this is a discussion not a paper I need a paragraph under each question. each paragraph need to be at least 250 words with up to date references.
HAS 515 Week 8 Lecture:
Patient Rights and Responsibilities and Acquired Immunodeficiency Syndrome
Slide #
Scene/Interaction
Narration
Slide 1
Intro Slide
Slide 2
Scene 1
Professor Charles enters classroom and introduces the topics for today’s lesson and begins the lecture.
Prof Charles
: Hello everyone….welcome back to class. Today, we are going to discuss patient rights and responsibilities and acquired immunodeficiency syndrome.
The Patient Self-Determination Act of 1990 (PSDA) made a significant advance in the protection of the rights of patients to make decisions regarding their own health care. Healthcare organizations may no longer passively permit patients to exercise their rights but must protect and promote such rights. The PSDA provides that each individual has a right under state law to make decisions concerning his or her medical care, including the right to accept or refuse medical or surgical treatment and the right to formulate advance directives.
Let’s first discuss the rights of the patient. How are patient rights classified?
Casey:
Patient rights may be classified as either legal (those emanating from law) or human statements of desirable ethical principles (such as the right to healthcare or the right to be treated with human dignity). Both staff and patients should be aware and understand not only their own rights and responsibilities, but also the rights and responsibilities of each other.
Donald
: Patients also have a right to receive a clear explanation of tests, diagnoses, treatment options, prescribed medications, and prognosis; participate in healthcare decisions; understand treatment options; and discontinue or refuse treatment options. It is recognized that the relationship between the physician and the patient is essential for the provision of proper care.
Casey
: In addition to what has already been noted, I would say that legal precedent has established that not only does the institution have responsibility to the patient, but also the patient has responsibility to the institution.
Prof. Charles
: Absolutely… What does the federal and state law and the Constitution have to say about discriminatory practices?
Casey
: Most federal, state and local programs specifically require, as a condition for receiving funds under such programs, an affirmative statement on the part of the organization that it will not discriminate. For example, Medicare and Medicaid programs specifically require affirmative assurances by healthcare organizations that no discrimination will be practiced. Healthcare organizations who do not comply may lose Medicare and Medicaid certification and reimbursement.
Prof. Charles
: Excellent. What is an example of discrimination by a hospital?
Donald:
There was a case,
Stoick v. Caro Community Hospital
, where the patient brought a medical ...
Unit 3 Emotional Intelligence and Spiritual Intelligence.pdf
this is a discussion not a paper I need a paragraph under each quest.docx
1. this is a discussion not a paper I need a paragraph under each
question. each paragraph need to be at least 250 words with up
to date references.
HAS 515 Week 8 Lecture:
Patient Rights and Responsibilities and Acquired
Immunodeficiency Syndrome
Slide #
Scene/Interaction
Narration
Slide 1
Intro Slide
Slide 2
Scene 1
Professor Charles enters classroom and introduces the topics for
today’s lesson and begins the lecture.
Prof Charles
: Hello everyone….welcome back to class. Today, we are going
to discuss patient rights and responsibilities and acquired
immunodeficiency syndrome.
The Patient Self-Determination Act of 1990 (PSDA) made a
significant advance in the protection of the rights of patients to
make decisions regarding their own health care. Healthcare
organizations may no longer passively permit patients to
exercise their rights but must protect and promote such rights.
The PSDA provides that each individual has a right under state
law to make decisions concerning his or her medical care,
including the right to accept or refuse medical or surgical
treatment and the right to formulate advance directives.
Let’s first discuss the rights of the patient. How are patient
2. rights classified?
Casey:
Patient rights may be classified as either legal (those emanating
from law) or human statements of desirable ethical principles
(such as the right to healthcare or the right to be treated with
human dignity). Both staff and patients should be aware and
understand not only their own rights and responsibilities, but
also the rights and responsibilities of each other.
Donald
: Patients also have a right to receive a clear explanation of
tests, diagnoses, treatment options, prescribed medications, and
prognosis; participate in healthcare decisions; understand
treatment options; and discontinue or refuse treatment options.
It is recognized that the relationship between the physician and
the patient is essential for the provision of proper care.
Casey
: In addition to what has already been noted, I would say that
legal precedent has established that not only does the institution
have responsibility to the patient, but also the patient has
responsibility to the institution.
Prof. Charles
: Absolutely… What does the federal and state law and the
Constitution have to say about discriminatory practices?
Casey
: Most federal, state and local programs specifically require, as
a condition for receiving funds under such programs, an
affirmative statement on the part of the organization that it will
not discriminate. For example, Medicare and Medicaid programs
specifically require affirmative assurances by healthcare
organizations that no discrimination will be practiced.
3. Healthcare organizations who do not comply may lose Medicare
and Medicaid certification and reimbursement.
Prof. Charles
: Excellent. What is an example of discrimination by a hospital?
Donald:
There was a case,
Stoick v. Caro Community Hospital
, where the patient brought a medical malpractice suit against a
hospital physician who determined the patient was having a
stroke but refused to hospitalize her and told her to go to the
hospital.
The patient had a later appointment at the physician’s clinic that
day.
Upon arrival at the hospital, the patient was seen by another
physician and found to be having a stroke, paralyzed on one
side, weak, dizzy, with an inability to talk. This second
physician refused to hospitalize her since the hospital had a
policy that only the attending physician could admit her. The
patient went back to her attending physician who told her to
return to the hospital immediately but did not accompany her.
The patient waited an hour before her attending physician
arrived to admit her. The second physician, not her attending
physician, said he did not tell the patient she was having a
stroke and he was not negligent. The court found the second
physician negligent since he did not hospitalize the patient and
therefore was negligent.
Prof. Charles
: Great job Donald!
Now let’s take a closer look at the Bill of Rights of a patient.
Patients have a right to:
4. Receive an explanation of their rights;
Receive assistance in understanding their rights, including an
interpreter;
Receive treatment without discrimination as to race, color,
religion, sex, national origin, disability, sexual orientation, or
source of payment;
Receive considerate and respectful care in a clean and safe
environment free of unnecessary restraints.
Receive emergency care if needed;
Know the names, positions, and functions of any hospital staff
involved in their care and refuse treatment, examination, or
observation by them;
Receive complete information about their diagnosis, treatment,
and prognosis;
Receive all information they need to give informed consent for
any proposed procedure or treatment, including the risks,
benefits, and alternatives to care of treatment;
Know about hospital resources, patient representatives, and
compliants, without reprisals about their care and services they
are receiving;
Be informed of any unanticipated outcomes or mistakes that
may affect the patient’s health status (e.g., administration of the
wrong medication).
Slide 3
Check Your Understanding
Which of the following is not a patient right?
A.
Patient cannot refuse treatment
B. Patient has the right to compassionate care
C. Patient has the right to an interpreter..
Correct Feedback:
A. Patient cannot refuse treatment
Incorrect Feedback:
B. Patient has the right to compassionate care
5. C. Patient has the right to an interpreter
Slide 4
Scene 2
Discussion between Prof Charles and students.
Prof. Charles
: Patients also have responsibilities and includes the following:
Recognize the effect of lifestyle on one’s health;
Maintain a record of medications and their effects;
Keep appointments to receive necessary preventive and
recovery care;
Provide full disclosure of all information relevant to one’s
medical condition. Provide caregivers with information relevant
to medical complaints, symptoms, location and severity of pain,
previous pain control concerns, past illnesses, treatments,
surgical procedures, hospitalizations, and medication allergies.
The information provided must be timely, accurate, and
complete;
Report unexpected changes in condition to caregivers;
Be considerate of caregivers;
When in doubt, seek a second opinion;
Make sure the staff is aware of your designated decision maker
in the event you become incapacitated; and
6. Understand care instructions.
Casey
: So, Professor Charles…can you tell us something about AIDS,
HIV, and acquired immunodeficiency syndrome?
Prof. Charles
: Absolutely. The AIDS epidemic is considered to be the
deadliest epidemic in human history. The first case appeared in
the medical literature in 1891. It has been estimated that more
than thirty million people have died from AIDS.
AIDS is generally accepted as a syndrome—a collection of
specific, life threatening, opportunistic, infections and
manifestations that are the result of an underlying immune
deficiency. AIDS is caused by HIV, a highly contagious blood
borne virus, and is the most severe form of the HIV infection.
Until this century it was always considered fatal that destroys
the body’s capacity to fight off the disease with a properly
functioning immune system. Although there is no effective
long-term cure for the disease, science has a drug cocktail that
can diminish the symptoms for a normal existence and can
improve the quality of life and delay progression of the disease.
Internationally, AIDS is posing serious social, ethical,
economic, and health problems. Many deaths occur in countries
where treatment is not readily available.
Donald (interrupts)
: Just to be clear, undeveloped and third world countries still
experience deadly AIDs infections at epidemic proportions?
Prof. Charles
7. : Yes, and much of the infection is spread by those who use no
protection against the disease in sexual intercourse. AIDS is
spread by direct contact with infected blood or body fluids, such
as vaginal secretions, semen, and breast milk. Currently, there
is no evidence that the virus can be transmitted through food,
water, or casual contact. HIV does not survive well outside the
body. Although there is no cure for AIDS, early diagnosis and
treatment with new medications can help HIV infected persons
remain healthy for longer periods. High-risk groups include
those which have unprotected sex, intravenous drug users, and
those who require frequent blood transfusions and blood
products, such as hemophiliacs.
Heterosexual relations are becoming a main conduit for the
spread of AIDS. Heterosexual transmission is one of the
predominant modes of infection and is increasing. The fact is,
35% of Americans who were diagnosed with HIV/AIDS in 2010
were heterosexual.
Casey
: I am still not quite clear on AIDS and healthcare workers.
Prof. Charles
: Sure….The ever-increasing likelihood that healthcare workers,
including physicians, will come into contact with persons
carrying the AIDS virus demands that they comply with
approved safety procedures. This is particularly true for those
who come into contact with blood and body fluids of HIV-
infected persons.
Slide 5
Check Your Understanding
Guidelines drafted by the Centers for Disease Control and
Prevention (CDC) call on healthcare workers who perform
“exposure prone” procedures to undergo tests----------------
A. Voluntarily
B. As required by law
8. Correct Feedback:
A. Voluntarily. Mandated HIV testing violates patients and
healthcare workers Fourth Admendent rights.
Incorrect Feedback:
B.
The law does not require patients and healthcare workers to be
HIV tested. The dilemma is how to balance these rights against
the rights of the public in general to be protected from a deadly
disease.
Slide 6
Check Your Understanding
A physician who fails to disclose he or she is HIV infected and
infects a patient has deviated from a _____________ and that
the deviation was the proximate cause of injury.
,
A. Medical by-law.
B. Established standard of care.
C. Legal precedent
D.Minor requirement
Correct Feedback:
B. Established standard of care
Incorrect Feedback:
A. Incorrect. Medical by-laws govern due process for
physicians.
C. Incorrect.
D. Incorrect.
Please try again.
9. Remember, HIV infection can be deadly and there is nothing
minor about placing a patient at risk for HIV.
Slide 7
Scene 3
Discussion of aids and healthcare workers
Prof. Charles
: Now let’s discuss further healthcare workers and the law.
Can anyone explain the case,
Estate of Behringer v. Medical Center at Princeton
?
Casey
:
I think I can. It is about an AIDS infected surgeon in New
Jersey who was unable to prove a discrimination claim when the
hospital restricted his surgical privileges. The New Jersey
Supreme Court ruled that the hospital acted properly in initially
suspending a surgeon’s surgical privileges if he did not obtain
informed consent, stating he has HIV, from the patient before
performing surgery.
Prof. Charles
:
Very good Casey!
That is an excellent explanation.
Donald:
10. Prof. Charles….what if a patient’s HIV status was improperly
disclosed to an employer?
Prof. Charles
: Donald that is a great question… There is a case where a
physician disclosed a workman compensation claim that a
patient had HIV without the person’s consent. The employer
placed the employee on leave without pay and hired a
replacement. The person filed a medical malpractice suit against
the physician. The expert witnesses for both sides stated that
the physician violated a standard of care by revealing his HIV
status to the employer without the person’s consent. The
plaintoff employee had a constitutionally protected interest in
the privacy of his medical records and his right to privacy.
Casey
:
In the instances where hospital patients have HIV the hospital
employees cannot refuse to discriminate against the patient and
refuse treatment?
Prof. Charles
: Yes, Casey….Patients with HIV should receive the same
compassionate and competent care given to other patients.
Donald
: I think that the discussion on AIDS and treatment has really
clarified some questions for me.
Now, a little more clarification on the law would really help.
Prof. Charles:
Well, that is a great lead-in to the next topic, which is the AIDS
Emergency Act of 1990 (AEA).
Slide 8
11. Scene 4
Discussion of the law and HIV.
Prof. Charles
: The AEA’s purpose is to provide emergency assistance to
localities that are disproportionately affected by HIV virus
epidemic through States and other public or private non-profit
entities so they can better deliver essential services to those
with HIV.
Who can tell us the actual use of the AEA assistance funds in
theses locals?
Casey:
I would say it prides funds for home and community based care
services for individuals with HIV. Also, continuation funds for
future treatment.
Prof. Charles
: Exactly…It is so important HIV is an epidemic globally, not
just in a urban neighborhood.
The Occupational Safety and Health Act (OSHA) requires that
healthcare organizations implement strict procedures to protect
employees against the AIDS virus and adhere to strict
guidelines developed by CDC. Complaints against healthcare
organizations can result in strict fines for failure to comply with
regulatory requirements.
Donald
: Professor, in our discussion, you have provided us with a
significant amount of information about healthcare workers duty
to HIV patients.
12. Prof. Charles:
Donald, the ever-increasing likelihood that healthcare workers
will come into contact with HIV patients demands continuing
education and compliance with safety procedures.
Casey:
So anytime any caregiver deviates from the standard of care for
HIV patients the resulting in harm to the patient, the caregiver
and employer are held liable?
Prof. Charles
: Exactly. For healthcare workers to remain vigilant as wide
variety of AIDS related educational materials are available on
the market. One of the most important sources of AIDS
information is the CDC. See the AIDS Prevention Studies
website for some helpful information:
http://www.caps.ucsf.edu/siteindex.php.
Slide 9
Scene 5
Summary
Picture of Casey and Donald as they speak.
Prof Charles
: We are just about out of time.
Let’s go over what we learned in this lesson.
We discussed patient rights and responsibilities and acquired
immunodeficiency syndrome.
The PSDA of 1990 made a significant advance in the protection
of a patient’s right to make decisions regarding his or her
health. Caregivers should consider themselves patient advocates
because of their position to help patients who are often helpless
and unable to speak for themselves.
13. AIDS is a fatal disease and is considered the deadliest epidemic
in human history. CDC issued guidelines to follow in meeting
the standard of care in treating AIDS and for healthcare workers
who must follow approved safety procedures to avoid the spread
of the disease. The universal precautions for infection control
are strongly encourage by CDC.
Before we adjourn, are there any questions?
Donald
: I have no questions. I think that the information was clearly
presented, Professor.
Casey
: No questions for me…
Professor Charles
: Well, if there are no further questions, I will say good evening
and I will see you next time.