Respond to the following questions in -depth using paragraph form. Paragraphs must be at least 5-7 sentences.
1. Dr. Webber joined the Gelder Medical Group, which was a medical partnership. Part of the agreement was that if for any reason his association with the group ended, he would not practice medicine for five years within 30 miles of the Village of Sidney, where the partnership was located. The agreement also provided that any member could be required to withdraw from the partnership upon a majority vote of the other members. Dr. Webber’s work with the group turned out to be unsatisfactory to his partners, who felt he was an embarrassment to the group. Dr. Webber refused to withdraw from the association after he was terminated by the other physicians. Two months later, despite his earlier agreement, Dr. Webber opened a medical office in Sidney. The partnership brought suit to prevent him from carrying on his practice. Could they do this successfully?
2. Plaintiff Raymond Vadnais alleged that, in 1986, he visited [a physician] at Beth Israel Hospital’s ear, nose, and throat clinic complaining of ear pain. After antibiotics failed to relieve the pain, [the physician] recommended surgery. However, after [the physician] learned that the plaintiff was infected with HIV, he refused to perform the operation. Should the physician be required to perform the operation?
3. Can federal agencies make their own rules and prosecute those who violate the rules?
4. A patient who has not paid a bill has come to the emergency room for medical treatment. While there, a medical assistant notices a large amount of money in her purse. The medical assistant tells the security guard. The guard stands at the patient’s room and refuses to let her leave until she pays some money toward her bill. Can the patient file charges against the hospital? If so, what will the proper complaint read?
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Introduction:
As a medical professor tasked with creating college assignments and evaluations for medical college students, ethical dilemmas frequently arise. These questions explore ethical issues in the medical field, specifically surrounding medical partnerships, discrimination towards patients with HIV, federal agency rules, and patient rights.
1. The medical partnership had previously agreed that if Dr. Webber’s association with the group ended, he would not practice medicine for five years within 30 miles of the Village of Sidney. Additionally, the agreement stated that any member could be required to withdraw from the partnership upon a majority vote of the other members. Dr. Webber’s unwillingness to withdraw from the partnership led to his termination by other physicians, and he subsequently opened a medical office in Sidney despite his agreement. In this case, the partnership has grounds to successfully sue Dr. Webber for carrying out his practice against the agreement despite his termination from the group.
2. If a physician recommends surgery to a patient and then refuses to perform the operation upon learning the patient has HIV, they are discriminating against said patient based on their medical status. HIPAA and the Americans with Disabilities Act (ADA) prohibit medical discrimination against patients with HIV. The physician should not refuse to perform the surgery based on the patient’s medical status. It is their ethical duty as a medical professional to provide proper care and treatment to all patients without discrimination.
3. Federal agencies have the authority to make their regulations and prosecute violators who infringe these regulations. The Federal Food, Drug and Cosmetic Act and the Federal Trade Commission Act are examples of federal regulations in the medical field that protect public health and safety. These regulations fall under agencies’ jurisdiction and are necessary to ensure patients receive the best possible care.
4. While it is reasonable for the medical assistant to observe a patient’s purse and mention a large sum of cash to the security guard, the guard’s refusal to allow the patient to leave until they pay part of their bill violates that patient’s rights. Medical treatment should not be threatened or withheld due to an unpaid bill or any other financial obligation. The patient has the right to file charges against the hospital for detaining them and violating their rights to medical treatment. The complaint will cite the violation of patient rights and request compensation for unnecessary suffering and financial loss.
