Trendsand Issues Paper
Trendsand Issues Paper
Asnoted by Cannon (2008), being sued is one of the most feared andtraumatic event of an allied health professional. Having theknowledge of the necessary components of professional negligenceassists when dealing with complicated case grievances. Risks occurwhen dealing with patients and tiny mistakes can cause big problemsif not dealt with. Something wrong may happen while performing yourduties. Malpractice is professional misconduct of any nature,irrational skill deficiency or immoral or unlawful conduct.Malpractice is another form of professional negligence. Negligenceand malpractice can take place by omitting crucial act pluscommission of a reckless act (Cannon, 2008). A particular risk leveloccurs with any allied health professional, which can result in largeamount of money being needed. Any error which can result in propertyloss or personal injury can prove to be quite expensive if the alliedprofessional worker has not planned their risk management well.
Howeverin order for any professional to be held liable for misconduct, thereare five basics of liability which must be there. Establishment ofstandard of care defining the value of care to be provided, whenthere is violation of duty, prior written contract, unmaintainedprofessional standards and failure to stick to the standardsstipulated. Avoiding misconduct allegation is important. To reducethese risks of being prosecuted, an allied professional can do thefollowing Practice within the given professional standards,recognize and devote oneself to follow the guidelines and measures,continued attendance of education classes and obtaining professionalliability insurance (Cannon, 2008). If a professional becomes avictim of such claims they would want to be represented byexperienced attorneys who also understand their professionaldoctrines.
Insuranceof professional liability is important in the sense that it assistsone to strategize the management of risk in advanced. The strategiesinclude, acquiring an insurance plan where a professional transferssome of their risks, recognizing and taking note of possible risksplus developing ways of preventing rise of problems from the same,not taking risks can be risky however taking minimal risks is goodsince it preserves possible achievements, note that risks nottransferred are retained. Dissatisfaction of persons you work forwill always be there regardless of how well you perform your duties.These dissatisfied clients or patients could file allegations againstyou, it is therefore good to have professional liability insurance.If not, as a practitioner one is liable to pay for the allegationswhich can be quite expensive without these insurance. Negligenceduring performing specialized duties is one of the leading grievancesbrought about by clients. They seek out the sustained damagesresulting from failure of services rendered to them according to thestipulated standards in a professional’s area. Legal defense aswell as settlements can be quite expensive and damaging makinginsurance for professional liability the only best option. There isalso an importance of recognizing those liabilities that theinsurance may fail to cover. Some of the common omissions aredishonest acts like frauds, unfair practices of trade, failure to payfees.
Professional relationships should be honest. This is a famous code among majority practitioners. Honesty includes presentation of professional qualifications, associations, qualifications, ability as well as education. Therefore, they are not supposed to fabricate their ability and qualifications but rather they should declare what they really possess.
Clients’ solicitation. Some clients can be influenced, coerced or manipulated.
Professional behavior is a requirement that is quite essential. Professionals should have personal values and behaviors separated when performing professional duties. Such are facilitation, collaboration, condoning or practice of discrimination of any form which may interfere with their specialized responsibilities.
Practitioner destruction can occur if not properly observed. Legal problems, personal issues, substance abuse, are some of the factors that may affect the ability of a professional to perform their duties. If this happens, one is advised to seek professional help, put an end to their professional duties, adjust their work load or take necessary steps for the protection of their clients. Failure to do so may lead to interference of professional judgment, jeopardizing their clients or poor work performance (Cannon, 2008).
PotentialLiabilities Nationally and Globally
Alliedhealth workers may discover that their principles disagree with thoseof their clients. These disagreements may arise due to factors likecultural and religious beliefs (Cannon, 2008). It is essential forthe practitioner to familiarize themselves with the same. A Muslimand a Christian or a catholic and a protestant may have differentviews regarding a decision. For example a decision regarding use ofcontraceptive may be different when it comes to a catholic client anda protestant client. Catholics do not believe in use ofcontraceptives when it comes to family planning. Disagreementsbetween the practitioners and their health professional may alsoarise for example the issue of orientation of sex (Cannon, 2008).There are those that oppose gay rights and homosexuality due to theirreligious backgrounds or even personal beliefs. Tricky ethicalconclusions regarding the quality of work requirements towards theirclient’s, profession, themselves and their employers are required(Cannon, 2008).
Regulatoryand Accreditation Standards
Almostevery profession has formed codes of ethics that have to be abided bypractitioners. These code of ethics assist in identification ofapplicable thoughts when dealing with specialized responsibilities,ethical doubts or disagreements, enlightening new practitionersregarding profession’s morals, assignments and ethical standards,provision of ethical standards where the public can know theaccountability of the professionals, provision of databases whereother bodies can use to access information regarding unethicalbehaviors (Cannon, 2008).Also,as added by Cannon (2008),ethicalcode address issues like complicated ethical decision, for example,if a third party should know about a confidential report to protectthem from harm, mistakes made by practitioners with ethicalallegations for example careless display of information meant to beconfidential, Misconduct for example fraudulent activities, clientexploitation and violation of boundaries.
Liabilityis prone to occur more if employed by an organization owned andoperated by an international corporation because of the difference inculture and religious beliefs. Therefore, insurance of professionalliability is important in the sense that it assists one to strategizemanagement of risk fully. Client’s dissatisfaction will always bethere regardless of how well you perform your duties and since legaldefense as well as settlements can be quite expensive and damaging.Insurance for professional liability can be the only best optionsince covering up for the charges on your own can prove to be quiteinadequate.
Cannon,TA (2008) Ethicsand Professional Responsibility for Paralegals,Aspen Publishers Online.