RIGHTS AND DUTIES Ildikó Bán M.D. 2007.. MEDICAL ETHICS & LAW Ethical Codex Common ethical...
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Transcript of RIGHTS AND DUTIES Ildikó Bán M.D. 2007.. MEDICAL ETHICS & LAW Ethical Codex Common ethical...
RIGHTS AND DUTIESRIGHTS AND DUTIESRIGHTS AND DUTIESRIGHTS AND DUTIES
Ildikó Bán M.D.Ildikó Bán M.D.2007.2007.
MEDICAL ETHICS & LAW
Ethical CodexCommon ethical
normas/principles• doctor-patient• doctor-doctor• research• doctor-society• doctor as a teacherEthical committee
The LawPrecepts/regulationsMedical responsibiltyHighly dangerous action
(physical, mental well being, health, life)
Medical malpractice Indictable, punishableCriminal/civil right
legal action/lawsuit
ETHICAL PRINCIPLES1. AUTONOMY
1. self determination (thinking, will, action)2. informed consent
2. „DO NOT HARM”1. risk&benefit2. minimaze the danger
3. BENEFICENCE1. what is good for the patient
4. RIGHTFULL/FAIR1. equal medical attendance2. no discrimination(age, sex, colour, education, prejudice..)3. capability
5. RESPONSIBILITY OF PATIENT6. DOCTOR-DOCTOR/STAFF RELATION
1. mutual respect, appreciation2. professional honour
obligatory
Can be donebeyond your range
Your limitsContinous learningOther regulations
THE LAW
• Legal, codified relation between doctor and patient
• Provision=the medical attendace» Prevention» Early diagnosis» Therapy» Follw up» Rehabilitation» Processing medical records
DOCTOR’S SIDE
DUTY FOR GIVING MEDICAL ATTENDANCE
• in urgent need• in that specific circumstance/situation• in required way• with the available tools• with the following expected
arrangements
RIGHT FOR THE FREE CHOICE AMONG THE DIAGNOSTIC AND
THERAPEUTICAL METHODS
This is the right of the physician– Evidence based– With the right personal and technical
background– With consideration the risk/benefit – Consultation with other physicians– Informed consent is needed
RIGHT TO REFUSE TREATMENT
Treatment can be denied– Urgent treatment of other patient– If it is not necessary– Physically it’s not possible– There is no proper technical background
which is needed – The expected treatment is inconsistent with
the doctor’s conscience, ethical or religious conviction
– The patient’s behavior is insulting or threatening (except:if it comes from his disease)
– If the patient does not cooperates
DUTY FOR GIVING INFORMATION
• It’s not replaceable with leaflets, handouts or prospectus
• Carefully• Gradually• Fit/adopt to the patient’s physical and mental
status• To emphasize the side effects and possible
complications and their frequency• To make sure that the patient understood you• Follow up the patient or his/her relatives
DUTY FOR ADMINISTRARTION
• Patient documentation– True– Patient follow up– Could be controlled/checked
up/supervised– Must be retrieval
IT IS PROTECTION FOR THE DOCTOR!
DUTY FOR SECRECY/CONFIDENTIALITY
• Valid for the health status and other conditions as well
• With no time limit• Not depending on the way you got the
information• Except from: exoneration from the
authorities, or it’s endangers someone’s health (ethical problems)
R U STILL AWAKE?
PATIENT’S SIDE
THE ROLE/DUTIES OF THE PERSON/PATIENT
• The patient’s responsibility for his own health status
• Develop the sense of responsibility/ to be aware
• To inform the doctor» Previous diseases» Own and family hystory» Infectious diseases» If he has questions, sg. is not understandable
• To give respect for the medical staff• To keep the regulations of the medical
instituteBased on the collaboration of the patient and the
doctor
PATIENT’S RIGHTS
• Right to get medical attendance• Right to obtain information• Right to self determination• Right to reject treatment or information• Right to human dignity• Right to confidentialiy
HOW CAN PATIENTS EXCESISE THEIR RIGHT?
» GETTING INFORMATION» LEGAL REPESENTATIVES» HOSPITAL REGULTIONS
RIGHT TO GET MEDICAL ATTENDANCE
• Proper medical attendance» Life threatening situation, irreversible
impairment, pain – urgent situation» Regular treatment
• Continuously accessible• With no discrimination• Free choice for doctor
RIGHT TO HUMAN DIGNITY
• basic right for the patient• Basic duty of the doctor
RESPECT THE HUMAN DIGNITY
Waiting timeIntimacy
Privacy - family, community
RIGHT TO OBTAIN INFORMATION
• Individual information• Adopt to the patient
• Fit to the– Age– Qualification– Knowledge– Mental status– Circumstances…
• Diagnostical,theraputical procedures, alternatives, prognosis, consequences of denying the treatment..
RIGHT TO SELF DETERMINATION AUTONOMY
• Informed consent– Oral– Written– With behavior
• When which one is needed?– F.e.: rejecting the treatment – 2 testifier
RIGHT TO REJECT TREATMENT
• Patients in terminal state (passive euthanasia,NOT IN EVERY CASE!)
• Advanced directive• Give information!
• Right to reject to get information» Dying, old patients» Documentation
Exception: life threatening situation
RIGHT TO GET TO KNOW THE PATIENT’S RECORDS
• Copies, explanation of the results and the diagnosis
• Who can be informed?
• In case of death– Legal representatives– Close relative– Inheritor
RIGHT TO CONFIDENTIALITY
• Who can be informed? – declaration
• Information on the phone• Information for relatives
Have a nice day and some rest!