ANNOTATED BIBLIOGRAPHY

ANNOTATED BIBLIOGRAPHY

Atkins, C. D., & Burnett, H. (2017). Moral reasoning about ending life revisited: Influences of religiosity and resilience. Michigan Academician, 44(3), 239-255.

Atkins article provides a critique of the moral reasoning behind ending life by medical practitioners. It provides an examination of the action using a religious, resilience as well moral judgment perspective. Ending life is an authorized medical provision in selected countries especially in instances where the patient is suffering from a terminal illness associated with extreme physical and mental pain. Practitioners end life through physician-assisted suicide (PAS), mercy killing (MK) and active euthanasia (AE). Moral judgment, as well as religious ideologies, provides that ending life no matter the circumstances is a sin and a wrongful moral action. Christian conservatives warrant the action as medical malpractice (Atkins, 2017). On the other hand, resilience provides an argument for mercy killing as a legitimate action. Its argument relies on the ideology that there are selected medical instances when the patient is in a vegetative state or extreme suffering without a medical cure or therapeutic intervention.

He, A. J., & Qian, J. (2016). Explaining medical disputes in Chinese public hospitals: The doctor-patient relationship and its implications for health policy reforms. Health Economics, Policy, and Law, 11(4), 359-378. doi:http://dx.doi.org/10.1017/S1744133116000128

He and Qian’s article discusses the increasing incidences of medical disputes reported among Chinese government hospitals. It reveals the effects of this occurrence to the doctor-patient relationship and its role in the development of health reforms. Chinese hospitals continue to suffer widespread protests and violent attacks from consumers. The article reveals that the occurrence is as a result of the increased rates medical malpractices, demotivation of the hospital workforce, disorganization of medical institutions legal frameworks as well as the frustrated relationships between the health service providers and the public. The article provides an evaluation of the medical disputes using a case study of Shenzhen City. The findings reveal that medical disputes arise from employee demotivation in hospitals due to inappropriate work incentives and increased workloads for medical practitioners that result in poor service quality (He & Qian, 2016). The article also points out that apart from restoring the patient-doctor relationship, there is a need for the development of institutional healthcare reforms.

Henson, N. (2018). A taste of their own medicine: Examining the admissibility of experts’ prior malpractice under the federal rules of evidence. Vanderbilt Law Review, 71(3), 995-1031.

Henson’s article discusses the legal procedure surrounding a malpractice suit. It reveals that an expert witness plays a crucial role in shifting the jury perceptions towards his party. Their competency sways the jury decisions in their favor.  Ideally, to discredit opposing experts, parties usually provide cross-examination based on an argument discussing their malpractices in medical service provision. Such evidence is known to reveal the incompetent tendencies of a medical service provider. However, the courts exclude them as evidence when offered against the defendant’s doctor. Although the federal rule of evidence 404 provides that courts should consider discretion of prior malpractice evidence, courts may decide to exclude or include such information depending on the circumstances (Henson, 2018). Henson’s article, therefore, argues of the need to reform the clause for judicial insight. Knowledge of past malpractices can shed light on the credibility of a medical expert’s professionalism and problem-solving skills.

Hubbeling, D. (2016). Medical error and moral luck. HEC Forum, 28(3), 229-243. doi:http://dx.doi.org/10.1007/s10730-015-9295-3

Hubbleling article addresses the concept of moral luck concerning medical mistakes. It discusses moral-luck that results in medical errors especially in instances where a practitioner carries out a mistaken omission of an essential medical aspect with dire consequences. It article provides a case when a practitioner mistakenly fails to compare the label on a syringe with that of the drug chart that leads to the administration of wrong medication to a patient that may result in the death of the patient.  There are times when other doctors may have been lucky and suffered no significant consequences for this action. As such, the aspect of moral luck is contentious. It is difficult to determine the appropriate punishment for the doctor, as others have done it and gotten away, however, in this case, a patient has died (Hubbeling, 2016). According to medical studies, providing punishment for medical errors is not an effective way of preventing future occurrences.

Kachalia, A., Sands, K., Van Niel, M., Dodson, S., Roche, S., Novack, V., . . . Mello, M. M. (2018). Effects of A communication-and- resolution program on hospitals’ malpractice claims and costs. Health Affairs, 37(11), 1836-36. doi:http://dx.doi.org/10.1377/hlthaff.2018.0720

Kachalia article highlights the results of the communication and resolution programs (CRP) that has been implemented by numerous hospitals to assist the post medical injuries communication with patients. Its main benefits include; boosting transparent communication between patients and practitioners in the events of medical errors by providing investigation, explanation, apologies, responsibility, accountability, and provision of compensation where necessary. Although many institutions support the implementation of CRPs as part of corporate responsibility, the liability concerns are still present. Kachalia article provides an evaluation of the liability effects of CRP using case studies from four Massachusetts hospitals. The research analyses the before and after trends of the CRP implementation by assessment of cost, claims volume and resolution procedures. It compares the four hospital and other non- implementing hospitals. The findings reveal that CRP improved legal defense costs at the hospitals while reducing liability trends and financial consequences for service providers (Kachalia et al., 2018).

Mendonca, V. S., Gallagher, T. H., & de Oliveira, R., A. (2018). The function of disclosing medical errors: New cultural challenges for physicians. HEC Forum, 1-9. doi:http://dx.doi.org/10.1007/s10730-018-9362-7

Mendonca article discusses the techniques employed by medical physicians in remedying the rising trend of medical disputes. The report reveals that most institutions agree that the appropriate disclosure of medical errors is an important technique that can be applied by medical service providers to improve the quality of health services provision and patient’s welfare. Disclosure of medical errors encourages the hospitals to uphold transparency within their communication with patients on post medical error outcomes.  The article reveals that countries such as Brazil did not have the medical culture of disclosing, apologizing, taking accountability and responsibility for harmful errors committed by medical practitioners (Mendonca, Gallagher & Oliveira, 2018). As such, institutions suffer from medical disputes while patients suffer from repeated occurrences of medical errors. Although there is a stigma associated with medical errors, non-disclosure may result in negative emotional implications for the practitioner. The article, therefore, suggests the need guidance on error disclosure to facilitate transparency and open communication among patients and doctors in countries like Brazil.

Montanera, D. (2016). The importance of negative defensive medicine in the effects of malpractice reform. The European Journal of Health Economics: HEPAC, 17(3), 355-369. doi:http://dx.doi.org/10.1007/s10198-015-0687-8

Montanera article discusses the model of insurer and physician behavior within the practice of defensive medicine pointing out the positive and negative implications that arise from such situations. It highlights bad defensive medicine, the insurer’s conduct, and the effects of changing malpractice pressure on previous models. Montanera argues that there is rising malpractice pressure on medical institutions. Ideally, this has improved quality service production and reduced health care insurance expenditure but up to an optimum level where quality begins to decline. The main argument for malpractice reform is that it is the best technique of ensuring appropriate medical care and reduced cost of medical treatment among consumers (Montanera, 2016).  The results explain the inconsistent findings on the effects of malpractice reform on medical institutions. Some institutions reveal that it does nothing to improving quality service production instead it leads to a decline in quality services.

 

Parker, J. C. (2018). Clinical ethics consultation after God: Implications for advocacy and neutrality. HEC Forum, 30(2), 103-115. doi:http://dx.doi.org/10.1007/s10730-017-9340-5

Parker article provides a discussion of the connection between Christian and clinical ethics. It examines Tristram Engelhardt Jr writings, “In after God: Morality and Bioethics in a Secular Age.” According to Engelhardt perspective, the clinical ethics applied in medical institutions have lost the culture of incorporating God’s-eye view to moral reasoning. The article focuses on the effect of Engelhardt perspective for clinical consultations on ethics. It examines on whether the clinical ethics consultants (CECs) should adopt Christian and religious attitude in the provision of arguments for moral agenda, or whether they should maintain a neutral stance that exclusively applies legal and ethical reasoning. Engelhardt argues on the need to include Christian views on the clinical consultations as it provides a spiritual outlook on the medical issues affect patients and the organization of medical institution as a whole (Parker, 2018). The article offers the implications of applying Christian perspective as well as a neutral outlook for clinical consultations.

Rao, M. B., & Rao, M. M. (2016). Trust betrayed – depraved doctor or negligent hospital? IUP Journal of Management Research, 15(2), 53-72.

Rao article analyses the concepts surrounding medical ethics while providing a critique of medical malpractices. It refers to medical ethics as the moral principles that govern medical practices. Medical ethics entails the application of concepts borrowed theology, philosophy, and sociology to the clinical workplace. The article highlights a medical malpractice instance that cost the John Hopkins Hospital a $ 190 million for a doctor-patient confidentiality case. The situation involved an OBGYN betraying a patient’s trust by taking offensive sexual photos of the patient’s intimate parts. The evidence presented no injuries or an appropriate diagnosing, nor death of the patient. The doctor did not share the photo or have sexual relations with the patient, but the case still warrants a breach of trust essential to the doctor-patient relationship (Rao & Rao, 2016). The evidence reveals the need for coordination of hospital administration, patient laws and ethical governance in the operations of hospitals.

Ruxandra-Cristina DUȚESCU. (2017). MEDICAL MALPRACTICE. THE MALPRACTICE INSURANCE. Lex Et Scientia, Xxiv(1), 39-47.

Ruxandra’s article critiques the increasing number of complaints channel by patients about medical malpractices on the rise in hospitals. It highlights the different situations that have resulted in adverse medical conditions such as irreparable injuries and death of patients in extreme circumstance. The article reveals that professional misconduct by practitioners in the process of carrying out medical acts that result in harm to patients warrants a lawsuit by the victim. Unfortunately, such a situation creates civil liability for the medical institution, the medical personnel, and provider of medical or pharmaceutical products. However, the law under the act, 95/2006 on health care reforms provides that medical service providers are under the duty to conclude a malpractice insurance for instances medical damages to patients and professional civil liability (Ruxandra, 2017). The insurance policy provides the limits to liability covered by their plan. Although, this is a positive move by the government it has done very little in reducing reported instances of medical malpractices.

 

References

Atkins, C. D., & Burnett, H. (2017). Moral reasoning about ending life revisited: Influences of religiosity and resilience. Michigan Academician, 44(3), 239-255.

He, A. J., & Qian, J. (2016). Explaining medical disputes in chinese public hospitals: The doctor-patient relationship and its implications for health policy reforms. Health Economics, Policy and Law, 11(4), 359-378. doi:http://dx.doi.org/10.1017/S1744133116000128

Henson, N. (2018). A taste of their own medicine: Examining the admissibility of experts’ prior malpractice under the federal rules of evidence. Vanderbilt Law Review, 71(3), 995-1031.

Hubbeling, D. (2016). Medical error and moral luck. HEC Forum, 28(3), 229-243. doi:http://dx.doi.org/10.1007/s10730-015-9295-3

 

Kachalia, A., Sands, K., Van Niel, M., Dodson, S., Roche, S., Novack, V., . . . Mello, M. M. (2018). Effects of A communication-and- resolution program on hospitals’ malpractice claims and costs. Health Affairs, 37(11), 1836-36. doi:http://dx.doi.org/10.1377/hlthaff.2018.0720

Mendonca, V. S., Gallagher, T. H., & de Oliveira, R.,A. (2018). The function of disclosing medical errors: New cultural challenges for physicians. HEC Forum, , 1-9. doi:http://dx.doi.org/10.1007/s10730-018-9362-7

Montanera, D. (2016). The importance of negative defensive medicine in the effects of malpractice reform. The European Journal of Health Economics : HEPAC, 17(3), 355-369. doi:http://dx.doi.org/10.1007/s10198-015-0687-8

Parker, J. C. (2018). Clinical ethics consultation after god: Implications for advocacy and neutrality. HEC Forum, 30(2), 103-115. doi:http://dx.doi.org/10.1007/s10730-017-9340-5

Rao, M. B., & Rao, M. M. (2016). Trust betrayed – depraved doctor or negligent hospital? IUP Journal of Management Research, 15(2), 53-72.

Ruxandra-Cristina DUȚESCU. (2017). MEDICAL MALPRACTICE. THE MALPRACTICE INSURANCE. Lex Et Scientia, Xxiv(1), 39-47.

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