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Position Paper (Health Law M7) - Assignment Example

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Caring for the patient is an important element of our rights to health as individuals and as such merits close scrutiny in the…
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Position Paper (Health Law M7)
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Position Paper (Health Law M7)

In my position paper I look at how a balance can be stricken between rights of patients and the often necessary practical needs of the medical community.
One well documented practice where abuse of patients may arise yet is very necessary for the practical training of medical surgeons is ghost surgery. In ghost surgery, the contracting physician is not the actual one performing the procedure on the patient and sometimes procedure may be performed by physicians who are students of surgery. The phenomenon takes place in other settings of medical care provision to patients such as radiology and laboratory testing. The patient may or may not suffer as a result of ghost surgery but the fact remains his contract was violated as the service was offered a person different from whom the contract was signed with. Training needs of medical doctors are also an equally important element for the sake future surgeons and physicians.
In the Tunki cases, the court ruled California court ruled in favour of the Regents of University of California largely on the grounds of the important research work that the university is engaged in through its medical centre. By the mere fact the patient knowingly submitted himself to the facility understanding it selectively accepts patients from the public for medical care as part of their research efforts and thus waiver of negligence was the appropriate ruling. Ruling in favour of the complainant would have diverted funds meant for research into payment of claims. In this case the bigger research needs override that single patient’s rights to care and in effect life. In the case of Shorter her death was largely due to her faith with is supposed to be respected by the doctor yet it posed risk to her own life and buy the doctor not abusing her rights it amounts to negligence. Her best interest in the circumstance was ... Read More
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