Core topics: Terminal illness, human experimentation, organ transplant, and malpractice
Extra-class tutor: Teboho Mpholo (Mr.), Cre8Learn Institute
Supports: Botho University Health Information Management programme
Every ethical debate in healthcare comes back to these four principles. You will see ethics committees use these exact words when deciding a difficult case.
| Principle | Meaning | HIM Application |
|---|---|---|
| Autonomy | The patient's right to choose or refuse treatment. | Is the informed consent form signed? Is the patient's advanced directive in the chart? |
| Beneficence | Acting in the best interest of the patient (doing good). | Do the clinical notes justify the treatment provided? |
| Non-maleficence | "First, do no harm." | Were errors documented honestly, or covered up? |
| Justice | Fairness and equality in healthcare distribution. | Are organ transplant waiting lists managed fairly without bias? |
A terminal illness is an incurable disease expected to result in death. Euthanasia (often called "mercy killing") is the act of deliberately ending a life to relieve suffering. It remains illegal in most countries, but ethical debates around it are constant.
| Type | Definition | Example |
|---|---|---|
| Active | Administering a lethal substance to cause death. | A doctor gives a patient a lethal injection. |
| Passive | Withdrawing or withholding life-sustaining treatment, allowing natural death. | Turning off a ventilator or stopping dialysis. |
| Voluntary | The patient explicitly requests it while of sound mind. | A competent adult asks to stop chemotherapy. |
| Involuntary | Ending a patient's life without their consent (usually illegal and considered murder). | Family decides to end life for a competent adult against their wishes. |
HIM professionals do not decide if a patient lives or dies, but they must manage the documents that state the patient's wishes:
Scenario: A patient with terminal cancer is admitted unconscious. The family tells the doctor, "She never wanted to be put on a breathing machine." There is no Living Will or Proxy form in her record. What is the ethical and HIM dilemma here?
Answer: The dilemma is autonomy vs. beneficence. Without a documented Advance Directive, the doctor cannot legally assume the family's verbal statement is the patient's true wish. Ethically, the doctor must act to save the patient (beneficence), but legally, if the family goes to court, the lack of HIM documentation (the missing form) means the hospital has no legal proof of the patient's wishes.
Human experimentation is vital for medical progress (e.g., testing a new vaccine), but history is full of horrific abuses. The Tuskegee Syphilis Study (1932–1972) and Nazi experiments led to strict global regulations.
To be ethical, a patient participating in a study must give **Informed Consent**. This means they must:
Hospitals have an Institutional Review Board (IRB) or Ethics Committee that must approve all research. As an HIM professional:
Scenario: A doctor is testing a new drug for hypertension. He gives the drug to a patient in the clinic and writes in the chart: "Patient agreed verbally to try new drug." Why is this a violation of health ethics and HIM standards?
Answer: Verbal agreement is not sufficient Informed Consent for experimental treatments. There must be a signed, detailed consent form in the record outlining the risks and alternatives. Without the document, the hospital is vulnerable to a lawsuit for medical battery.
Organ transplantation saves lives, but organs are a severely limited resource. Ethics in transplant revolves around **Justice**—how do we decide who gets an organ?
HIM professionals play a crucial role in transplants:
Scenario: A wealthy businessman offers to pay a hospital R500,000 to move him to the top of the kidney transplant waiting list. What ethical principle does this violate, and how does the HIM department's data protect the system?
Answer: It violates the principle of Justice (fairness). HIM protects the system because the waiting list is generated by objective medical data (blood type, tissue matching, severity of illness) stored in the records, not by personal wealth.
Medical negligence occurs when a healthcare professional fails to provide the standard of care that a competent professional would provide, resulting in harm to the patient. When a doctor commits negligence, it is called **malpractice**.
To successfully sue a healthcare provider for malpractice, the patient (plaintiff) must prove all four of these elements in court:
| Element | Meaning | Example |
|---|---|---|
| 1. Duty | The provider had a professional obligation to care for the patient. | The doctor admitted the patient to the hospital. |
| 2. Dereliction (Breach) | The provider failed to meet the standard of care. | The doctor prescribed the wrong dosage of insulin. |
| 3. Direct Cause | The breach directly caused the injury. | The wrong dose caused the patient to go into a coma. |
| 4. Damages | The patient suffered actual harm or financial loss. | The patient has permanent brain damage and heavy medical bills. |
When a lawsuit is filed, lawyers will ask for the medical record. The record is the "silent witness."
Scenario: During a malpractice trial, the court asks for the patient's chart. The HIM clerk realizes that the record is missing the final 3 days of the patient's admission. The hospital lawyer is panicked. What is the likely legal outcome under HIM ethics?
Answer: The court may apply the "presumption of spoliation." If the hospital cannot produce a complete record, the court assumes the missing pages contained evidence of negligence. The incomplete record becomes the greatest weakness for the hospital.
Test your understanding of the ethical and legal principles you have just studied.
What is the difference between Active and Passive Euthanasia?
Answer: Active involves administering a lethal substance to end life. Passive involves withholding or withdrawing life-sustaining treatment and letting the disease take its natural course.
If a patient has a valid DNR (Do Not Resuscitate) order, but it is missing from the front of the chart, and a nurse performs CPR, who is legally protected?
Answer: The nurse is legally protected because they acted to save a life according to the information available in the record. The hospital/HIM department may face liability for failing to ensure the critical DNR form was clearly visible.
A patient is given a new experimental drug. The doctor writes in the chart: "Informed consent obtained." However, there is no signed form. Is this acceptable in a court of law?
Answer: No. A doctor's note saying consent was obtained is not the same as a signed, detailed legal consent form. In court, the patient can easily deny this, and the hospital will struggle to prove otherwise.
List the "4 Ds" required to prove medical malpractice.
Answer: Duty, Dereliction (Breach of Duty), Direct Cause, and Damages.
A physician realizes they accidentally wrote down the wrong medication dosage yesterday. If they ask you (the HIM clerk) to delete yesterday's note and write a new one, what should you do?
Answer: You must refuse. Deleting a note is falsification of a medical record (spoliation). The correct legal procedure is to write an addendum (an addition) to the chart explaining the correction, leaving the original note intact.