Kansas and Missouri Professional Licensing Attorney Discusses Intersection Of Video Surveillance And A Patient’s Right To Privacy

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In Kansas and Missouri, video surveillance is more pervasive than ever. Surveillance cameras were once only found in convenience stores and retail outlets as a means to curtail robbery and shoplifting. With the advent of less expensive yet highly sophisticated surveillance equipment, you should expect to be captured by the eye-in-the-sky. Video monitoring can be found in places in which you would not expect surveillance such as doctors’ offices, dentists’ offices, and therapists’ offices. Conducting surveillance of the movements of patients in a setting in which the right to privacy is sacrosanct at first blush seems to be the ultimate invasion of privacy. However, the health care provider need not sit idly by if unscrupulous employees or patients plunder their business and may take steps to prevent or record criminal behavior. If you are a healthcare provider in Kansas or Missouri, professional licensing attorney Danielle Sanger can guide you toward creating a safe environment which does not compromise the privacy of your patients while maintaining the security of your business.

The electorate in Kansas and Missouri enacted similar criminal statutes prohibiting invasion of a person’s privacy through electronic means by capturing audio, or photographic depictions of a person in a place in which the person would believe is private. A criminal invasion of privacy in either state by capturing a person’s likeness involves filming someone in a state of undress or in such a manner as to see through clothing or under it. The statutes focus on prohibiting recording people unwittingly. These laws do not prevent recording people with their consent or in areas in which they do not reasonably expect absolute privacy. Consequently, a surveillance camera in the examination room that captures a person undressing or in a state of undress would violate the statute and be grounds for criminal prosecution. In 2011, a Long Island, NY physician faced criminal charges for installing cameras in exam rooms. The cameras captured the doctor sexually assaulting his female patients. Such behavior is quite obviously criminal and violative of any ethical rule.

Recording common hallways, cash registers, checkouts, medicine cabinets and the like would not be cause for criminal sanction under the current statutory scheme in either jurisdiction. The more probing question is whether doing so violates patients’ rights to privacy, amounting to an ethics violation.  The short answer is: it depends on the circumstances on how the cameras and the recorded information is used, bearing in mind the obligation to prevent unauthorized access to recorded materials.

Medical and mental health practitioners understand that the duty to maintain the privacy of their patients is sacrosanct.  The healthcare professional may face ethical sanctions for a violation of privacy. Additionally, the healthcare professional may suffer ethical penalties for committing unprofessional behavior or acts that call into question whether the public may trust the healthcare provider. Consequently, any covert recordings that compromise a patient’s rights to privacy may amount to an ethical violation. Hypothetically, if a physician’s surveillance system captured a patient’s medical records, the physician could be in danger of facing an ethics inquiry because the patient has a right to privacy in the information contained within those records. Further complicating matters is the question of storage and surveillance video maintenance. The healthcare provider must maintain the video records in a manner that does not disclose private patient information. Consequently, healthcare providers must guard against illegal access to electronic video files.

Consult With An Experienced Professional Licensing Attorney Before Installing Surveillance Cameras In Your Office

In most instances, maintaining surveillance cameras in a healthcare providers’ office will not create an ethical violation, especially if the providers conspicuously posts a notice of surveillance in common areas. Do not act before having all of your questions resolved. Kansas and Missouri Professional Licensing Attorney Danielle Sanger possesses vast experience in representing healthcare professionals. Call Attorney Sanger today at 785-979-4353 to schedule a consultation to learn how you can ethically protect your business assets.

Kansas and Missouri Professional Licensing Attorney Examines The Intersection Of Architecture And Ethical Responsibilities

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Kansas And Missouri Professional Licensing Attorney Reminds Radiologists Of Their Ethical Obligations When Testifying

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Professionals from all walks of life can lend their expertise to the judicial system as an expert witness. In Kansas and Missouri, as well as in other courts across the country, courts allow experts to give evidence about matters of which they have superior knowledge that the average person, i.e. juror. The expert must be qualified to give an opinion based upon their academic study and practical training. In fact, anyone can be an expert witness and the expert witness responsibility is to educate the jury or judge about a topic.  To prove that point “Mona Lisa Vito” from the comedy My Cousin Vinny comes immediately to mind. Ms. Vito, however, was not bound by ethical rules as are professional licensees. The failure to adhere to the ethical standards of a profession when testifying is cause for professional discipline. Great care must be given, therefore, to the rules when testifying. If you must contact a professional licensing attorney if you are facing professional discipline based on testimony, you have given in court.

The American College of Radiologists (ACR) is a professional organization to which licensed radiologists belong. The ACR published the ethical rules a radiologist must follow when performing her duties. The ACR also promulgated ethical considerations for radiologists when testifying as an expert witness. The radiologist expert witness must review these rules before testifying. It is advisable that the radiologist digests these rules soon after they have been retained to testify. Learning the rules early in the process will avoid ethical questions during the discovery phase of the case, such as a deposition or during the trial itself.

Testifying requires bearing in mind several considerations the ACR believes is necessary to uphold the ethical standards of the profession. Even though the expert witness is retained by one of the parties to a case, the ACR requires the radiologist to remain fair and impartial at all times. The ACR stated its desire to have unbiased witnesses testify. Impartial witnesses lend instant credibility to the expert’s opinion. Additionally, the radiologist must be familiar with the standard of care in the community, if the case involves medical liability, such as in a malpractice case.  Additionally, the expert must review all of the necessary materials to be well educated on the subject matter which is the topic of the testimony. The radiologist should review all original copies of images to be certain that the image is the highest quality available. If not, the radiologist must review clean and clear copies of the original.

One of the duties of an expert witness is to provide an opinion and be fully prepared to defend their position.  Consequently, the ACR demands that the expert must make certain the opinion is scientifically valid. Additionally, the opinion must be one that is capable of peer review and has been tested. Most importantly, the radiologist must correctly apply the scientific theory correctly to the facts of the case.  The expert has an obligation to testify about his or her limitations on their personal knowledge as well as the general acceptance in the medical community of her opinion.

Compensation of the expert is always a live issue. Compensation must be reasonable and reflect the time and effort put into the case. Testifying on a contingent basis, i.e. getting paid only if the party who retained the expert is successful is unequivocally unethical.  ACR members must also be aware that peers may review their testimony from the ACR.

A Professional Licensing Attorney Understands The Role Of An Expert Witness

Kansas and Missouri Professional Licensing Attorney Danielle Sanger is dedicated to defending you if you face professional discipline. You should contact Attorney Sanger immediately if you received notice that you face professional discipline. Call Attorney Sanger today at 785-979-4353 to schedule a consultation.

Kansas And Missouri Professional Licensing Attorney Discuss The Opioid Crisis In Dentistry

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The American Dental Association (ADA) takes an active role in bringing awareness to its members about treating dental pain with prescription painkillers. The ADA recently discussed dentists’ responsibility to uncover drug-seeking behavior as well as emerging trends on how to handle patients with a sensitivity to or a history of opioid addiction.  The failure to adequately address the potential for opioid addiction has the potential to create an ethical dilemma for the practitioner.  If you are a dentist encountering professional discipline in Kansas or Missouri for prescribing narcotics to patients, then you need to contact a seasoned professional licensing attorney to fight for you.

The ADA concisely set forth the role of the dental professional relative to pain management and the potential for addiction. Access to leftover causes a significant portion of the opioid epidemic or unused prescriptions are falling into the wrong hands. The ADA warns its members to avoid prescribing painkillers for a period longer than necessary. For instance, the ADA indicated that dentists should prescribe painkillers for 2 to 3 days after implant surgery. If possible, the precise dosage should be given. Studies have proved that some flexibility is required with the prescription dosages because some patients genuinely need the medicine, twenty-four percent (24%) of patients reported that they continued to take the painkillers for more than ten days after the surgery.

Overprescription is a problem as well. Some patients, as stated above, experience excessive pain and require a longer course of pain medication. Notwithstanding, prolonged pain is indicative of an underlying medical problem such as an infection. Infections can be treated with antibiotics and once alleviated; the pain should subside. Consequently, the patient no longer needs the painkiller. The ADA considers good dental practice to be one in which the dentist prescribes a short course of painkillers and carefully examines the patient and evaluates the need to prolong the course once the prescription has ended.

The ADA considers dentists to be in a unique position in their patients’ lives to assess drug abuse. Dentists should evaluate their patients’ behavior and determine whether the patient is actively seeking drugs. The dentist can educate their patient and help that person obtain necessary services to combat any addiction problem.  To that end, the ADA encourages its members to engage in a discourse designed to discuss the patient’s substance abuse history.  The ADA is advocating for dentists to receive remuneration for this service. Currently, dentists cannot bill for these interludes because they are not part of the dental hygiene regimen.  A recent survey showed that twenty-three percent of patients reported a history of substance abuse when screened during a visit. Practitioners then had the chance to refer their patients to other health care providers. The study proves that early intervention can prevent continued opioid dependence.

The ADA takes an unequivocal stance on drug seeking behavior. The ADA has opined that a dentist violates the dental code of conduct by prescribing opioid-based medication to an addicted patient. Additionally, the dentist has an ethical obligation to discuss the dentist’s suspicion of drug abuse and offer referrals for treatment. The ADA suggests that the dentist should be delicate when addressing this issue with their patient. Also, the ADA encourages its members to elicit help from their staff in identifying drug addicted patients. The ADA recognized that patients sometimes open up to staff more readily that to the dentist. Accordingly, the staff is in a unique position to inform the dentist of what they learned and determine the appropriate course of action.

Beware of the signs of addiction

If you or a member of your staff are facing professional discipline in Kansas or Missouri from prescribing painkillers, you need an experienced and dedicated professional licensing attorney to fight for you. Call Missouri Professional Licensing Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation. Attorney Sanger has dedicated her professional life to protecting yours.

Kansas Professional Licensing Attorney Explains The Use Of An Emergency Order Of Suspension

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On November 4, 2016, the Board of Healing Arts of the State of Kansas (the “Board”) took an extraordinary measure when filing a complaint against a Doctor of Osteopathy licensed in Kansas seeking suspension of the physician’s license to practice medicine. In addition to filing the complaint, the Board filed an ex parte motion to suspend the medical practitioner’s license without a hearing immediately. The Board infrequently exercises this emergency power but did so in this case successfully. The officer presiding over the issue for the Board ordered the doctor’s license immediately suspended and ordered the doctor to stop practicing medicine forthwith pending a final determination on the merits of the case. You must contact an experienced Kansas professional licensing attorney if you are the subject of any complaint before the Board of Healing Arts as soon as possible to commence the defense of your livelihood.

In the practice of law, ex parte refers to only one party presenting its case to a judicial officer without notice to the opposition and an opportunity to be heard by the judicial officer. Ex parte motions are not the norm. Rather, they are used in rare circumstances and only in emergency situations. The rulings made by the judicial officer pursuant to an ex parte order are temporary and preserve the status quo or put an end to a potentially hazardous situation until such time as the parties can schedule an evidentiary hearing on the issue to be litigated.

The subject of the ex parte order must be served with the order, which is effective immediately upon issuance. In addition to the order, the licensee must receive a notice of rights. The notice of rights informs the subject of the decree to the statutory right of appeal to a district court judge. Time is limited. The aggrieved party has 30 days in which to file a petition for review of an ex parte order.

In the November 4, 2016, decision by the judicial officer from the Board, the decision on ex parte order was redacted. Therefore, every factual allegation cannot be disclosed at this time. Notwithstanding, the decision does inform the reader that the physician was the subject of a consent order from a previous petition for discipline heard by the Board. The licensee, ostensibly, failed to adhere to the terms of the consent decree. At the time the second petition for discipline was filed, the physician continued to practice medicine actively.

The decision references statutory and regulatory authority for making its order. The judicial officer acknowledged the authority of the licensing authority to file its ex parte motion under a state statute and regulation. Kansas law permits the licensing authority to petition the Board to take temporary disciplinary action for unprofessional behavior that has endangered or is likely to endanger the lives and safety of others as defined in the state regulations. The Board may issue temporary relief if the Board finds cause to believe that grounds exist for disciplinary action and the “continued practice will cause an imminent danger to public health and safety.”

The presiding officer of the Board hearing the ex parte motion ruled in the Board’s favor. The presiding officer found that continued practice of osteopathic medicine by the doctor endangers the public safety and therefore suspended the license.

Do Not Delay If You Are Served With Temporary Orders

If you face professional discipline in Kansas,  and the Board filed an ex parte orders against you, do not delay. You must respond immediately. You need an experienced and dedicated professional licensing attorney to fight for you. Call Kansas Professional Licensing Attorney Danielle Sanger today at 785-979-4353 and inform Attorney Sanger about your emergent need because your license was suspended.

Missouri Professional Licensing Attorney Summarizes Notable Disciplinary Actions For Missouri Social Workers

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In Missouri, the Committee for Social Workers (the Committee) regulates the social worker profession. The Committee is a state agency that falls under the authority of the Missouri Division of Professional Registration. The Committee is responsible for issuing licenses to practice social work. Additionally, the Committee is charged with the duty of investigation ethical violations allegedly committed by social workers, similar to other professional licensing boards in the state. Licensed social workers practicing in Missouri should be aware of the Committee’s authority and should be aware of the recent disciplinary decisions issued as a result of the Committee’s investigations.

To this point in 2016, the Committee resolved approximately thirteen investigatory matters by way of agreement or a full hearing and disciplinary ruling by the Committee.  In one case, the social worker provided counseling services for two minor children. The social worker commenced a romantic relationship with the children’s mother while the social worker provided counseling services. The social worker stipulated that his conduct violated Missouri’s ethical standards by violating the public trust, exploiting clients for personal gain, and engaging in behavior that rendered him impartial to his clients’ best interests. The social worker agreed to a five-year probationary period, submit to a psychiatric evaluation, and find a social worker to supervise his practice. The disciplinary action did not end with the stipulation of sanction. The Committee ruled that the social worker violated the terms of his probationary period by failing to obtain the services of a supervisory social worker. Consequently, the Committee suspended the social worker’s licensed for a term of three years or until such time as he could obtain an appropriate supervisor. Thereafter, the social worker’s license is subject to a five-year probationary period once adequate supervision is in place.

In another 2016 decision, the Committee ruled on an application to become a licensed master social worker in Missouri by a master social worker already licensed in Kansas. The applicant answered truthfully whether she was arrested. The candidate revealed that a Kansas court convicted her of theft in 2015. The Committee, instead of denying the application, ruled that she be admitted to practice in Missouri subject to a two-year probationary period. The master social worker can only practice in Missouri during that probationary period if she has adequate supervision by another master social worker admitted in Missouri.

The Committee and a licensee reached an agreement as to disciplinary action in an investigation in which the licensee failed to attend continuing education classes. Also, the licensee failed to retain records evidencing her attendance at the continuing education. The Committee took exception to the fact that the social worker misrepresented satisfying her educational requirements. The social worker and licensee agreed that she would be placed on probation for one year and provide evidence that she attended the educational courses.

Two additional agreed-upon resolutions yielded vastly different results. In one case, the Committee agreed to dismiss its complaint against the licensee, resulting in no disciplinary action against the licensee. In another instance, the licensee practiced social work without a valid license for four years. The parties agreed that the social worker should surrender her license and agree not to practice social work or apply for a license in Missouri, instead of facing additional discipline.  In another decision in 2016, the Committee did revoke the license of a social worker who defaulted at the disciplinary hearing.

Get Immediate Help If You Are A Social Worker Facing Disciplinary Action

If you are a social worker facing professional discipline in Kansas or Missouri, you need an experienced and dedicated professional licensing attorney to fight for you. Call Missouri Professional Licensing Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation. Attorney Sanger has vast experience fighting for professional licensees. Do not trust your future to anyone else.

 

Kansas Professional Licensing Attorney Reviews Recent Court Opinion Issued In Jernigan v. State of Kansas

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On September 9, 2016, the Court of Appeals for Kansas issued its ruling in the case of Jernigan v. State of Kansas. The decision is important to healthcare practitioners in Kansas because this case afforded the Court of Appeals an opportunity to review the 2015 amendments to K.S.A. 65-2839a(b)(1) and (3). These sections govern licensees’ rights to an administrative and judicial review of the Kansas Board of Healing Arts’ (the “Board”) subpoena power. The Jernigan court discussed whether the amendment was constitutional and whether the amendment had retroactive effect. The Court of Appeals then turned to the merits of the case. The panel also discussed the authority of the Board and its power to issue subpoenas for records.

David Jernigan, D.C. is the primary owner and healthcare provider at a chiropractic care center in Kansas. Dr. Jernigan fashioned his practice to include traditional methods of chiropractic care complimented with holistic methods as well. The Board received complaints from an individual claiming that Dr. Jernigan fraudulently provided therapeutic services from which his patients derived no clinical benefit.  Accordingly, the Board issued a subpoena to Dr. Jernigan compelling the production of five (5) patients’ records in furtherance of an investigation in Dr. Jernigan’s practice. Dr. Jernigan filed a motion to quash in the district court without first filing an objection with the Board or otherwise exhausting his administrative remedies.

The Court of Appeals reviewed the amendment to K.S.A 65-2839a(b)(3). The amended statute requires a person aggrieved by a subpoena to petition the district court for relief only after exhausting all administrative remedies. The amendment took effect while the case was pending in the courts. The Court of Appeals, noting that the amendment was procedural in nature and therefore would apply retroactively under Kansas law, stated that the new law required Dr. Jernigan to appeal to the Board first. Jernigan did not do that. However, because the person to whom the Board issued the subpoena has only five (5) days to file an objection or motion to quash with the Board, applying that time to Dr. Jernigan would deprive him of a valuable right.

The Court of Appeals took the opportunity to analyze whether the amendment survived constitutional scrutiny. The panel found that it did. The Court of Appeals held that the amendment provides an opportunity to seek redress for a wrongfully issued subpoena. The Court did, however, note that the five (5) day window of opportunity to file an appeal was very narrow, leaving open the possibility that a court may revisit the issue at another time.

The Court of Appeals undertook a determination of the case upon its merits. The Court of Appeals ultimately ruled that the case must be remanded to the district court for further findings. Before doing so, the Court of Appeals reviewed the Board’s authority.  The panel reiterated that the practice of medicine in Kansas (and elsewhere) is a privilege and not a right and the Board exists to protect the public from incompetent, unscrupulous, or unethical healthcare providers.  Accordingly, the Board enjoys the authority to take disciplinary action upon a medical license after an investigation if warranted by the inquiry. Consequently, the Board possesses the power to issue subpoenas it believes will advance their statutorily imposed obligation to investigate the unethical practice of medicine.  The Court of Appeals cautioned that the Board’s authority is not unfettered.  Subpoenas may lawfully issue when Board is making an inquiry it is authorized to make when the demand for production is not indefinite, and the information sought is relevant to the investigation at hand. The Court of Appeals sent the case back to the district court to make factual findings consistent with its opinion.

Do Not Delay Seeking Legal Assistance When Served With A Subpoena In Kansas

As discussed above, time is of the essence. If you were served with a subpoena to produce records, call Kansas and Missouri Professional Licensing Attorney Danielle Sanger. Rely on her vast experience and sterling reputation to protect your livelihood. Call 785-979-4353 to schedule a consultation with Attorney Sanger today.

Kansas and Missouri Professional Licensing Attorney Discusses How Medical Professionals Can Protect Themselves Against Allegations Of Misconduct

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Allegations of misconduct in the medical profession are never easy to refute. Even if you rebut the allegations thoroughly, the stigma of the claims remain, at least for a little while. Unless one completely disproves the allegations of misconduct, then there will always be a question. As a medical professional, you do not want your employers doubting you, your patients doubting you, or your co-workers questioning you. Take affirmative steps to reduce or even eliminate the chance that someone will accuse you of wrongdoing.

A medical professional has an obligation to act competently at all times. In other words, a nurse, for instance, is competent when the nurse’s conduct meets the standard of care for nurses. Failing to satisfy that level of care is malpractice. Protect yourself against claims of negligence. Obtain physicians’ signatures for every order they make, if feasible. That reduces the chance of miscommunication leading to administering incorrect dosages or subjecting patients to unintended procedures.  Also, be sure to explain the informed consent forms to your patients thoroughly. Failure to explain the informed consent form correctly, accurately and promptly, is malpractice. Getting the patient’s signature, if the patient is competent, ensures that the patient understands the procedure in question and knows the risks of the procedure.

Thorough and complete documentation will also protect against allegations of malpractice. Nurses and other medical personnel must closely and accurately document all of the medical procedures taken, vital signs, medications administered, and other modalities applied. Otherwise, questions could arise as to the treatments given to the patient. Nurses’ notes exist so that you create a history of your patient’s treatment. Also, your notes help you recall what action you took, at what time, and under what circumstances. Good nurses’ notes not only help you remember what you did but why.

Nurses are mandatory reporters of abuse and neglect. Failure or refusal to report physical abuse, mental abuse, or sexual assault of a patient is not only an ethical violation, but it might also be a crime. Do not take unnecessary chances. If you believe your patient is suffering the abuse of any kind, you have an obligation to report it. There are dire consequences if you fail to report the abuse. While you may not desire to cast aspersions on others with whom you work or family members of your patient, you do not have the luxury of turning a blind eye. Make your report promptly and comprehensively.

Medical professional universally have the duty to maintain a patient’s medical information private. There are few exceptions. HIPAA prohibits the unauthorized disclosure of confidential information. Any questions you have related to HIPAA must be referred to your medical director or some other medical professional charged with enforcing HIPAA rules and regulations at your healthcare facility. Nurses usually have direct control over patient charts and records. Therefore, the nurses attending to patients must guard against disclosure of private and confidential information. Unlawful or unauthorized disclosure can lead to civil liability as well as professional discipline.

Nurses and other medical practitioners should use caution when administering medication.  The nurse should question doses if the order does not appear correct. You, as the nurse, are responsible for overdoses.  You must also make sure that you are giving the right medication to the intended patient with the proper timing as well.  Many mistakes and consequently patient injuries could be avoided if nurses took greater care when administering medications.

Be Diligent With Your Obligations

Kansas and Missouri professional licensing attorney Danielle Sanger understands the perils nurses and other medical professionals face every day. If you are the subject of an investigation into wrongdoing which could lead to professional discipline, call Kansas Professional Licensing Defense Attorney Sanger immediately. She has many years of experience vigorously defending the rights and livelihoods of her clients. Call Attorney Sanger today at 785-979-4353 to schedule a consultation.

Kansas Professional Licensing Attorney Advises Nurses How To Avoid Ethical Problems That Could Lead To Licensing Discipline

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Nurses play a critical role in delivering necessary medical care to all patients. We, as consumers of healthcare services, come to expect that our nurse will treat us with empathy, respect, and care. We also expect that our nurses maintain the highest degree of ethical behavior. We do not give it a second thought. However, nurses are human and can make mistakes. Nurses need to take a step back every once and a while and take inventory of who they are and how their nursing practice affects their patients, other healthcare providers, and themselves. Doing so may help you avoid licensing discipline in Kansas and Missouri.

The Kansas Nurses Association recommends that nurses should have a good foundation of nursing ethics to enjoy a long and fruitful career.  The Kansas Nurses Association enumerated five (5) points of emphasis nurses should employ to avoid ethics violations when behavior or possible decisions skirt the boundaries of ethical conduct.  Medical professionals in Kansas and Missouri can benefit from using these tips for maintaining ethical conduct.

One of the suggestions espoused by the Kansas Nurses Association is related to self-knowledge and awareness. They counsel the nurse to know who they are from a personal and professional sense. Reflecting upon their beliefs, standards, and ethics will guide the nurse when making professional ethical decisions.  Self-awareness builds confidence and empowers a nurse to speak out against unethical or questionable medical practices and have the courage to stand up for what the nurse believes.

The second suggestion made by the Nurses Association is related to the first. They recommend not only knowing your ethical beliefs but encourage nurses to live them.  The Kansas Nurses Association suggests that living your beliefs and speaking out for what is right complies with the nurse’s obligation to take care of themselves before they care for others.  Taking care of oneself allows the nurse to meet head-on the daily ethical quandaries they face. But if you do not put yourself in a position to have the skill and courage to know the difference between ethical and unethical behavior then you may not be able to correct unethical medical practices.

The Kansas Nurses Association suggests nurses “go with their gut.” In other words, your instinct will tell you when something is wrong. Intuition is strong; listen to it. Your instinct is usually right.   Acting according to your intuition is different than acting on a hunch. A hunch is a guess. Your instinct is an internal guide that can lead you to make the appropriate decision. However, you should not only rely on your gut. If you have any uncertainty as to the proper course of action, then ask someone. Talk the problem out with a respected colleague or mentor. You may easily arrive at the correct decision by simply talking the problem out.  Rely on your co-workers and superiors to make the best decision.

Keeping in mind the core practice of nursing and the primary tenant of nursing will aid you in the decision-making process. At bottom, nurses’ primary responsibility is to respect life and treat others with dignity. Nurses must respect their patients, co-workers, physicians, and other healthcare professionals. This mandate extends to the nurse and the nurse’s family as well. The Kansas Nurses Association posits that nurses must not disrespect anyone and call out others who may be disrespectful to correct the problem immediately. In the end, ethical nursing starts with respect for life.

Seek Immediate Assistance For Ethical Questions

Kansas and Missouri professional licensing attorney Danielle Sanger counsels nurses who are facing ethical questions to seek competent advice for your ethical issues. Failure to do so could lead to professional discipline. If you find yourself under investigation for unethical behavior or need advice on ethical questions, make an appointment to meet with Attorney Sanger by calling 785-979-4353 today.

Kansas and Missouri Professional Licensing Attorney Discusses Ethics Involving Life-Sustaining Treatment

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Occasionally, physicians are called upon to make a difficult decision whether to administer life-sustaining treatment to a patient.  Physicians have an obligation to preserve life, to respect life, and to do everything in their power to protect the fragility of the human condition. Equally compelling is the patient’s right to make decisions regarding their healthcare. The patient has an absolute right to autonomy in the decisions that affect their health, even if it results in death. The doctor has the duty, however, to render an accurate medical opinion so that the patient can make an informed decision. If the patient’s choice is made because of a misdiagnosis or prognosis, then the doctor makes could face claims of malpractice. Similarly, if the patient’s family and physicians disagree about life-sustaining treatment, the dispute can lead to allegations of misconduct. The doctor may face charges of incompetence before a state board of medical arts as a result of the opinion. Kansas and Missouri professional licensing attorney Danielle Sanger understands the difficulty of the situation and will fight to protect you and your livelihood from adverse licensing consequences.

In the situation wherein the physician and patient disagree about treatment, the physician must defer to the patient or the patient’s healthcare decision maker such as a health care proxy or guardian.  The physician must comply with a court order if one exists. Accordingly, if the patient wishes to receive artificial ventilation, a feeding tube, or forced hydration, then the doctor may do so with the patient’s or the patient’s proxy consent.

The patient’s decision is valid to the extent that the physician’s opinion is correct or accurate. Physicians must give proper medical advice to their patients. The doctor must base an opinion of the current standard of care in the medical community. Additionally, the physician must properly advise the patient of his or her treatment options. Failing that, the doctor has rendered incompetent medical advice and may face discipline before the board of healing arts.

Additional concerns arise when the patient is unable to make a decision regarding the patient’s health care. The family of the patient may wish to see the patient slip away without the obtrusive life-sustaining equipment. The physician, however, sits in a different posture. The physician cannot accede to the family’s wishes. The physician has an obligation to keep the patient alive by all means necessary unless and until a court intervenes and orders a contrary course of action. In that case, the physician may ethically act because the court is making a decision as though the patient was making a choice. Furthermore, the physician can face contempt of court charges for refusing to obey the court’s order and face licensing discipline because being found in contempt may indicate a lack of fitness to practice medicine.

The American Medical Association (AMA) counsels doctors to respect the dignity of the patient’s life, the patient’s right to privacy and their right to autonomy.  The AMA recommends that physicians counsel their patients to execute legally enforceable documents such as advanced directives, health care proxies, and living wills to guide the physician and the patient’s family. Knowing the patient’s preference before the decision must be made will ease the burden on a grieving family who may be too distraught to make an informed decision and the physician who can act in accordance with his or her patient’s wishes.  Treating patients in this manner can avoid needless legal battles after the loved one has passed away.

Physicians Should Seek Legal Advice If They Are Under Investigation For Misconduct

If you receive notice that you are facing discipline before the Kansas Board of Healing Arts or the Missouri Board of Healing Arts resulting from a decision relating to life-sustaining treatment, or any other allegation of unethical conduct, call Kansas and Missouri Professional Licensing Attorney Danielle Sanger immediately. Attorney Sanger has vast experience defending physicians against licensing discipline. Call Attorney Sanger today at 785-979-4353 to discuss your options.