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Face Addiction
Published in Sandra Rasmussen, Developing Competencies for Recovery, 2023
In New York State, with almost 100 licensed professionals, the Professional Assistance Program (PAP) assists professionals who have substance abuse problems, but who have not harmed patients or clients. Such professionals may voluntarily surrender their licenses while receiving treatment rather than face charges of professional misconduct. All applications to the program are confidential. The criteria for admission to the PAP include: total abstinence from all mood-altering substances including alcoholtemporary, voluntary surrender of the professional licenseparticipation in treatment at an agency approved by the PAPan agreement to be monitored by the PAP for at least two years after reinstatement of the license.Lawyers Helping Lawyers exists to help attorneys reduce the pain and loss that result from the misuse of alcohol, other drugs, and mental and emotional disorders. In the 2016 study conducted by the ABA Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation, more than 20% of lawyers and judges reported problematic alcohol use.
Risk management in general practice
Published in Roy Palmer, Diana Wetherill, Medicine for Lawyers, 2020
Information acquired by a GP from or about a patient in the course of his or her professional work is confidential and must never be disclosed to others without either the consent of the patient or other proper justification. Any doctor who breaches confidentiality can be charged with serious professional misconduct. Guidance on this topic is issued by the GMC.12
Employment Law and Occupational Health and Safety
Published in Julie Dickinson, Anne Meyer, Karen J. Huff, Deborah A. Wipf, Elizabeth K. Zorn, Kathy G. Ferrell, Lisa Mancuso, Marjorie Berg Pugatch, Joanne Walker, Karen Wilkinson, Legal Nurse Consulting Principles and Practices, 2019
Kathleen P. Buckheit, Moniaree Parker Jones
Legal and ethical issues frequently occur in the occupational setting. The LNC involved in occupational health cases will need to be familiar with state and federal regulations. Malpractice involves negligence and a professional misconduct or unreasonable lack of skill. Negligence can include failure to take action, failure to communicate danger, delay in assistance, medication errors, and failure to obtain consent. The interpretation of laws, rules, and regulations may change as new cases decide common law and precedents established (Strasser & Knoblauch, 2014). Knowing how to do an effective critical facts summary or medical chronology is important to the litigation process. The LNC who is familiar with the employment law and worker’s compensation is valuable to case discovery. The LNC has the ethical obligation to inform the attorney of negative aspects in a case as well as any critical information that could impact the case either negatively or positively. The LNC must be knowledgeable in many areas and often act as a case manager, researcher, analyzer, risk assessor, and valuable member to the legal team (Jones, 2008).
What should I tell my patient? Disclosure in anaesthesiology: difficulties, requirements, guidelines and suggestions
Published in Southern African Journal of Anaesthesia and Analgesia, 2018
The HPCSA booklets on ethical conduct have the general title ‘Guidelines for Good Clinical Practice in the Healthcare Professions’. Guidelines normally have a somewhat lower hierarchical status than laws in that they are not normally legally enforceable. Regulations are the mechanisms through which laws are made to function in practice. The preamble to Booklet 4, which deals with IC, as well as to each of the ethical guideline booklets contains the following passage (emphasis added):In essence, the practice of healthcare professions is a moral enterprise. In this spirit, the HPCSA presents the following ethical guidelines to guide and direct the practice of healthcare practitioners. These guidelines form an integral part of the standards of professional conduct against which a complaint of professional misconduct will be evaluated.
“You Say Unethical, I Say Criminal”: How Definitions Can Influence Approach
Published in The American Journal of Bioethics, 2019
Edwin Sutherland, the 20th-century sociologist who popularized the term “white-collar crime,” examined actors whose behavior at the time was not considered criminal, but simply violations of administrative regulations (Sutherland 1949). It was the work of Sutherland and others that cast a spotlight on these offenses and illustrated the harm they cause to society. Since this early work by Sutherland, numerous other social scientists have made further forays into understanding crimes by upper-world offenders, whether they be individuals or organizations. Likewise, we are not accustomed to viewing professional misconduct by physicians as criminal, but it may be time to change that view.
Promoting Professionalism Through Virtue Ethics
Published in The American Journal of Bioethics, 2019
Upon entry to medical school, there is much variability as to the type of medical ethics that is taught in type, quantity, and variable requirements in medical humanities. This author and others have written on the fundamental need for medical ethics and humanities to be taught in medical school due to the evolution of scientific, technological, and economic change affecting modern medicine (Doukas et al. 2010, 318–323; Doukas et al. 2015, 738–743; Doukas et al. 2013, 1624–1629; Carrese et al. 2015, 744–752). Medical students must not ethically ride by the “seat of their pants.” We have a responsibility to give them much more. Virtue ethics in medicine provides a pathway toward enhancement of one's own character in the delivery of care to another human being, and is the underpinning for much of the competency-based medical curriculum (Doukas 2003, 147–154; Brody and Doukas 2014, 980–987; Bain 2018; Karches and Sulmasy 2016, 511–516). In order to obviate grievous medical misconduct by our future physicians, greater opportunities of training during the preclinical and clinical years need not only to concentrate on aspirational professionalism, but to illustrate the dark side of professional misconduct based upon self-interest and self-absorption as not only harmful to individual patients and to the whole of society but morally corrosive to oneself. If medical students are narrowly focused on their STEP examinations to obtain the residency of their choice yet short shrift their own moral refinement of their character toward professionalism, then we have a system that is gravely broken. We have taken the angsty, premed self-interest of the 1970s and 1980s and have now injected it into medical school itself. Where we need to be cultivating interdependency and care for others, we have students who are endeavoring to think of the scores that will get them to their final destination. U.S. medical education has an obligation to teach our students how altruism is an essential component of care. An introduction of virtue ethics in the preclinical years with case-based clinical discussion as well as and role modeling of behavior for others is a requisite part of overcoming those aspects of self-promotion and aggrandizement.