient is not always linked to the intention of death. Steinbock says “there can be a point (to the cessation of life-prolonging treatment) other than an endeavor to bring about the patient’s death,” Steinbock continues to provide examples where withholding treatment does not necessarily mean that this decision was made for the cession of life.…
Public policies that prohibit euthanasia violate the principle of moral autonomy of individuals because as long as an individual has a…