Protecting Patient Rights Research Articles

Evaluating Patient Rights and Agency: An In-depth Examination of Autonomous Decision-Making in AI-Powered Telemedicine

This study examines the adequacy of regulations concerning consent and patient autonomy in AI telemedicine in Ghana. Using the IRAC (Issue, Rule, Analysis, and Conclusion) method, the research analyzes existing Ghanaian healthcare laws and regulations in the context of AI-driven telemedicine. The study finds significant gaps in the current regulatory framework, including a lack of specific provisions for informed consent in AI telemedicine, unclear guidelines on maintaining patient autonomy, and inadequate addressing of liability issues in AI-assisted healthcare. Recommendations include developing specific AI healthcare legislation, updating existing laws to incorporate AI and telemedicine considerations, establishing AI ethics committees, and implementing short-term mitigation strategies such as interpretive guidelines and enhanced disclosure protocols. The study emphasizes the need for a two-pronged approach: long-term regulatory development and immediate implementation of interim measures to protect patient rights and ensure ethical use of AI in telemedicine.

Nursing Care and Ethical Challenges in the COVID-19 Pandemic: A Review

The COVID-19 pandemic has placed unprecedented pressures on healthcare systems across the globe, with nurses playing a pivotal role in managing patient care during this crisis. As front-line caregivers, nurses were not only responsible for delivering essential medical care but also found themselves navigating a series of ethical challenges that were often fraught with complexity. This review delves into the multifaceted role of nursing during the pandemic, focusing on both the clinical care provided and the significant ethical dilemmas faced by nurses. One of the most pressing ethical challenges was the allocation of scarce medical resources. The surge in COVID-19 cases led to critical shortages of ventilators, ICU beds, personal protective equipment (PPE), and other medical supplies. Nurses, often collaborating with multidisciplinary teams, were forced to make difficult decisions regarding which patients would receive these limited resources, raising profound ethical concerns about fairness and equity in healthcare. The review highlights the need for transparent, consistent decision-making frameworks that prioritize justice and equity. Such frameworks help ensure that resource allocation is guided by ethical principles rather than subjective judgments, thus fostering a fairer and more consistent approach to patient care. Another significant ethical issue addressed in this review is the balance between personal safety and professional duty. Nurses were often placed in situations where they had to weigh their commitment to patient care against the risks posed to their own health, particularly when faced with shortages of adequate PPE. This balancing act between personal safety and professional obligation introduced ethical dilemmas, such as the extent to which nurses were adequately informed of the risks they faced and whether healthcare institutions fulfilled their responsibility to provide a safe working environment. The review underscores the importance of developing robust infection control measures and ensuring the continuous supply of PPE to safeguard the health and well-being of healthcare workers. Patient autonomy and consent were also critical concerns during the pandemic. The urgency of care for critically ill COVID-19 patients, combined with isolation protocols that restricted family involvement, made it challenging to uphold patients' decision-making rights. The review explores how informed consent processes were affected by the rapid progression of illness and the necessity for immediate medical interventions, often with limited patient or family input. This issue further underscores the need for ethical guidelines that protect patient rights while ensuring timely and effective care. The psychological impact of the pandemic on nurses is another key focus of this review. Nurses faced not only physical exhaustion from long hours of work but also significant emotional strain from witnessing high mortality rates and making difficult ethical decisions. The review emphasizes the need for mental health resources, such as counseling and support groups, to help nurses cope with the emotional toll of their work. Addressing issues such as moral injury, compassion fatigue, and burnout is essential to maintaining a resilient nursing workforce. In conclusion, this review provides a comprehensive examination of the ethical challenges faced by nurses during the COVID-19 pandemic. It highlights the critical need for clear ethical guidelines, transparent resource allocation frameworks, protective measures, and mental health support systems. The lessons learned from this pandemic are invaluable for shaping future responses to global health crises, ensuring that nurses and other healthcare professionals are better equipped to navigate the ethical complexities of emergency care.

Regulation of The Use of Marijuana for Medical Purposes: A Comparison of Civil Law and Common Law Legal Systems

This study aims to determine the Regulation of the Use of Marijuana for Medical Purposes: Comparison of Civil Law and Common Law Legal Systems. This research uses normative juridical research methods using literature studies derived from Legislation, scientific journals, books related to medical cannabis discourse and analyzed qualitatively. Regulations related to Class I Narcotics in Indonesia are regulated in Law Number 35 of 2009 and Regulation of the Minister of Health of the Republic of Indonesia Number 30 of 2023. The use of cannabis as medicine is an urgent need. European countries are at the forefront of legalizing medical cannabis. Some European countries with a Civil Law legal system have different regulations in legalizing marijuana for medical purposes based on ownership restrictions. Meanwhile, countries with a Common Law legal system establish medical cannabis legalization policies based on the needs of patients, the quality of health provision, and the protection of patient rights. This study concludes that countries with a Common Law legal system have a pragmatic, case-based legal style that functions through logical reasoning while countries with a Civil Law legal system are more about practical implications.

Hak untuk Kesehatan dalam Konteks Medical Tourism Berdasarkan Perspektif Hak Asasi Manusia

Medical tourism is a global phenomenon in which individuals travel across countries to receive medical or health care. Although not directly recognized as a major component of human rights (HAM), medical tourism has a relevant impact on human rights aspects in countries like Indonesia. The Indonesian government has an important role in regulating medical tourism by taking into account the human rights framework. This involves developing regulations that ensure the protection of patient rights, monitoring quality medical practice, and fulfilling access to health services for all citizens, both local and medical tourists. This article provides a brief analysis of how medical tourism can impact several aspects of human rights including the right to health. However, this approach also raises questions about equitable access to medical care for local populations. In order to maintain a balance between benefits and negative impacts, implementing medical tourism in accordance with human rights principles will support the sustainable goal of providing quality and equitable medical care for all individuals, without violating human rights.

Evaluation of moral distress and moral intelligence among medical residents

Background: Medical ethics is necessary in the medical field to protect patient rights, enhance professional conduct, manage complex situations, prevent malpractice, and advance healthcare policy. Aim: This study aimed to examine the levels of moral distress and moral intelligence among medical residents and explore the relationship between these two concepts. Methods: This descriptive-analytical cross-sectional study was performed on 221 medical residents in 2021. The participants were recruited by census sampling method. Data were collected by two standard questionnaires, including Corley’s moral distress scale (2001) and Lennick and Kiel’s moral intelligence scale (2005). Statistical analyses were conducted using both parametric and non-parametric methods. All analyses were performed by SPSS-22 software. Results: Of participants, 140 (63.4%) were non-surgical and 81 (36.6%) were surgical assistants. Moral distress was significantly higher in surgical than non-surgical disciplines, (P<0.05). Further, according to the moral distress classification, 51.8% of surgical residents and 15.8% of non-surgical residents had severe moral distress. Moral intelligence was also higher in surgical than in non-surgical disciplines, but the difference was not statistically significant (P>0.05), and moral intelligence was moderate to high. There was a significantly negative correlation between moral intelligence (and its four subscales) and moral distress (P <0.001, r =-0.410). Conclusion: The results showed high moral distress and an inverse correlation between moral distress and moral intelligence among medical residents. The study highlights the importance of addressing issues related to moral distress and moral intelligence in medical education and training programs

Legal and Ethical Issues Associated With Challenges in the Implementation of the Electronic Medical Record System and Its Current Laws in India.

Electronic health records (EHR) have revolutionized healthcare by providing efficient access to patient information, but their implementation poses various challenges. This paper examines the ethical and legal issues surrounding EHR adoption, particularly focusing on the healthcare landscape in India. Ethical considerations, including patient autonomy, confidentiality, beneficence, and justice, must guide EHR implementation to protect patient rights and privacy. Legal issues such as medical errors, malpractice, data breaches, and billing inaccuracies underscore the importance of robust policies and security measures. Threats to EHRs, such as phishing attacks, malware, encryption vulnerabilities, and insider threats, emphasize the need for comprehensive cybersecurity strategies. Overcoming challenges in EHR implementation requires meticulous planning, financial investment, staff training, and stakeholder support. Despite the complexities involved, the benefits of EHR adoption in improving patient care and operational efficiency justify the efforts required to address legal, ethical, and technical concerns. Embracing EHRs while mitigating associated risks is essential for delivering high-quality healthcare in the digital age.

Advanced Applications of Artificial Intelligence in Pharmacovigilance: Current Trends and Future Perspectives

The primary goal of pharmacovigilance, the cornerstone of public health, is to track and evaluate adverse drug reactions in order to guarantee patient safety. Conventional approaches suffer from biases in human error, inefficiency, and scalability problems. A new era in pharmacovigilance is being ushered in by the introduction of artificial intelligence (AI), which holds the promise of vast data analysis, automated procedures, and enhanced safety signal detection. Artificial intelligence technologies improve adverse event detection and signal identification by providing unparalleled speed, accuracy, and scalability. They are adept at applying sophisticated algorithms, machine learning models, and natural language processing to glean insights from unstructured data sources like clinical notes, patient narratives, and regulatory reports. This capacity makes it possible to implement risk management plans that are more thorough and proactive. However, using artificial intelligence in pharmacovigilance necessitates large expenditures for processing power, infrastructure, and regulatory compliance. For artificial intelligence-driven systems to be accurate, dependable, and applicable, ongoing validation, monitoring, and improvement efforts are essential. The ethical and legal implications of patient privacy, data security, and regulatory compliance underscore the necessity of cautious artificial intelligence deployment in order to maintain public trust and protect patient rights. Regulatory agencies, healthcare professionals, and artificial intelligence developers must work together efficiently to implement explainable artificial intelligence frameworks, adaptive surveillance techniques, and improved signal validation processes in order to fully realize the potential of artificial intelligence in pharmacovigilance. This will usher in a new era of proactive risk assessment and improved public health outcomes. Keywords Pharmacovigilance, Artificial Intelligence, Signal Detection, Regulatory Affairs, Patient Safety, Public Health

Ethical considerations in healthcare IT: A review of data privacy and patient consent issues

This paper delves into the ethical considerations in healthcare Information Technology (IT), focusing on data privacy and patient consent issues. It explores the intersection of technological advancements in healthcare IT and the ethical imperatives guiding their application, specifically examining challenges in ensuring data privacy and obtaining informed consent amidst the complexities introduced by digital health technologies. Through a review of existing ethical theories, regulatory frameworks, and the implications of artificial intelligence (AI) and big data, the paper highlights technological solutions and policy recommendations to address these ethical challenges. It emphasizes the importance of balancing innovation with ethical considerations to protect patient rights and maintain trust in the healthcare system. The paper advocates for ongoing research and stakeholder engagement to evolve ethical standards aligned with technological advancements in healthcare IT.

Legal Personality of Robots

Developing a well-defined legal framework for robots is vital in this age of rapid advancement in technology. Such regulation is important not only to protect patient rights, but also to encourage responsible technological innovation and maximize the potential of robotics. In my research on the legal personality for robots, given the novelty of the topic and scarcity of specialized references, the research was conducted through extrapolating and analyzing related systems and regulations in the field of technology, in addition to studying relevant academic research on legal personality. A range of perspectives and trends were reviewed regarding granting legal personality to robots. The research began with the topic of legal personality in general, then discussed the notion of granting legal personality to robots between proponents and opponents. It also examined the position of countries and international organizations on robot legal personality, which have not yet recognized independent robots as legal persons since robots do not possess finances separate from their manufacturing companies, nor full autonomy from their human makers and operators. It was emphasized that granting legal personality to any entity requires a specific criterion which is the capacity to acquire rights and duties, assume obligations, and legal personality for robots is mainly attributed to the principle of appropriateness, legal necessity and their ability to act with a degree of consciousness and independence, which reinforces the likelihood of their committing harmful acts, causing damage to others. Given the treatment of robots in most countries as objects, the European Parliament put forward the human agent theory. Therefore, legislators should intervene to establish a clear legal framework that defines the legal nature of robots in a way that protects patient interests without discouraging companies and inventors from innovating to maximize the benefits of robotics and artificial intelligence technologies.

Improvement of the quality and safety of healthcare through the protection of patient rights

Improvement of the quality and safety of healthcare through the protection of patient rights

LEGAL CHALLENGES IN CROSS-BORDER IVF: THE ROLE OF BIOENGINEERING AND BIOINFORMATICS

This article explores the intricate legal challenges associated with cross-border in vitro fertilization (IVF), focusing on the roles of bioengineering and bioinformatics in this rapidly evolving field. As advancements in reproductive technology push the boundaries of what is possible, patients increasingly seek IVF treatment abroad, often due to varying regulations, cost differences, and access to specific procedures. However, this trend introduces a complex web of legal and ethical issues, as laws governing IVF differ significantly across countries. The article examines the impact of bioengineering, including genetic screening and manipulation, on the success rates and risks of IVF. It also underscores the importance of bioinformatics in personalizing treatment plans and improving decision-making processes, thereby highlighting the significance of individualized care. Ethical considerations, such as consent, autonomy, and cultural differences, are discussed alongside the challenges of regulatory compliance for clinics operating in multiple jurisdictions. The future of IVF technology is considered, with an emphasis on the need for international collaboration to standardize laws and protect patient rights. Through case studies and practical advice, the article provides a comprehensive overview of how patients and clinics can navigate the legal landscape of cross-border IVF.

Highlights of the 2022 Amendment to the Taiwan Mental Health Act

Abstract Background: Each country has each mental health act (MHA), which usually responds to the need of the society. Without exception, Taiwan has been through the enacting and amending the MHA since 1990. Methods: In the review, the authors intend to recount and to describe enacted or amended MHA in Taiwan. They are focusing on 2022 amendment to the MHA in Taiwan. Results: In Taiwan, the MHA with 52 articles was enacted in 1990, aiming at preventing and treating mental illnesses, safeguarding patient rights, promoting patient welfare, enhancing national mental health, as well as maintaining social harmony and tranquility. After several minor amendments, a significant revision took place in 2007. Since 2007, the focus of amendment to MHA was shifted from originally preventing and treating mental illnesses and protecting patient rights, to the addition of avoiding the stigmatization of mental illnesses. The goal of maintaining social harmony and tranquility was removed, but support and assistance for patients in community living were emphasized. The United Nations’ “Convention on the Rights of Persons with Disabilities” (CRPD), announced in 2006, serves as a crucial benchmark for the protection of the rights of persons with disabilities internationally. Taiwan’s implementation law for the CRPD was promulgated in 2014. According to the spirit of the CRPD, the 2022 Amendment to the MHA in Taiwan is intended to enhance the protection of the rights of patients with mental illnesses, to strengthen community support for patients, and to assist them in achieving equal living with others. The 2022 amended MHA in Taiwan comprises seven chapters and 91 articles, with key focuses on (a) promoting mental health, (b) establishing community mental health centers and diverse community support, (c) improving patient assistance and front-end prevention, strengthening patient reporting, and establishing crisis management mechanisms, (d) changing the approach to mandatory hospitalization treatment to involve judicial reservation, and (e) safeguarding patient rights, prioritizing criminal proceedings in cases of homicide and injury, and preventing stigmatization. Conclusion: The 2022 Amendment to the MHA in Taiwan is dedicated to more comprehensively caring for individuals with mental illnesses when concurrently safeguarding their rights, aligning with the modern societal emphasis on mental and physical health.

CONSUMER PROTECTION FOR HEALTH SERVICES USERS OF SOCIAL HEALTH SECURITY ADMINISTERING BODIES FROM AN ISLAMIC PERSPECTIVE (Research Study at Sawang Community Health Center, North Aceh)

Consumer protection is the pursuit of legal certainty and safeguards for customers. In Indonesia, this extends to all citizens, including civil servants, retired TNI/POLRI recipients, veterans, and other State-Owned Enterprises, who are covered by National Health Insurance. This insurance is managed by the Social Health Security Administering Body, a legal entity directly accountable to the President. The establishment of this body aimed to ensure the well-being of participants and their families by providing essential living necessities. Within this context, several significant issues arise. One pertains to how the Health Social Security Administering Body safeguards the rights of patients at the Sawang Health Center. Additionally, there are challenges in upholding patient rights at this center. Empirical juridical research was employed to investigate these matters, involving data from human interactions through interviews, direct observations, physical evidence, and archives. The findings reveal that some rights remain unfulfilled. For instance, patients holding Social Security Administering Agency cards may face prosecution if they seek treatment at a health facility different from the one listed on their card. Furthermore, many cards, including BPJS cards, Resident Identity Cards, or Family Cards, are not registered with the Population and Civil Registration Service (Dukcapil), creating obstacles for the Sawang Community Health Center. To address these challenges, efforts should be made to prevent prosecution for patients with cards that differ from their treatment facility, ensuring they receive necessary medication. Additionally, inactive Social Security Administering Body cards should be reactivated to enhance access to healthcare. In summary, consumer protection in the context of healthcare at the Sawang Community Health Center and the role of the Social Security Administering Agency is a complex issue. Addressing challenges related to card discrepancies and inactivity is crucial for the protection of patient rights in this setting

Application of Medical Professional Ethics in a Legal Context: Comparative Analysis of Ethical Cases and Legal Aspects

This research explores the relationship between ethical values in medical practice and the governing legal framework, especially in the context of medical cases involving patient privacy and treatment decisions. Through an in-depth analysis of the differences and harmony between the principles of medical ethics and legal requirements, this research discusses the implications of these discrepancies for clinical decisions, physician responsibilities, and the protection of patient rights. These findings highlight the complexity of achieving appropriate alignment between the ethical values underlying medical practice and the legal framework governing medical practice

Harnessing the Power of AI: A Comprehensive Review of Its Impact and Challenges in Nursing Science and Healthcare.

This comprehensive review delves into the impact and challenges of Artificial Intelligence (AI) in nursing science and healthcare. AI has already demonstrated its transformative potential in these fields, with applications spanning from personalized care and diagnostic accuracy to predictive analytics and telemedicine. However, the integration of AI has its complexities, including concerns related to data privacy, ethical considerations, and biases in algorithms and datasets. The future of healthcare appears promising, with AI poised to advance diagnostics, treatment, and healthcare practices. Nevertheless, it is crucial to remember that AI should complement, not replace, healthcare professionals, preserving the essential human element of care. To maximize AI's potential in healthcare, interdisciplinary collaboration, ethical guidelines, and the protection of patient rights are essential. This review concludes with a call to action, emphasizing the need for ongoing research and collective efforts to ensure that AI contributes to improved healthcare outcomes while upholding the highest standards of ethics and patient-centered care.

The relationship between occupational burnout and moral courage in operating room personnel: A cross-sectional study

BackgroundNurses are prone to early occupational burnout. Compared to the personnel in other hospital wards, operating room personnel suffer from higher rate of occupational burnout. Previous studies have addressed the relationship between burnout and moral distress, but a review of literature shows that the relationship between occupational burnout and moral courage has not been investigated. The present study aims to investigate the relationship between occupational burnout and moral courage in the operating room personnel. MethodThis is a descriptive-analytical study with a cross-sectional design. The participants consisted of 583 members of the operating room personnel of hospitals affiliated with a university. Data were collected using the Burnout Inventory and the Moral Courage scale. ResultsThe majority of the participants were female (81.1%) and married (65.7%) and had a bachelor's degree (86.4%). The occupational burnout mean score of the participants was an average (61.28±17.06), while their moral courage mean score was a high (93.74±11.16). The results showed that the relationship between the operating room personnel's job burnout and moral courage was not statistically significant (P = 0.067, R=-0.076). ConclusionGiven the fact that operating room personnel suffer from average levels of occupational burnout, operating room managers must arrange continuous educational programs and periodic counseling sessions to reduce burnout in the operating room personnel. In addition, clinical policy makers are advised to take measures to maintain the persistence of morally courageous behaviors by the personnel to protect patient rights.

CRIMINAL LIABILITY OF MEDICAL WORKERS FOR COMMITTING PROFESSIONAL CRIMINAL OFFENSES

The article focuses on critical issues regarding the criminal liability of medical workers for professional criminal offenses. It emphasizes the necessity of protecting patient rights and improving the legislative framework for effective regulation of the

The Impact of Changes in Mental Health Legislation on Psychiatry Trainee Stress in Victoria, Australia.

In Victoria, Australia, the introduction of a new state Mental Health Act (MHA) in 2014 resulted in changes to the workload and type of work undertaken by trainee psychiatrists. In addition to long working hours, workload intensity is most often cited by trainees as a factor that leads to fatigue, with trainees often taking work home or doing overtime in order to fulfill work responsibilities and satisfy training requirements. This administrative burden is compounded by the high emotional burden associated with the practice of psychiatry, including patient suicides, aggression, and threats. This study aimed to explore the impact of these legislative changes on psychiatry trainees' stress and well-being, using a qualitative research methodology involving semi-structured interviews. Despite reporting that the length and number of reports they were preparing under the new MHA had increased, as had the amount of time spent at Tribunal hearings, psychiatry trainees were understanding of the necessity of MHA changes in improving patient rights. The trainees did not express a desire for the MHA changes to be reversed, but rather recognition by their workplaces that changes are also needed at a ground level-such as an increase in staff numbers-to accommodate for these. While mental health legislative changes are designed to improve the system and better protect patient rights, measures must also be taken to ensure that any policy-level changes are adequately adjusted for in hospital staffing levels.

Law Enforcement and Patient Privacy Among Survivors of Violence: A Nationwide Mixed-Methods Study

IntroductionDuring the emergent treatment of violently injured patients, law enforcement (LE) officers and health care providers frequently interact. Both have duties to protect patient health, rights, and public health, however, the balance of these duties may feel at odds. The purpose of this study is to assess hospital-based violence intervention program (HVIP) representatives’ experiences with LE officers among survivors of violence and the impact of hospital policies on interactions with LE officers. Materials and methodsA nationwide survey was distributed to the 35 HVIPs that form the Health Alliance for Violence Intervention. Data regarding respondent affiliation, programs, and perceptions of hospital policies outlining LE activity were collected. Follow-up video interviews were open coded and qualitatively analyzed using grounded theory. ResultsRespondents from 32 HVIPs completed the survey (91%), and 22 interviews (63%) were conducted. Common themes from interviews were: police-patient interactions; racism, bias, and victims' treatment as suspects; and training and education. Only 39% of respondents knew that policies existed and were familiar with them. Most representatives believed their hospitals’ existing policies were inadequate, ineffective, or biased. Programs that reported good working relationships with LE officers offered insight on how their programs maintain these partnerships and work with LE officers towards a common goal. ConclusionsUnclear or inadequate policies relating to LE activity may jeopardize the health and privacy of violently injured patients. Primary areas identified for improvement include clarifying and revising hospital policies, education of staff and LE officers, and improved communication between health care providers and LE officers to better protect patient rights.

Addressing the educational gap in the role of law enforcement personnel in the resuscitation bay

BackgroundHealth care workers are often uncertain of the role of law enforcement personnel in the resuscitation bay. A cross-sectional, quality improvement project was designed with an educational intervention to address the knowledge gaps. MethodsThere were 2 sessions for trauma surgery and emergency medicine faculty, residents, and staff. The first was a formal presentation by hospital risk management and security focused on answering questions generated by real-life scenarios. After reviewing feedback from the first session, the second session was designed as a panel discussion led by attending physicians who reviewed various clinical scenarios. A pre/postsurvey was administered, including potential clinical scenarios with multiple-choice answers and open feedback. ResultsThere were 64 presurvey and 31 postsurvey respondents from the first session (48.4%). Significantly more questions were answered correctly from pre to postsurvey (5.5 vs 6.7/16 questions; U = 798.0, P = .048). Of the 14 (45.2%) respondents who provided open-ended feedback, 50% indicated confusion, and 21.4% expressed strong, negative emotions. In the second session, there were 39 presurvey and 18 postsurvey respondents (46.2%). Again, significantly more questions were answered correctly after the second session (2.2 vs 4.5/7 questions; U = 115.0, P ≤ .001). Feedback highlighted that the panel format was considered more helpful than the formal didactic of the first session. ConclusionConfusion about the role of law enforcement personnel in the clinical environment can be partially addressed using multidisciplinary joint conferences that should be led by clinicians to ensure real-life clinical applicability. Further education and law enforcement personnel role clarification for health care workers are critical to protect patient rights.