Ethical dilemma in emergency care for uninsured Mexican immigrant

¶ … Alternative Course of Action in Healthcare Organization

In the healthcare environment, ethics are the morals, social values, and principles guiding the decent, good behaviors. Typically, ethical values direct people's conducts in their daily activities. Since healthcare professionals based their decisions on legal and ethical issues, it is critical to understand the professional code of ethics, and ethical principles when facing dilemmas. The case of Mexican immigrant having the traumatic brain injury from a major automobile accident and rushed to the emergency ICU (intensive care unit) is one of the examples of the ethical dilemma that healthcare professionals face in their professional practice. Since the man is not a U.S. citizen, not covered by the health insurance, and the healthcare system will not reimburse the hospital for the services rendered to the patient, a healthcare organization may face a dilemma when making a decision about the man's case.

The objective of this study is to discuss the ethical dilemma facing the hospital with regard healthcare services rendered to the Mexican man.

Risks involved if Healthcare System Fails to Provide Care

The hospital faces both legal and financial risks if they refuse to provide the care to the man. In the United States, every hospital and other healthcare settings are to provide essential medical treatment for any patient in case of emergency even without an insurance coverage. The "Emergency Medical Treatment and Active Labor Act (EMTALA)" (Berg, 2015 p 1) stipulates that all hospitals and other healthcare settings covered by the Medicare payments should offer emergency treatments for any patient in a critical health condition.

Since almost hospitals in the United States have accepted the Medicare payments and have an emergency department, this shows that nearly all hospitals are covered by the EMTALA. Thus, the hospital will break the EMTALA law if they refuse to offer emergency treatment to the Mexican man with the head injury. Typically, the EMTALA covers patients in a critical condition no matter his or her nationality or visa status. Anybody can walk into any hospital and demand for the emergency treatment if his or her health condition is critical. If the hospital refuses to offer the emergency treatment for the patient, they will break the EMATALA law.

The fine and penalties levied on any hospital-denying patients in a critical condition the treatment include fines of $50,000 or more. However, if a hospital with less than 100 beds violates the EMATALA law, the maximum fine is $25,000. Moreover, the federal government can break the Medicare agreement that has with the hospital. Moreover, the hospital many face a legal consequence for refusing to offer a treatment for the patient. It is essential to realize that if a denial of treatment has led to further injury or illness, the patient can recover the damages similar to the malpractice claim. The patient may claim the damages from the injury, which may make the hospital pay money that may reach thousands or millions of dollars.

Additionally, the hospital may receive a negative publicity from the press or public if they refuse the treatment for the Mexican man, which may make the hospital having a bad reputation. By consequence, it may lead to a loss of customer and revenue for the fiscal year.

Recommendation

The best cost of action is to offer the first aid treatment to the man and arrange in transferring him to a volunteer hospital that cares for the people in an emergency. Although, the service may be substandard, nevertheless, the man will still receive the healthcare service that will make his health condition be better. As Corning, (2005) points out, every patient should be treated with respect and dignity.

Healthcare professionals should "have respect for the dignity, and human rights of every patient. One must acknowledge that the need for health care is universal, regardless of any individual differences. One must establish relationships and deliver quality health care with respect for human needs and values, and without prejudice." (Corning, 2005 p 10).

The rationale for this action is that the hospital has implemented the right ethical standard that any reputable healthcare organization should do in this type of critical condition.

Reference

Berg, D. (2015). Can an Uninsured Patient Be Denied Emergency Treatment?. All Law.

Trotochaud, K. (2006). Ethical Issues and Access to Healthcare. Journal of Infusion Nursing.29 (3):165-170.

Corning, H.S. (2005). Ethical Issues Facing Healthcare Professionals. Educational Consulting Services, Inc.