Legal and Ethical Issues in Paramedics - Essay Example

Law and Ethics on Paramedics Name Class Unit Introduction Health practitioners are guided by laws and ethics in dealing with patients as well as other health care users. Paramedics are expected to follow laws and ethics in making their judgments. In the field of paramedics, the practitioners are guided by the ethics and gain their support from the law. Paramedics are thus bound by the ethical obligations which are part of their moral principles. A breach of ethics may not lead a practicing paramedic into legal action unless it is stated under force of law (Kerridge, Lowe & McPhee, 2005). Though one may disciplined due to unethical conduct by the relevant health body, the action is not necessarily punishable under the law. In some cases, a breach of an ethic may lead to action being taken for professional negligence. For example, if a paramedic breach ethic which leads to death of a patient, they may be sued by the dependants in court of law (Beauchamp & Childress, 2001). There are also laws which paramedics are supposed to follow in their area of operation. This essay will look at laws and ethics in the paramedics. Ethics Ethics is the moral code which is subjective. Paramedics are in their careers faced with ethical dilemmas where they have to make complex ethical decisions. A good understanding of ethics is very vital for the paramedics due to fact that they participate both in out of hospital and pre hospital care. In most cases, the role of a paramedic is based on situations where there is rapid decision making. In a hospital setting, there are set guidelines which the paramedics should follow but does not consist of ethical decision making process. There are set ethical principles that can be used to guide paramedics in their work. Ethics principles help the paramedics to make decisions which benefit the patients while at the same time being ethically correct. The four main principals to ethics are; respect for autonomy, nonmaleficence, beneficence and justice (Beauchamp & Childress, 2001). Autonomy Respect for the autonomy is a principle which is based on allowing the individuals to have control of their wellbeing. Patient has the mandate to make choices regarding their lives (Gylling, 2004). Any decision that a person makes about their treatment should be respected. Autonomy gives the patient self rule where there is no interference in their decisions. This is a principle in which paramedics have to respect the patient view. Paramedics in this case give the patient the power to make the decision even when they are aware that there are others who can make an informed decision than the patient. The principle has been under criticism due to fact that it can lead to a dilemma (Rachels, 2003). For example, it has been argued that autonomy should be restricted in situations where the patient is in severe danger. For others, when patients are allowed to make their own decision, the principle makes it possible for their lives to have a meaning and the patient is given the power to express themselves. In some cases, a patient may feel that others can make a better decision on their behalf (Gylling, 2004). Discussion on autonomy (consent and capacity) The decision on what happens to one’s body is bestowed on them (Harris, 2003). This is according to the principle of autonomy as discussed. For the principle of autonomy to be effected, the paramedic is supposed to make sure that they consult and obtain a valid consent in healthcare encounters (Gylling, 2004). This is a step that helps in avoiding being accused of assault. There are also requirements on the person who is supposed to make consent. The patient who makes autonomy consent must be able to comprehend the type of treatment, procedure and intervention. The conditions are set such thus the patient is able to make an informed decision based on the consequences (Gylling, 2004). The consent by the patient should also be voluntary without any influence from the paramedics. Consent by the patient is only considered valid if they have the capacity (Beauchamp & Childress, 2001). Capacity refers to the patient ability to fully understand the procedure that is explained to them (Oshana, 2001). In most cases, the capacity to make decisions is based on the age of 16 and above in some countries. There are also guidelines to help those who lack the capacity in making the decisions. When an emergency occurs, there may be limited time for the patient consent (Harris, 2003). This leads to the paramedics making urgent decisions that are to the best of the patients’ interests. In case of a child, the parent is able to make decision on the behalf. Any refusal made to the consent must always be informed refusal (Gylling, 2004). Nonmaleficence The principle of nonmaleficence is based on the fact that paramedics should always act in a way that will not cause harm to others. This is a principle that guides paramedics in ensuring that their act does not cause intentional harm. This is a principle which in some cases is violated without a paramedic intention. For example, a paramedic may unintentionally subject a patient to harm hence violating this principle. Types of harms that this principle covers include emotional injury, disability, death and pain. In all situations that paramedics work, they are encouraged to ensure that they avoid harm to the patients in all ways possible (Beauchamp & Childress, 2001). Justice Justice in paramedics is an ethical principle which relates to fair treatment for the patients. The treatment that a paramedic gives to a patient should involve being fair and equitable. All the individuals in a community should be accorded fair and equal treatment. For example, the treatment that is accorded to those who are mentally ill should be equal to those who are not. The principle ensures that medical resources are used equally by all (Beauchamp & Childress, 2001). Beneficence Beneficence is a principle that is based on the paramedics to maximize the benefits to the patients while making sure that they eliminate harm. In a health setting, patients assume that the professional is supposed to be kind and act with charity towards them. This enables the patients to trust the professionals in treating situations which are embarrassing and life threatening. The paramedics are thus supposed to treat their patients beyond the minimum standards due to the patient needs and feelings. For the paramedics to uphold this principle, they are expected to be communicative to the patients on what is to happen and why they are offering the type of treatment. Beneficence involves acting beyond what is necessary in order for the patients to have the required care (Beauchamp & Childress, 2001). Laws Paramedics are expected to be familiar with the laws in the area they are operating. Laws affect the practice of paramedics and should be adhered to. There two types of laws in which the paramedics are expected to adhere to. The two types of laws are criminal and civil law. Criminal laws are set to protect the society by making sure that law and order is maintained. Civil laws are set to uphold the rights of the individuals and enable settling related disputes. Laws that affect the individuals are the same that are used by the paramedics (Kerridge, Lowe & McPhee, 2005). There are also specific practices that paramedics are supposed to follow. For example, there are acts, drug regulations and safety in association with the medical equipments. If a paramedic is incompetent or shows behavior which is considered to be a misconduct, they are likely to be charged under civil laws. Paramedic as a profession is regulated by a specialized body. Most of the bodies regulating paramedics have been set under acts. The use of the term paramedic is also regulated by the set body and can only be used by those who are registered. If unregistered paramedic uses the title, it may lead to a criminal offence. Paramedics are thus required to meet all the required qualifications for them to be registered (Kerridge, Lowe & McPhee, 2005). Duty of care Paramedics are liable to duty of care. This implies that paramedics are required to be able to exercise care and making sure they prevent patient suffering through errors. A paramedic can thus be prosecuted if they are found liable to violate duty of care. They are supposed to work in a manner that ensures that they avoid doing harm while at the same time showing unselfish concerns towards the patients. The outcome of a negligence case is determined by the presence or absence of the duty of care. A duty of care in paramedic starts the moment they get into contact with the patient. The case of negligence must be proved through causation where the breach of duty of care must be proved to lead to the harm (Kerridge, Lowe & McPhee, 2005). Confidentiality and law Health code stresses the need for the paramedics and other health practioner to keep the information about the patient confidential and use it only for the specified purpose. The patient information should not be released to anyone else who is not entitled to it. The paramedics are thus required to ensure that they manage the patient information in the best way possible. The treatment forms should be kept in such a way that they cannot be viewed by those not entitled to. Confidentiality is also balanced against public interests. In situations where the patient information may lead to crime detection, prevent abuse and other cases where disclosure outweighs confidentiality, the common law supports disclosure (Kerridge, Lowe & McPhee, 2005). Conclusion Paramedics are in a profession that encounters different legal and ethical issues. The way in which the paramedics avoid or deals with them determine the consequences in their jobs and legal suits that may arise. Paramedics can avoid legal and ethical troubles if they follow nonmaleficence, beneficence, justice, autonomy and make sure they exercise their duty of care. The four principals of ethics serve as a good guide in making an ethical decision. Accusations of negligence occur due to the paramedics failing to follow the set laws and ethical guidance. In any country of operations, there are set laws which the paramedics should be aware of and make sure they follow them. Any action that a paramedic undertakes has its consequences. Paramedics are thus supposed to be fully aware of their actions in order to maintain their professionalism, law and ethics. There are set bodies which ensure that they set frameworks that can be followed by the health professional in order to be accountable to the patients and other professionals. References Beauchamp, T.L. & Childress, J.F. (2001). Principles of Biomedical Ethics, New York: Oxford University Press. Gylling, H.A. (2004). Autonomy Revisited. Cambridge Quarterly of Healthcare Ethics, 13(1): 41-46. Harris, J. (2003). Consent and End of Life Decisions. Journal of Medical Ethics, 29(1): 10-15. Kerridge, I., Lowe, M & McPhee, J. (2005). Ethics and Law for the Health Professions .Annandale: The Federation Press. Oshana, M.A.L. (2001). The Autonomy Bogeyman. The Journal of Value Inquiry, 35(2), 209- 226. Rachels, S. (2003). A Defense of Two Optimistic Claims in Ethical Theory. Philosophical Studies,112(1): 1-30. 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