"Implementing the Performance Appraisal in Medicine" is a great example of a paper on the health system. Answer1: Legally medical professionals can be liable to impairment, incompetence, and unethical conduct. Before reporting, proper assessment should be made about the type of misconduct and if there has been misconduct in the first place. A detailed report mentioning misconduct problems and facts should be made. If unethical conduct threatens patients' health directly should be reported to proper clinical service and state licensing authorities should be notified. In case there is any violence involved, report to state law enforcement authorities.
All other types of unethical behavior should be reported to state professional medical organizations (American Medical Association 2012). In the case of the chief administrator of a medical firm, the proper authority would be state licensing authority or law enforcement authority in case of any violence. The rationale for doing this is that as chief administrators of the medical firms, one can handle minor issues himself. In cases where violence is involved or there are repetitive complaints against a professional, it is important to report that to these authorities since there has more jurisdiction and chief is also liable by law to report that.
Moreover, there is a risk to the patient’ s health if this is not reported. Answer 2: a. Performance appraisal is a common method that is used for the evaluation of medical professionals within the organization. However, there are certainly other methods and solutions. Reviews and feedback from patients about medical professional’ s attitude is the best alternative to peer review and it would be based upon the performance of the doctor. Moreover, detailed scrutiny of documents filed by professionals would also help in personality assessment. Answer 3: Good Samaritan Law states that medical professionals should act immediately in the time of emergency even without proper consent of the patient and would not be liable to sue under any law hence getting immunity.
This law is based on ethical grounds stating the fact that human life is more valuable than anything else. A medical professional should assist in emergency situations as per their ability to act as a Good Samaritan according to this law but there are certain legal aspects that can arise later.
It is best advised to consider all the legal matters and state laws before participating in such acts. However, a life-saving measure that a medical professional is expert at should never be resisted if there is no alternative option available. John Stevens, a British psychiatrist, treated a patient of a pulmonary embolism on a flight in California acting as a Good Samaritan. He filled a lawsuit claiming that the airline owed him 4.5 more than his normal charges. The case was however settled as he realized he was not liable to practice in the United States and his degree was only applicable in the UK and hence the Good Samaritan law was not applicable to this hero (William O.
Howie 2012). Answer 4. According to the Emergency Medical Treatment and Active Labor Act (EMTALA), this patient should be first accessed for stability. Once he is stable than he should be given detailed information about his condition and that medical facilities are available in the same hospital. If the patient still insists, then he should be transferred after informed consent and only when he is stable enough to be transferred.
Opinion 9.031 - Reporting Impaired, Incompetent, or Unethical Colleagues. American Medical Association 2003.
William O. Howie, Benjamin A. Howie, Patricia C. McMullen. (2012). To Assist or Not Assist,
Good Samaritan Considerations for Nurse Practitioners. Journal for Nurse Practitioner. 8(9):688-692. Retrieved 26th December 2012, from Medscape database.