The main issues raised in this case are related to the abuse of medical power and the use of incapacity of citizens with illegal purposes. The problems also include the illegal actions of doctors against elderly patients and the violation of the protection of the rights and freedoms of the individual patients. These issues are problems since doctors transferred patients from nursing homes to hospitals, where they charged the elderly and their relatives.
Since the patients living in the nursing home were declared incapacitated, they could not refuse hospitalization. There was no need for hospitalization, but doctors abused their duties in order to make a profit. Embedded or implicit issues related to these problems may include the unlawful recognition of elderly patients as incapacitated (Fraud and false claims, n. d.). For example, a fraud could also be done with the help of a bribe from relatives who want to inherit property to a doctor who abuses their official duties
Problems of medical duty abuse have been relevant since the appearance of the Hippocratic oath, as medical duty abuse is a gross violation of the obligations listed in it. The problems of illegal recognition of incapacity appeared with the publication of ICD-10. It is listed in a clinically defined group of symptoms or behavioral signs that hinder the functioning of the individual and give grounds to recognize them as incapacitated (Fraud and false claims, n. d.). The key points of contention are the inability to carefully consider each individual case and prove the illegality of the doctor’s actions.
In addition, the controversial point also lies in the complexity of the procedure for recognizing incapacity due to the large number of psychological abnormalities and the lack of clear criteria for each of them. Values of those involved include the rights and health protection of elderly patients, as well as the violation of their freedoms. In addition, values of those involved represent compliance with current legislation and the Hippocratic oath on the part of doctors. The standards of practice in this case are violated, since they assume that it is always necessary to act for the benefit of the patient by assigning them hospitalization or recognizing them as incapacitated. Environmental factors which are addressed in this case represent the low wages of nursing home workers, which forced the specialists working there to seek earnings illegally.
Patient and consumer rights legislation in this case were violated by doctors for several legal reasons. First of all, this is the possibility of violating the freedom and rights of elderly patients due to their incapacity. In this case no harm was caused to the health of patients, however, the presence of incapacity opens up the possibility of much more serious violations on the part of doctors or relatives of patients (Fraud and false claims, n.d.). Although consumer and patient rights legislation can be violated even if a patient has legal capacity, elderly patients are particularly vulnerable and more often become victims of unlawful actions of doctors.
Ethical concerns in this case are caused by a violation of the Hippocratic oath and the very concept of the doctor’s activity, which should be based on the desire for selfless help to people. Moreover, the ethical issues considered are related to the conditions when it is possible to recognize a patient as incapacitated and hospitalize them in the absence of consent. Thus, the related outcomes of the issues considered can serve as serious moral, material and physical harm to the patient.
Reference
Fraud and false claims. 10th circuit affirms fraud conviction of hospital administrator – U.S. v. McClatchey, 217 F.3d 823, 2000 CJ C.A.R. 3386 (10th Cir. (Kan.)