Dr. Pokes, a well-known dermatologist who has practiced for more than 20 years, has started to...

Dr. Pokes, a well-known dermatologist who has practiced for more than 20 years, has started to cut corners in his practice. He has been reusing hypodermic needles and sutures on a number of patients, over the past several years. He has also been conducting procedures that were not necessary, scaring patients along the way, as they are uncertain of their condition. He is billing for unnecessary procedures, up charging on procedures and miscoding procedures. One of the patients he has treated in the past has just tested positive for Hepatitis C.

What legal and ethical issues do you feel are in this case? What do you think should be done in this case?

Expert Solution

Let us understand the major problems in this scenario:-

Dr.Pokes is using used hypodermic needles and sutures, on a number of patients
He has conducted procedures that are medically not necessary by scaring the patients.
He is billing for unnecessary procedures, up charging on procedures and miscoding procedures.
One of his patients is now positive for Hepatitis C.

LEGAL AND ETHICAL ISSUES:

It is not all advocable to use the same needle for different patients. Ideally we should use a new disposable needle for each patient. Here Dr. Pokes is putting his patients in a lot risk. They are at a risk of contracting various diseases that are transmitted by blood. Here Dr. Pokes is harming his patients which is otherwise totally preventable.
Ethically , it is totally wrong for the doctor to scare the patient of a condition he may not be going through or in a way forcing him to undergo certain medical procedures which is not required for the patient's condition. Here the doctor is putting the patient in situation where he/she has to undergo a lot of anxiety, mental and physical stress too, which is not required.
Usually patients hardly have any idea about the costs of procedures or treatments. It the legal and ethical duty of the doctors to be transparent and be truthful about the money that would be required for the treatment. Charging more money for mere profits is very unprofessional.
One of the patient is now suffering from hepatitis C which is transmitted by blood. There is a very chance that the patient transmitted the disease from a contaminated needle used in a positive patient. Now the person has to undergo a lot of health related issues for which Dr. Pokes is responsible.

All these actions come under "Medical Negligence ". It can defined as professional negligence by act or omission by a health care provider in which the treatment provided falls below the acceptable standards and causes death /injury involving medical error.

Dr. Pokes can be charged with serious medical negligence and can be revoked from his medical practice license .

WHAT CAN BE DONE: Dr. pokes needs to understand that what he is doing is ethically incorrect and can be booked under medical negligence and medical malpractice. He can start using new disposable syringes for each patient. He should make the patient aware of his/her real condition without scaring the patient. Also he shouldn’t charge extra money to the patients and be more transparent with them. He should also ensure routine blood assessments for a patient before performing any kind of procedure.

Nightingale answered 2 years ago

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