BHM 443 -Legal Aspects of Health Care (Module 4-CBT) Essay

BHM 443 -Legal Aspects of Health Care (Module 4-CBT) - Essay Example ness and promptly transfers the responsibility for the patients care to another provider who is willing to act in accordance with the agents direction. 2. Failing to consult a disabled or incapacitated patients surrogate if the surrogate cannot be contacted after the health care provider has made a reasonable effort to do so or if an emergency situation does not provide the health care provider with sufficient time to locate and consult with the surrogate. D. This section does not relieve a health care provider from civil or criminal liability or prevent a provider from being subjected to professional disciplinary action for the providers negligent treatment of a patient if the negligence is unrelated to the providers reliance on a health care directive, directions from a surrogate or the recommendations of an institutional ethics committee pursuant to section 36-3231. For example, Michigan laws prohibit healthcare providers to perform duty under the influence of alcohol or a substance ( Public Act 235) since this results to criminal liability ( cited in Miller, Johnson, Snell and Cummiskey, 2007 ) . A doctor who performs an operation under the influence of alcohol and impairs/injure a patient can be considered an act of gross negligence. In this case, the doctor is criminally liable especially if the patient died under his care. In the first place, it is unethical for a doctor to be under the influence of liquor while doing his duty; moreover, he is negligent when performs an operation under the influence of liquor or substance since this impair one’s ability. The law stipulates alcohol content of .05 or more grams which is not visually detected by the healthcare organization. Besides, the healthcare organization has definitely issued policies and directives about this law and has done its obligation to its employees. Therefore, the doctor is responsible for his behavior. On the other hand, Vicarious liability is legally defined as â€Å" a principal’s