Legal Ethics, Patients` Rights with HIV/AIDS

  • Uncategorized


LegalEthics, Patients’ Rights with HIV/AIDS

Legal Ethics, Patients’ Rights with HIV/AIDS

To providehigh-quality and affordable health care services is becomingincreasingly difficult. Due to the complex health care systems,investigation and interpretation of use, health care costs,accessibility, quality, organization, health care services` outcomes,and financing is important to ensuring that the government officials,health care providers, insurers, are consumers are well-informed.

As the lead figure in health care overseeing the USA CommunityHospital`s health care operations, I am required to go throughcompliance reports on the arising issues related to professionalstaff`s ethical conduct, patient reviews registries, and standardizedprocedures that surround the ethical handling of the HIV/AIDSpatients. Intermittently, there are issues in the hospital that havesurfaced over concerns that these patients face ethical treatment anddenial to healthcare services. The paper, therefore, is a plan, whichinvestigates the issues about legal ethics and patients` rights withHIV/AIDS.


According toHendrick (2000), HIV/AIDS patients and any other patient have a rightto proper health care. As the head administrator, I received claimsfrom the patients over the denial of health care services. I firstapproached the health care team working on the respective patients toinquire about the claims. I did not get a convincing answer, whichprompted by go ahead over the matter. Edwards &amp Elwyn (2009)noted that one may seek to initiate a resolution before theinvestigation commence.

First, I willnotify both the complainants (patients) and the recipients (medicalstaff) that I have listened to the patients` claims and that I willstart carrying out the investigation over the claims. Thenotification will include the patients` basis of the claims, asummarized allegations` statement, which my agency already has ajurisdiction and a summarized statement of my agency`s jurisdictionabout the patients` wishes to investigate the health care staffinvolved.

As part of theplan to establish mechanisms to address the patients` denial claims,I will pay close attention to the statement, which will include mynotification over an offer to engage in complex allegations and thatit would require an extensive relief. The offer means the request tobe in possession of initial position statements can be vital indetermining I would approach the health care staff involved. More so,it is because the offer will provide more information about thestaffs` defense. In the process of establishing claims, Chalmers(2008) caution that it is important to determine if it is eitherappropriate or not to inform the health care staff and ask whetherthey would instead engage in a problem-solving mechanism.

Regarding humanresources component and related policies and procedures` review, Iwill approach the whole issue by compiling all the case files relatedto the case, while expecting the internal time frame adheres to theInvestigative Plan (IP). The human resources component, whichincludes witnesses, will depend on the complexity of the whole issue.The basic Investigative Plan will assist to focus on the policies andprocedures to handle the principle issues during the investigationprocess. As part of the procedures and policies about the scenario,the investigative plan will include:

  • Bases and Issues investigation

  • Jurisdiction information

  • Identifying applicable legal theory, and

  • Analytic conclusion of data recorded

UpholdingEthical Conduct in Health Care

The differentstaffing levels could play an important role towards upholdingethical conduct, which include treating patients with utmost dignity.The different staffing levels can do this through some ways. To beginwith, the different staffing levels of health care include doctors,nurse managers, educators, and nursing leaders. According to Pera &ampVan (2005), the implications of different staffing levels in healthcare is the adoption of an authentic and sustainable approach towardsinnovation and change in restoring dignity and ethical conduct inpatients, especially those diagnosed with HIV/AIDS.

Ethical conduct,according to Schüklenk (2001), is a series of supporting rules andprinciples, which govern the interactions and set of expectationsfrom the different staffing levels`. It highlights a set of corevalues, which include integrity, personal responsibility, respect,trustworthiness, stewardship, commitment, passion, and continuousimprovement.

The primary way touphold ethical conduct and dignity towards patients with HIV/AIDS isthe different staffing levels to focus their attention on what theirservices and available resources are needed to establish the kind ofhealthcare environment, which enables a lot of compassion, excellenceand safety in nursing care. Edwards &amp Elwyn (2009) argues that‘dignity` is a state of emotional, physical, and spiritual comfort,in this case, with patients with HIV/AIDS. The different staffinglevels play a pivotal role in their capabilities, make choices, andexercise control by making decisions that are aimed at underpinningtheir patients` care and comfort.

Correct ethicalconduct and dignity are fundamental to quality care. The differentstaffing levels, according to Schüklenk (2001), are a demonstrationof how these patients care and handled with dignity. The process ofcare is conducted in ways, which maintain patients` dignity however,there are places, tasks, and illnesses, which a lot of people may seethem as undignified. The primary way, therefore, is by creatinghealth care atmosphere, which will enable utmost excellence inupholding legal ethics and the rights of patients with HIV/AIDS. Itcan only be done through the establishment of a genuine partnershipbetween the different staffing levels.

APlan for Ethical Treatment of HIV/AIDS Patients in Hospital

As the headadministrator in the USA Community Hospital, I am responsible for thetreatment and care of HIV/AIDS patients. One of my mandates is torelate the initial legal ramifications to the professional healthcare staff in the hospital with respect to the HIV/AIDS patients`treatment. There is a need to formulate a plan before thecommencement of the whole procedure.

To relate anylegal ramification that may arise during the treatment of HIV/AIDSpatients will first involve strict measures towards ensuring thepatients` confidentiality is maintained. To ensure confidentiality,the patient documents will be kept in a safe place only accessible byauthorized health practitioners as is dictated by law. Ethicaltreatment of HIV/AIDS patients, according to Pera &amp Van (2005),involves proper scrutiny of the patients` health status.

Secondly, I goforth with the procedure to indulge my professional staff membersover the need to understand and incorporate ethical principles. Iwould do this by outlining those patients with the same diagnoses, asis the case with the HIV/AIDS patients, should undergo ethicaltreatment the same way as those with different, but less feareddiagnoses. To relate the legal ramification with my profession staff,the plan will also involve making a clear understanding ofexperiences and cultural backgrounds in handling patients with pain.

Hendrick (2000)observed that the plan to relate legal ramification and health careprofessions comes about by the need to emphasize on autonomy. In myplan, the autonomy principle will be included, which will call forthe professional staff to have respect, advocacy, and supportHIV/AIDS patients, for instance, to make decisions for thepossibility of severe ramifications on their health care. Autonomywill ensure the HIV/AIDS patients are made aware of the pertinentinformation concerning the choices they make and the legalramifications that will be drawn from the external pressures,impingements, or controlling influences.

Lastly, I wouldinclude stringent measures that will bring forth legal ramificationsfor any professional staff involved with the negative treatment ofHIV/AIDS patients. To do so, the plan will present a list of possibleconsequences, out of the health care setting, to be faced by thosestaff members. The legal ramifications may include, but not limitedto, test results` confidentiality and the inability to accesstreatment and care for HIV/AIDS patients, which according to Edwards&amp Elwyn (2009), are governed and protected by both the state andfederal laws.

CommunityRelations Plan

Persons withHIV/AIDS can lead healthy lives if proper support and care aregranted. As part of the USA Community Hospital`s community relations,a plan is designed, which could be used to tout the hospital`s uniqueprocedures of serving persons diagnosed with HIV/AIDS. According toEdwards &amp Elwyn (2009), community relations plan should includegoals and objectives, which will accomplish: reduction in HIV/AIDSprevalence, link persons with the disease to ensure they remainhealthy and reduce disparities.

To tout thehospital`s ways of handling persons with HIV/AID, the communityrelations plan to include to make a prioritized hospital`srecommendations for the maintenance of critical surveillance system,increase the capacity, filling the knowledge gaps, and minimizingredundancies. To tout the hospital ways, better identification ofcurrent inflictions of HIV/AIDS incidence. To do this, the currentinflictions will result carrying out research that will help designand target strategies and interventions.

The plan will pushfor the development and implementation of a framework within thehospital`s mandate to ensure the persons with HIV/AIDS have a unifiedagenda. The unified agenda is part of the hospital`s unique way ofensuring it encompasses on the prevention of new re-infections andlinkages. The plan also entails new approaches, which are aimed atmaking sure persons with HIV/AIDS that are served at the USACommunity Hospital are protected from new re-infections. Thesepersons will undergo a well-developed comprehensive communicationplans, both internal and external, to guide them in partnerengagement.

Communityrelations plan will focus on de-stigmatizing persons with HIV/AIDS.According to Chalmers (2008), HIV/AIDS diagnosis through earlytesting accompanied by pre- and post-test counselling is essentialfor stigmatization and psychosocial stabilization. The communityrelations plan will work towards risk reduction as part of acounselling method aimed at de-stigmatizing persons with HIV/AIDS. Aspart of the plan to de-stigmatize these persons, the plan willinclude a prevention counselling that will consist of primarilypretest counselling, post-test counselling, and risk reductioncounselling.


There are severalplans that are aimed at handling HIV/AIDS patients as far as theirlegal ethics, patients` rights, and HIV/AIDS are concerned. Theinvestigation plan, for instance, is meant to ensure the USACommunity Hospital handles its issues about persons with HIV/AIDS.The paper focused on one hospital as part of a case study with theaim of identifying issues related to legal ethics and patients`rights living with the disease. Community relations plan will worktowards proper care and de-stigmatization of persons with HIV/AIDS.


Chalmers, J. (2008).Legal responses to HIV and AIDS. Oxford: Hart.

Edwards, A., &amp Elwyn, G. (2009). Shared decision-making inhealth care: Achieving evidence-based patient choice. Oxford:Oxford University Press.

Hendrick, J. (2000).Law and ethics in nursing and health care. Cheltenham: StanleyThornes.

Pera, S. A., &ampVan, T. S. (2005). Ethics in health care. Lansdowne, SouthAfrica: Juta.

Schüklenk, U.(2001). AIDS: Society, ethics and law. Aldershot: Ashgate.

Close Menu