Benchmark - Abuse and Neglect in Health Care Interview

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Adetutu Adeparusi

BrainDeathSCENARIO...................pptx

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Brain Death Scenario

Adetutu Adeparusi HLT-520-Legal and Ethics Issues in Health Care College of Nursing and Health Care Professions Grand Canyon University Karen Rice March 31st, 2021.

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Medical Issues Involved in the Situation Offering life support as soon as possible with the family’s permission Educating or advising the family concerning basis for complete brain death as demarcated by Arizona state legislature “14-1107. Determination of Death and Status; Rules” and other pertinent rules Offering any needed and probable emergency care prior to placing the patient in life support Emergency decision making

In reflection to the provided case scenario, there are various medical issues involved, which the concerned health care center could have warranted. In this case, the healthcare practitioners in could have offered life support as soon as possible with the family’s permission. Since the family members had differences on how their patient should be handled, medical staff in the facility should have educated or advised the family members on the issue concerning complete brain death as demarcated by Arizona state legislature 14-1107. determination of Death and Status; Rules” and other pertinent rules. This could have persuaded the family members to agree and permit facility physicians to offer life support to the patient quickly. On another issue, the patient never received required and possible emergency care before being placed in life support machine. Neglecting to offer needed and possible emergency care contributes to the last issue concerning emergency decision making. 2

Applicable Laws & Regulations to the Situation Uniform determination of Death Act Espoused by all fifty states, affirms the neurological basis for determining loss of life. This rule explains complete brain death or the permanent annihilation of brain functions, comprising of the brain stem, as legally binding for loss of life. Laws of evidence in courts of general jurisdiction

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One of the applicable laws and regulations is uniform determination of Death Act- Espoused by all fifty states, affirms the neurological basis for determining loss of life. This rule explains complete brain death or the permanent annihilation of brain functions, comprising of the brain stem, as legally binding for loss of life (Siika & Clement, 2018). Another one is laws of evidence in courts of general jurisdiction.

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Continuation Arizona state legislature "14-1107. Determination of Death and Status; Rules" quoted below: A conformation of loss of life must be made in harmony with conventional medical standards An authenticated or certified copy of a death certificate claiming to be issued by an or official of the site where the death allegedly happened in prima facie proof of the fact, site, time, and date of death and the identity of the decent.

Another applicable law which is significant is the Arizona state legislature "14-1107. Determination of Death and Status; Rules" quoted below: A conformation of loss of life must be made in harmony with conventional medical standards, an authenticated or certified copy of a death certificate claiming to be issued by an or official of the site where the death allegedly happened in prima facie proof of the fact, site, time, and date of death and the identity of the decent(Siika & Clement, 2018).

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Continuation An authenticated or certified copy of any report or record of a governmental organization, foreign or domestic, that an individual is detained, missing, alive or dead is prima facie proof of the status and of the dates, places, and circumstances revealed by the report or record. In the lack of prima facie proof of loss of life under paragraph 2 or 3, the fact of loss of life may be instituted by lucid and convincing proof, comprising of circumstantial evidence.

An authenticated or certified copy of any report or record of a governmental organization, foreign or domestic, that an individual is detained, missing, alive or dead is prima facie proof of the status and of the dates, places, and circumstances revealed by the report or record. In the lack of prima facie proof of loss of life under paragraph 2 or 3, the fact of loss of life may be instituted by lucid and convincing proof, comprising of circumstantial evidence.

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Interpretation of Outlined Laws & Regulations The neurological basis for confirming death as per the Uniform Determination of Death Act should be followed The laws and regulations applicable to this case accentuate to the actuality that brain death basis should be realized for the patient to be established as dead. The confirmation of loss of life should made in harmony with conventional medical standards

The laws and regulations applicable to this case accentuate to the actuality that brain death basis should be realized for the patient to be established as dead. The neurological basis for confirming death as per the Uniform Determination of Death Act should be followed (Biel & Durrant, 2020). The confirmation of loss of life should be made in harmony with conventional medical standards.

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Ethical Issues Building the gap between the family members and medical professionals Restore trust concerning ethical criteria for the confirmation of death

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Lucidity in policy founded on medical ethics Balancing the need for medical precision with ethical standards reliable with esteem for the firm and intrinsic self-respect of the human being

As an administrator, making decision with regard to the case scenario may raise ethical concerns such as building the gap between the family members and medical professionals (Oselka & de Oliveira, 2017). In this case, ethical issues such as provision of fast aid and prior to placing the patient to life support machine and the need to place the patient to life support machine is reflected since the medical professionals are obligated to warrant quick service delivery in case of emergency of which is obstructed by the family members.

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Implementation of Supporting Policies & Procedures to Warrant Ethical Integrity Illustrating and modeling the significance of and commitment to ethics via behaviors, practices, and decisions Publicizing an organizational code of ethics that comprises ethical principles of behavior and guidelines Evaluating the standards and ideals depicted in mission, vision, and value statements, annual reports, personal policies, orientation resources and other records to warrant congruence Promoting behaviors and policies that mirror ethics is substantial to attain the organization’s mission Using habitual communications to aid promote a comprehension of the organization’s commitment to ethics

Implementation of appropriate policies and procedures that warrant ethical integrity requires utilization of various approaches or measures that will ensure foundation of ethical culture within an organization. The first step in is to demonstrating and modeling the significance of ethics to all staff members, which creates awareness of ethics (Nelson, 2019). This is followed by publicizing organizational set code of ethics to all employees. After this stage, there is a need to review the organizational mission, vision, and value statement to ensure they comply with the organizational code of ethics.

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Continuation Seeking stakeholder and community input in decision-making Work with other health facility resources to instigate progress on the facility requirement Communicating anticipations that actions and behaviors are founded on the organization’s code of ethics, ethical principles and values of practice Warranting people throughout the institution are honored and anticipated to behave in an ethical way Fostering a setting in which free expression of ethical concerns is encouraged and supported without retribution Warranting availability of ethics resources to all members of staff for reference

Building ethical culture within an organization will need involvement of stakeholders and community to offer their views. In ensuring ethical integrity, the administrator should communicate the anticipated actions and behaviors that are founded on the organization’s code of ethics, ethical principles and values of practice(Nelson, 2019). Monitoring that all employees behave in an ethical way will help in ensuring ethical integrity. The administrator should ensure that the organizational environment allows sharing of the prevailing ethical concerns.

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Continuation Creating a mechanism that protects workers who aspire to raise ethical concerns Striving to warrant that workers are free from discrimination, coercion, and harassment Offering an effective and prompt process to facilitate conflict resolution Using each employee’s abilities, skills, and knowledge appropriately

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In ensuring appropriate implementation of policies and procedures that warrant ethical integrity, as an administrator I can create a mechanism that protects workers who aspire to report ethical concerns, seek to warrant no discrimination, coercion, and harassment of employees, and set measures meant for solving ethical based disputes (Nelson, 2019).

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Policies and Procedures to Consider in Decision Making Procedure to Follow: Stating the problem Reviewing facts Determining pertinent factors (external & internal) Creating list of options Testing the options Make choice founded on the above steps

When making decision, I would first identify the problem at hand, review the facts relating to the problem, and then determine applicable factors both external and internal which may be contributing to the problem (Caughron & Mumford, 2018). After this step, I will create list of options to adopt in resolving the issue followed by testing them and selecting the best option which addresses the problem

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Continuation Policies Compliance with organizational guidelines Compliance with regulatory set polices Fairness is a policy required when making decision Ethical standards are policies applicable in decision making Commitment and leading by example warrants compliance Being proficient in collecting info and evaluating it to ensure everything is followed

Some polices which I consider when making decision comprises of organizational set policies, governmental regulatory policies, and fairness policies, and ethical polices. In warranting that they are followed, I will commit and lead by example which and ensure competency in collecting and evaluating info that relates to employees compliance with the decision made.

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Resources Used in Decision Making Organizational policy resources Government policy resources Stakeholders’ resources Community resources

Resources are significant inputs in decision making process. Conferring to the case, I would use organizational resources, governmental resources regarding healthcare operations, stakeholders and community resources to ensure effectiveness in decision making. 13

References Biel, S., & Durrant, J. (2020). Controversies in Brain Death Declaration: Legal and Ethical Implications in the ICU. Current Treatment Options in Neurology, 22(4), 12. https://doi.org/10.1007/s11940-020-0618-6 Caughron, J. J., & Mumford, M. D. (2018). Sensemaking Strategies for Ethical Decision-

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making. Ethics & behavior, 21(5), 351–366. https://doi.org/10.1080/10508422.2011.604293 Nelson, W. (2019). Building an Ethical Organizational Culture, The Health Care Manager-p 158-164 doi: 10.1097/HCM.0000000000000008 Oselka, G., & de Oliveira, R. A. (2017). Ethical aspects of brain death and end-of- life. Dementia & neuropsychologia, 1(3), 226–229. https://doi.org/10.1590/S1980- 57642008DN10300002 Siika, W., & Clement, M. (2018). Brain death determination: the imperative for policy and legal initiatives in Sub-Saharan Africa. Global Public Health. 12. 1-12. 10.1080/17441692.2015.1094108.

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