The technological and biological advances in the medical field have necessitated the involvement of a complex moral evaluation to ensure proper use. The experiments carried out involve human and animal participants. If no legislation laws regulate them, such experiments could be lethal. The existence of such laws demands a representative on behalf of medical research or clinical institutions and patients. Here is where bioethics lawyers come in. But what does a bioethics lawyer do?
1. Bioethics Lawyers Draft Medical Agreements
All countries have an outline of written bioethics laws. However, some may contain loopholes and may not be as specific as they are intended to be. It is, therefore, important to bring in a bioethics lawyer to draft such agreements professionally in line with the needs of the involved parties.
The most common medical contracts are those between an employer and service providers and those between patients and medical institutions.
Contracts Between Employers and Medical Service Providers
This is a contract between the employer and the persons providing the medical services. It holds the medical service providers responsible if they do not adhere to the agreement’s purpose and vice versa. Certain details are essential and should not be left out when drafting such contracts.
The involved parties should personalize the contract’s format for clarity. All medical contracts have a set format, but it might not be applicable in all situations. Personalizing them ensures simplicity, enhancing the understanding of the involved parties. It also ensures that it is organized clearly and briefly.
The involved parties should clearly define their roles and responsibilities. This clause should specify the tasks and functions of each involved party. It should also indicate working hours and the nature of care to be provided without excluding extra services. This clause also assigns those in charge of the day-to-day operations like data and equipment maintenance.
The confidentiality clause states that no party can disclose medical information to an unrelated third party. It is important to keep patients’ medical or health insurance information private. It is also important for patients to keep the facility’s confidential information private. A simple breach from either party can result in massive repercussions. This agreement should hold even after termination. Apart from what the law requires, the involved parties can mutually agree on other factors that would compromise confidential information.
The compensation clause is essential in this agreement. It should be carefully drafted and clearly stated. The terms differ. They could either be fixed or based on the times and hours the service has been provided. Sometimes, the service providers are paid daily for door-to-door operations.
The term clause dictates the duration for which the service providers will avail of their services. Sometimes, either of the parties is willing to terminate the contract before the end of the term. Regulations on such situations are outlined in the termination clause. A breach is the most common cause of pre-mature contract terminations.
Contracts Between Patients and Medical Institutions
Such contracts may be agreements for treatment consent, especially where clinical trials are involved. What does a bioethics lawyer do? The bioethics lawyer ensures the contracts provide adequate information on the clinical trials to the patients, now research subjects, for them to make informed decisions before participating. This information should include the risks and the side effects of the treatment.
The research subjects should also be given adequate time to ask questions, which medical practitioners must answer. The time is also essential to consult with their family members. The subjects of research must be willing to indulge without forceful coaxing. It is also important to keep them and their family members in the loop as the treatment progresses. Such contracts call for transparency every step of the way.
Research subjects can get exposed to risks instead of benefiting from the trials. The contract covers the medical institution from legal repercussions. However, in some cases, compensation is given to the family if agreed upon when drafting the contract. Failure to offer the written compensation agreed upon can warrant a lawsuit that can stand in court due to the binding nature of the contract.
Sometimes, medical institutions are tempted to apply implicit bias science during clinical trials with little consideration of the outcome. Agreements are important because they ensure legal action if such trials are not indicated in the agreement.
Other modern clinical trials that call for contract signing are nanomedicine, robotic surgery, gene therapy, neuroimaging, medical imaging, and telemedicine. These advancements have benefited the medical field significantly, but extra precautions must be taken when dealing with them. They could lead to DNA damage and organ and tissue damage in humans.
Some patients find it difficult to complete their course of treatment due to prolonged treatments or the side effects of the medication. This poor adherence can be fatal, especially when dealing with serious dialysis. The existence of a written contract that outlines the responsibilities of both parties can improve the patient’s adherence. Written contracts also ensure the professionalism of medical practitioners. Additionally, they cause the medical practitioners to act with the best patients’ interests at heart.
It is also important to let your bioethics lawyer accompany you to your medicare insurance consultant. What does a bioethics lawyer do when they accompany you? They ensure that what the health insurance companies offer you is substantial. It is also easier to understand what you are being offered because they offer indepth explanations. Do not sign any agreements without consulting with them first. Apply this to all insurance policies, including minor ones like the medicare dentists cover.
2. Bioethics Lawyers Secure Patents
Acquiring medical permits can be long and exhausting. It is necessary, and no medical facilities are allowed to operate without them. Bioethics lawyers can be very resourceful in obtaining these permits, especially because facilities require several permits. But what exactly do bioethics lawyers do to obtain them?
Bioethics lawyers compile, prepare and organize all the information and data about the medical research or clinical institution required by the licensing board. Before sending the information, they must ensure that nothing has been falsified. They are also responsible for sending additional documents as requested by the licensing board.
Following up by personally making calls to the licensing board may assist in shortening the waiting period. However, this does not always guarantee they will release the license immediately. Plan to wait for several days.
3. Bioethics Lawyers deal with Malpractice Suits
Bioethics lawyers represent medical institutions in suits on malpractice; some due to neglect and others due to medical equipment failure. A bioethics lawyer can also act as a patient’s representative when the patient’s medical rights have been violated.
What does a bioethics lawyer do when faced with such claims? They first analyze the consent agreement, if any exists. As a patient’s representative, a bioethics lawyer will contrast the claimed malpractice against the written laws to determine the extent of the malpractice and the best way to handle it. As a medical institution’s representative, a bioethics lawyer will analyze the extent of the malpractice while finding ways to justify its causes.
Common Reasons for Malpractice Cases
The advancement of technology in the medical field has seen the rise of several modern pieces of equipment. But what is rarely considered by the medical personnel is the equipment can also fail, resulting in a misdiagnosis.
It is therefore not enough to carry out a single test. The medical personnel must take precautions and perform due diligence since several common ailments share symptoms with more serious diseases. The medical institution can argue that the equipment had defaulted. The victimized patient can also argue that the institution failed to take extra precautions and proper equipment maintenance.
Recently, there have been cyber attacks on medical systems and wearable technology, contributing to equipment and device failures. Audiologists are among the most affected. They select and dispense hearing aid devices to help prevent hearing loss in affected patients. In such a scenario, what does a bioethics lawyer do? Each party should hire a bioethics lawyer to help come up with a mutual settlement in favor of both parties, failure to which the court can address the matter.
Failing to obtain consent from the patient before a treatment plan is medical malpractice. Before any treatment plan, it is important to inform the patient of the possible risks and side effects. The doctors must ensure that the patients understand the extent of their involvement. If possible, get them to sign a consent agreement to prevent issues from arising in an unexpected event.
Failure to treat the diagnosed condition differs from misdiagnosis because a correct diagnosis can be made but not adequately treated. The medication dosage might not be sufficient to clear out the infection. Discharging patients too soon without taking time to observe their recovery process also falls under this category.
Medication errors are common medical malpractices in many countries today. Technology advancements have led to the manufacture of different medications that serve the same purpose but contain various compounds. Normally, medical practitioners must carry out tests before administering any medication to help detect underlying conditions, which they do not usually do.
Prior medical tests are essential, especially during sedation dentistry. Some compounds in the sedatives tend to cause headaches as a side effect. Administering such dosage during a sedation dentistry procedure to a patient with high blood pressure could accelerate it to critical lengths. Prior medical tests should be thorough. Rapid testing provides fast results but should be avoided during serious procedures.
I am sure we have all heard of surgeries that have gone wrong, leaving surgical instruments inside the body, operating on the wrong part of the body, and incorrect anesthesia dosages. It is, however, important to note that an unsuccessful surgery does not equate to a surgical error, especially if it was consented by the patient with a proper understanding of the procedure’s flaws.
The medical practitioner’s ability to act in the patient’s best interest could be influenced by other factors, resulting in malpractice known as a conflict of interest. These factors include legal obligations, financial interests, business interests, or loyalty to friends and family. If a bioethics lawyer proves that the medical practitioner acted based on these factors, serious repercussions could fall on both the practitioner and the medical institution.
4. Bioethics Lawyers Provide Data Evaluation Services
Confidentiality is a fundamental right for every patient and is enshrined in every country’s National Health Act. Every health practitioner and the local medical insurance company must adhere to these laws. What does a bioethics lawyer do in case of a privacy violation?
What does a bioethics lawyer do as your legal representative? A bioethics lawyer evaluates the extent of the leaked data in contrast to the agreement binding the involved parties. The analysis provides ground for compensation or a lawsuit if no mutual agreement is met.
However, there are allowed circumstances under which medical practitioners are allowed to disclose patients’ medical reports;
- If the condition is a notifiable disease.
- If there is a sufficient risk to the general public
Cyber hacks can also leak confidential medical records without the consent of both the patient and the medical practitioners. What does a bioethics lawyer do to salvage such a situation? A bioethics lawyer evaluates the leaked data and conducts an analysis as proof that the practitioners had nothing to do with the leakage.
There is a very thin line between what can be defined and what can be justified as medical malpractice. It is also difficult to tell what will and won’t benefit you when applying for insurance policies. The bottom line is to opt for a bioethics lawyer when dealing with modern medical advances. Their recommendations are substantial in ensuring you get the best out of medical advancements.