Final answer:
To avoid tortious acts in healthcare, professionals must adhere to ethical principles such as nonmaleficence, ensure proper handling of health records, balance healthcare incentives to reduce moral hazard with HMOs, be wary of flawed procedures and equipment, and understand legal implications of the ACA, Medicare, and Medicaid.
Step-by-step explanation:
To avoid committing a tortious act in healthcare, it is crucial to adhere to the highest professional standards and apply key ethical principles such as nonmaleficence, which dictates that healthcare professionals should avoid actions that can harm patients. This includes not only physical harm but also potential violations of privacy when it comes to handling health records and sensitive information. Key considerations should address the balancing of treatment costs, patient quality of life, and individual privacy risks. Additionally, ensuring that healthcare delivery models like Health Maintenance Organizations (HMOs) and fee-for-service are structured in ways that incentivize providers to deliver the necessary level of care without over-provisioning is paramount to reducing moral hazard in healthcare.
To further prevent tortious acts, healthcare providers must be critical of following potentially flawed procedures and weigh the legal and ethical liabilities that could arise from using defective medical equipment or failing to maintain such equipment. The decision-making in care should involve an understanding of various perspectives and an informed, collective approach to resolving ethical conflicts. Adhering to ethical principles such as autonomy, beneficence, justice, and care ethics, while being informed about regulations under the Patient Protection and Affordable Care Act (ACA or Obamacare), Medicare, and Medicaid, can also play a significant role in preventing tortious conduct.