Professional Documents
Culture Documents
Management and
Medico Legal in Healthcare
Summary 51
Key Terms 52
Self-Test 52
References 53
Topic 6 Decision-making 82
6.1 Factors Affecting Decision-making 83
6.2 Decision-making Theories 84
6.3 Decision-making Process 85
6.4 Group Decision-making 86
6.5 Critical Thinking 87
6.5.1 Elements of Critical Thinking 89
6.5.2 Holistic Approach to Critical Thinking 90
6.6 Change and Conflict Resolution 91
6.6.1 The Change Process 93
6.6.2 Conflict 95
INTRODUCTION
NBHS4142 Management and Medico Legal in Healthcare is one of the courses
offered at Open University Malaysia (OUM). This course is worth 2 credit hours
and should be covered over a period of 15 weeks.
COURSE AUDIENCE
This course is designed for students undertaking the Bachelor of Medical and
Health Sciences with Honours. This module aims to impart the essence of
management, leadership and legal issues in the context of healthcare practice.
STUDY SCHEDULE
It is a standard OUM practice that learners accumulate 40 study hours for every
credit hour. As such, for a two credit hour course, you are expected to spend 80
study hours. Table 1 gives an estimation of how the 80 study hours could be
accumulated.
Study
Study Activities
Hours
Briefly go through the course content and participate in initial discussion 3
Study the module 40
Attend tutorial sessions 10
Online participation 12
Revision 12
Assignment(s), Test(s) and Examination(s) 3
TOTAL STUDY HOURS ACCUMULATED 80
6. Consider the types of law and legal issues in relation to healthcare practice.
COURSE SYNOPSIS
This course is divided into eight topics. The synopsis of each topic is presented
below:
Topic 4 introduces care delivery system models. Each healthcare delivery model
has its advantages and disadvantages, none is ideal. Some methods are conducive
to large institutions, while other systems may work best in community settings.
Managers in any organisation must examine their organisational goals, unit
objectives, staff availability and budget when selecting a care delivery model.
Topic 5 emphasises managing care. Expert healthcare providers deal with time
management issues using contingency planning. Planning includes rapidly
assessing patient needs as well as setting and shifting priorities. Expert healthcare
providers learn to anticipate and prevent periods of extreme workload within a
shift. In this module, you will be provided with the knowledge on team healthcare
process, time management for work and personal life.
Topic 7 introduces the aspect of law. The expanded role of professional healthcare
providers has brought about new concerns amongst assistant medical officers and
a heightened awareness of the interactions between legal and ethical issues. This
topic will provide you with an overview of the legal system and specific doctrines
used by the courts to define the legal boundaries for healthcare practices.
Topic 8 introduces you to ethics. Having learnt the types of law and the differences
between various types of law in the previous topic, you will now learn about the
standards of professional conduct set by the Board of Medical Assistant Malaysia.
In this topic, you will learn about the laws that apply to assistant medical officers
as well as the legal issues, professional acts and regulations, employment rules and
ethical principles related to nursing.
Learning Outcomes: This section refers to what you should achieve after you have
completely covered a topic. As you go through each topic, you should frequently
refer to these learning outcomes. By doing this, you can continuously gauge your
understanding of the topic.
Summary: You will find this component at the end of each topic. This component
helps you to recap the whole topic. By going through the summary, you should be
able to gauge your knowledge retention level. Should you find points in the
summary that you do not fully understand, it would be a good idea for you to
revisit the details in the module.
Key Terms: This component can be found at the end of each topic. You should go
through this component to remind yourself of important terms or jargon used
throughout the module. Should you find terms here that you are not able to
explain, you should look for the terms in the module.
References: The References section is where a list of relevant and useful textbooks,
journals, articles, electronic contents or sources can be found. The list can appear
in a few locations such as in the Course Guide (at the References section), at the
end of every topic or at the back of the module. You are encouraged to read or
refer to the suggested sources to obtain the additional information needed and to
enhance your overall understanding of the course.
PRIOR KNOWLEDGE
There are no prerequisites for this course.
ASSESSMENT METHOD
Please refer to myINSPIRE.
REFERENCES
Atchison, T. A. (1990). Turning healthcare leadership around. San Francisco,
CA: Jossey-Bass.
Bennis, W., & Nanus, B. (1985). Leaders: The strategies for taking charge.
New York, NY: Harper & Row.
Wren, D. A. (1979). The evolution of management thought (2nd ed.). New York,
NY: Wiley.
INTRODUCTION
Let us start the first topic by reflecting on the following quote by Bennis and Nanus
(1985) on managers versus leaders (see Figure 1.1):
On the other hand, managers receive their title because of their position in the
organisation. Managers tend to focus their energy and effort on ensuring a smooth
workflow. All professional assistant medical officers are leaders because they
influence others.
Is there a difference between leadership and management? Well, the answer is yes,
there is. The term management implies supervision, control or direction of the unit
or group of employees. Managers plan, organise and coordinate, often directing
individual efforts towards the achievement of a common goal. A manager is in a
position of leadership but he or she may not have leadership qualities.
Managers may have organisational skills, whereas leaders have personality and
charisma. According to Stephen Covey (1989) in his book, The 7 Habits of Highly
Effective People:
Imagine you are in a supervisory role as a head assistant medical officers or a team
leader. A manager definitely needs well-developed management skills to run and
organise a unit or department efficiently. Therefore, leadership qualities can
enhance your ability to manage successfully.
If you are adopting the healthcare process in your clinical practice, you will have
a clearer picture since the management process is similar to the healthcare process.
The five stages in the management process are further explained in the next few
subtopics.
1.1.1 Planning
Let us start this topic by reading a quote from Oliver Wendell Holmes Jr, an
American jurist who served as an Associate Justice of the Supreme Court of the
United States (see Figure 1.3).
Keep in mind that planning must involve managers and employers throughout
the organisation. The important point is that all managers do plan but they should
involve their subordinates in the planning in order to facilitate employee
understanding and commitment.
This simple question should cause assistant medical managers to pause and
consider their role in the budgeting process. This is because managers are always
busy with their daily routine workload that they have little time to plan for the
future or to introduce innovations.
How do we conduct the SWOT analysis? Firstly, take a piece of paper. Then, label
each quadrant of the paper with the four categories mentioned. The appropriate
factors are listed in each quadrant to enable a bird's eye view of the situational
audit. Figure 1.6 shows you an example of the SWOT analysis.
After the situational audit is completed, the management team will proceed to do
the following (Huber, 2006; Roussel, Swansburg & Swansburg, 2006; Sullivan &
Decker, 2005; Yoder-Wise, 2007):
(a) Review the philosophy;
(b) Identify the vision and values;
(c) Write a purpose or mission statement;
(d) Identify organisational goals and objectives;
(e) Plan strategies to accomplish the objectives;
(f) Identify the required resources; and
(g) Determine priorities and accountability while setting the time frame.
You can visit https://goo.gl/EmBjxc to know more about the benefits, pitfalls and
the stages in strategic planning.
ACTIVITY 1.1
Suppose you are the manager of a unit and intend to change the patient
care management system from task-oriented to patient-centred care. How
will you plan this? Discuss your answer in the myINSPIRE online forum.
1.1.2 Organising
What does organising in the healthcare setting mean?
Other functions involve working within the structure of the organisation and
understanding how to use power and authority appropriately.
In addition, organising also involves determining who does what and who reports
to whom. The organising function of management can be viewed as consisting of
three sequential activities:
(a) Breaking tasks into jobs (work specialisation);
(b) Combining jobs to form departments (departmentalisation); and
(c) Delegating authority.
In The Wealth of Nations (published in 1776), Adam Smith cited the advantages
of work specialisation in the manufacture of pins:
„One man draws the wire, another straightens it, a third cuts it, a fourth points
it, a fifth grinds it at the top for receiving the head. Ten men working in this
manner can produce 48,000 pins in a single day but if they had all wrought
separately and independently, each might at best produce 20 pins in a day.‰
1.1.3 Staffing
The profession of an assistant medical officer has existed for more than 230 years
in Malaysia and has undergone many changes and transformations in delivering
services to the public in an effective and efficient manner (DG of Health, 2018).
Various issues and challenges have surfaced but this profession remains as one of
the most important front-line professions in Malaysia. Assistant medical officers
have been involved in delivering prehospital care services and ambulance services
when providing essential medical services.
There are many activities involved in recruiting assistant medical officers. The
management function of staffing (also referred to as human resource management
activities) is shown in Figure 1.7.
How does turnover relate to staffing? Before we answer that, let us first find out
what turnover means.
Turnover is the rate at which employees leave their jobs for reasons other than
death or retirement.
The increase of assistant medical officers is not in line with the increase of the
population in the country. The professionÊs ratio to the population in 2017 was
1: 2,029 (DG of Health, 2018). This has led to the shortage of assistant medical
officers in various fields and programmes under medical or health activities.
Existing staff are also burdened with having to perform additional tasks such as
double-time shifts. This condition affects the quality of the services delivered. As
such, the job description needs to be clear and meets the role in order to recruit
and maintain the right person for the right job. In fact, the shortage of assistant
medical officers is not only an issue in Malaysia but also worldwide.
How does one plan for staffing in response to such manpower shortage? To
answer this question, let us look at Table 1.1 which explains the leadership roles
and management functions associated with preliminary staffing functions.
ACTIVITY 1.2
1. What do you think about the professional development of assistant
medical officers in Malaysia?
1.1.4 Directing
Directing includes several staffing functions. Directing entails human resource
management responsibilities such as:
(a) Motivating;
(b) Managing conflict;
(c) Counselling;
(d) Delegating;
(e) Communicating; and
(f) Facilitating collaboration.
There are many things that can interfere with our ability to delegate. One may be
our need for control. In addition, inability to delegate may be a result of, „If I want
it done correctly, IÊd better do it myself.‰
1.1.5 Controlling
What does control mean in the context of healthcare practice?
For example, at the end of the year, your manager will evaluate you based on your
job performance. He will highlight your achievements while giving guidance to
your career development.
ACTIVITY 1.3
1. You have a staff shortage problem in your ward. As an assistant
medical manager, how would you apply the concept of the
management process to solve the problem?
SELF-CHECK 1.1
There are six key aspects in scientific management. They are as follows:
(i) Machine-like elements of an operation;
(ii) Training of the worker;
(iii) Use of proper tools and equipment;
(iv) Use of incentives; and
(v) Use of time and motion studies to make the work easier.
(v) Use of rules and regulations focus on exacting work processes; and
SELF-CHECK 1.2
1. List the main contributors of scientific management,
bureaucratic theory and administrative principles.
Not only would the assistant medical manager be performing all the stages of
the management process but also each function has its own planning,
implementing and control phases.
Bennis, W., & Nanus, B. (1985). Leaders: The strategies for taking charge. New
York, NY: Harper & Row.
Covey, S. (1989). The 7 habits of highly effective people. New York, NY: Free Press.
Daft, R. L., & Marcic, D. (2001). Understanding management. Fort Worth, TX:
Harcourt College Publishers.
Ong, T. H., & Chua, S. C. (2010). Energy efficiency and carbon trading potential in
Malaysia. Renewable & Sustainable Energy Reviews, 14(7), 2095–103.
Wren, D. A. (1979). The evolution of management thought (2nd ed.). New York,
NY: Wiley.
INTRODUCTION
Were you aware that leadership comes from the motivation for desired responses
and getting work done through others? Leaders focus on the purpose and doing
the right thing. They are future-oriented, challenged by change, able to plan
strategies and facilitate human potential as well as use their knowledge with
regard to power and politics to motivate people to act and to manage conflict.
However, motivating employees is easier said than done! Despite the abundance
of research and theories on motivation, the subject of motivation is not clearly
understood and in many instances, poorly practised. It has been suggested that in
order to understand motivation, you need to understand the whole of human
nature. Obviously, this would be problematic as human nature or human
behaviour can be very simple and yet, at the same time, be very complex too.
I am sure you know the old saying, „You can take a horse to water but you cannot
force it to drink‰, unless, of course, it is thirsty. Similarly with people, they will
behave in a certain manner if they are motivated to do so. In this topic, you will
explore leadership styles and motivation theories and relate them to your
experiences.
So are you ready to start the journey? Let us continue with the lesson.
A leader is a one who leads a group of people to achieve certain objectives that
might have been agreed by the followers but set by the leader or as in a
democratic organisation, the objectives have been derived through discussions
and deliberations by all members of the group including the leader.
A leader plays a major role in ensuring that group objectives are realised. In every
group (even though no leader has been appointed), a leader would naturally
surface amongst the group members.
In a battle, if the leader is killed, the second in command will automatically take
over the leadership. But in situations where all the leaders of the platoon have
died, the person who provides ideas and suggestions for their survival and
well-being is usually accepted by the platoon to be their natural leader. This person
assumes leadership indirectly, not by choice but more so for the sake of his and his
friendsÊ well-being and their survival.
Leadership studies from the 1930s by Kurt Lewin and his colleagues at the Iowa
State University conveyed information about three leadership styles that are still
widely recognised today. The three leadership styles are autocratic, democratic
and laissez-faire leadership (see Table 2.1).
Leadership
Description
Style
Autocratic This style involves centralised decision-making, with the leader
making the decisions and using power to command and control
others. The autocratic style is used by the leader in the following
situations:
(a) The task outcome is relatively simple (such as telling the nursing
student to take the patientÊs temperature);
(b) Most team members would agree with the decision and provide
consensus; and
(c) A decision has to be made promptly.
Democratic It is participatory, with authority often delegated to others. To be
influential, the democratic leader uses expert power and the power
base which is afforded by having close, personal relationships.
In the democratic style, the leader will ask the opinions of the entire
team, but the final decision usually lies with the leader. Alternatively,
there may be mutual decision-making by both team members and the
leader, with everyone having an equal vote. This process encourages
everyone to fully accept the teamÊs decision. This mutual style may
be the most creative because everyone has the opportunity to provide
input and different perspectives into the decision.
Laissez-faire This type of leadership is passive and permissive. Group members
are allowed to make decisions. However, the leader often defers
decision-making. As a result, confusion can arise over the roles of
members in the group.
Lewin and Lippitt (1938) also concluded that autocratic leaders are associated with
high-performing groups, close supervision is necessary and feelings of hostility
are often present. Low productivity and feelings of frustration are associated with
laissez-faire leaders. Therefore, leaders must be carefully selected, as mentioned
by the ex-President of the National Union of Journalists, Norila Mohd Daud (2006):
„⁄..the public had the right to know the progress of any government
programmes since the leaders were elected through the democratic process to
govern the country on behalf of the people.‰
What happens if nurses are not satisfied with the work environment? If nurses are
not satisfied with the work environment, they are less likely to work at the highest
level, more likely to leave the organisation and go elsewhere (Stamps, 1997).
„When we look through the lens towards othersÊ weaknesses, we make othersÊ
strengths irrelevant and their weaknesses more evident.‰
ACTIVITY 2.1
1. In your opinion, who has the characteristics of an effective leader in
our country or in your organisation? Identify what makes that
person an effective leader.
SELF-CHECK 2.1
Develop a comparison table that compares between autocratic,
democratic and laissez-faire leadership styles.
As stated earlier, leadership is a process of influence that involves the leader and
the followers, and their interactions. Followers can be individuals, groups of
people, communities and members of the society in general.
Take note that leadership and management are two different things. Management
is viewed as actions employed to cope with changes while leadership is the effort
to envision and inspire change.
Table 2.2 gives a description of the different perspectives of a leader and how a
leader can influence or modify the behaviour of his or her subordinates.
Perspective Description
Traditional view A leader is one who is in the position of authority, exerting
command and control, using power over subordinates.
As professionals, assistant medical officers function as leaders
when they influence others towards goal achievement.
Formal leadership A person is in the position of authority or in an assigned role
within an organisation that connotes influence, for example, the
head of medical assistant officers.
Informal A person is considered to have emerged as a leader when he or
leadership she is accepted by others and is perceived to have influence.
Characteristic Description
Guiding vision Focuses on a professional and purposeful vision that provides
direction towards the preferred future.
Passion Ability to aspire and align people towards life goals.
Integrity Self-honesty and maturity. These will develop through experience
and growth.
Quality Description
Individual It is exhibited by promoting the growth of others, recognising and
consideration supporting othersÊ needs and feelings as well as giving positive
feedback and recognition.
Charisma It is exhibited by inspiring and motivating others, demonstrating
enthusiasm and communicating in a positive manner.
Intellectual This can be exhibited by creating a questioning environment, acting as
stimulation a mentor and challenging others to grow and learn.
Table 2.5: CoveyÊs Eight Habits of an Effective Leader (Adapted for Assistant Medical Officers)
Habit Description
1. Be proactive Healthcare providers need to set goals and work to achieve them.
They accept their own ability to be „response-able‰ in dealing with
clientsÊ whole human responses with regard to their health
concerns. They believe that, „It is not what happens to us but our
response to what happens to us that hurts us.‰
2. Begin with The assistant medical officer should identify what is really
the end in important and try to do what really matters the most every day.
mind „Management is efficiency in climbing the ladder of success;
leadership determines whether the ladder is leaning against the
right wall.‰
3. Put first The formula for the assistant medical officer who wants to stay
things first focused on the important business of healthcare practice and gives
less energy to the unimportant is to set priorities, organise and
finally perform. The challenge for the assistant medical officer is to
manage time in such a way that most of it is used for urgent
important projects such as health promotion or illness prevention.
4. Think Interdependence is the most mature goal for any relationship. For
win-win or example, a client benefits from being empowered by a professional
no deal nurse who provides informational support. On the other hand, the
nurse benefits by having the interventions validated as well as the
valued sense of presence with the client.
5. Seek first to Empathy is the habit that is reflected in this principle. The ability
understand, to focus on the clientÊs reality to experiences is vital in positive
then to be communication.
understood
6. Value Respect is the characteristic that enables an assistant medical
differences officer to develop this habit. When the assistant medical officer
and bring all respects his clientÊs perspective, the client is likely to feel freer to
perspectives seek possible alternatives.
together
7. Have a This involves consistency in having a regularly planned and
balanced, balanced programme for renewal to prevent weakening of the
systematic body, mechanisation of the mind, exposure of raw emotions and
programme desensitisation of the spirit. Healthcare leadership ability is
for self- enhanced if healthcare providers consistently participate in
renewal activities that renew the four aspects of the self, which are physical,
mental, emotional-social and moral being.
8. Find your Being truly authentic towards oneÊs personal life mission and
own voice helping others find themselves, foster the development of new
and inspire leaders and promote deep satisfaction with life and work.
others to find
theirs
ACTIVITY 2.2
In groups of three, discuss the following questions and post your answers
in the myINSPIRE online forum:
(a) Based on your understanding thus far, what is the difference between
leadership and management? How do you distinguish between the two?
(b) Identify one leadership characteristic which is suitable in your
healthcare practice. Elaborate on your answer.
(c) Can the eight habits of an effective leader by Covey be implemented
in your healthcare practice? Elaborate on your answer.
SELF-CHECK 2.2
1. Describe three leadership styles.
Task Description
Select a mentor A mentor is someone who models behaviour, offers advice and
criticism as well as coaches the novice to develop a personal
leadership style. If you want to be a mentor, you should have the
qualities of a teacher, resourceful person, stimulator and provider of
experience in a day-to-day (healthcare) practice (Earnshaw, 1995).
Where can you find a mentor? Usually, a mentor is someone who is
experienced and has some success in the leadership realm of interest
such as in a clinical setting or in an organisation. The mentor must
agree to work with the novice leader and must have some interest in
the noviceÊs future development.
Lead by An effective leader knows that the most effective and visible way to
example influence people is to lead by example. Desired behaviour can be
modelled. If the goal is to have improved relationships amongst the
followers, the leader must exhibit respect for and patience with his
or her followers. This is because great leaders create civilised work
environments (Kerfoot, 1999). In addition, an effective leader does
not send members to do a job but rather leads them towards a
mutual team goal.
Accept A leader sometimes reacts in strange ways when negative outcomes
responsibility/ occur. Sometimes, the leader seeks to blame others or makes excuses
empowerment for undesirable or unintended outcomes. In accepting responsibility,
the leader needs to know that there is reward in victory and growth
in failure. Remember, no one plans to fail but an effective leader sees
failure as an opportunity to learn and grow so that past failures are
never repeated.
Followers who think that the leader is working to make them look
good will follow eagerly. Followers form a network and a support
base for the leader.
Be willing to Complacency leads to stagnation. Leaders must continually read
grow about new ideas and approaches, experiment with new concepts
and capitalise on a changing world. Continued education
contributes to self-confidence by contributing to skills and
knowledge needed for success (Allen, 1998).
Setting goals that complement the vision will help the aspiring
leader know where to invest time and energy needed to grow into
the desired role.
SELF-CHECK 2.3
Last but not least, here are some tips to become a leader:
(b) Every leader makes mistakes and has made mistakes. Truly inspired leaders
learn from their mistakes and moved forward; and
(c) Get some help. A caring mentor is the best way to develop leadership ability.
The mentor can give you the benefit of experience and will serve as a
resource to give you feedback on actions as well as suggestions for exploring
options.
ACTIVITY 2.3
Answer the following questions and share your thoughts in the
myINSPIRE online forum:
(a) Are people born to be leaders or can leadership be taught and
learned?
(b) How can leaders keep themselves from experiencing burnout?
(c) Is there one best way to lead?
2.2 MOTIVATION
Motivation can be defined as „the act or process of motivating‰ or „the condition
of being motivated‰ (Merriam-Webster, 2018). According to Lussier (1999),
motivation is a process that occurs internally to influence and direct our behaviour
in order to satisfy needs. As for Hughes, Ginnett and Curphy (1999), they see
motivation as being able to influence our choices, direction, intensity and
persistence in our behaviour.
Do you know that motivation is not explicitly demonstrated by people but rather
interpreted from their behaviour? Motivation is a difficult concept to analyse
because many different factors influence that which triggers your behaviour and
more importantly, keeps it going.
You can refer to Anne Bruce's (2002) book, How to Motivate Every
Employee: 24 Proven Tactics to Spark Productivity in the Workplace to
obtain more information on motivation-related productivity at:
https://goo.gl/MsENek.
Last but not least, leaders should remove obstacles because workers have
self-control and self-discipline, and their reward is their work involvement.
Work helps to meet safety and security needs by providing pay, which can
help to provide food, shelter and clothing. Once the lower needs are met,
Maslow believed that humans would strive for self-esteem and
subsequently, self-actualisation. According to Maslow (1943), „Hard work
and total commitment to doing well on the job that you are called to do⁄is
one of the bricks on the road to self-actualisation or being all that you can
be.‰
„You cannot motivate people; you can only influence what theyÊre
motivated to do.‰
Figure 2.3: How organisations motivate their employees according to the hierarchy
of needs theory
Source: Kelly (2003)
When this theory is applied to employees, leaders should be aware that the
need for safety and security (for example, an adequate salary and a
comfortable working environment) will override the opportunity to be
creative and inventive (for example, in promoting a job change).
There are three styles of leadership, namely autocratic, democratic and laissez-
faire.
Leadership is a process of influence that involves the leader, the followers and
their interactions.
There are three characteristics of a leader, namely guiding vision, passion and
integrity.
A. i
B. i, ii
C. i, ii, iii
D. iv
1. Describe the type of leader that you would want to be as an assistant medical
officer in a healthcare organisation. Identify specific behaviours that you
plan to adopt as a leader.
Covey, S. R. (2004). The 8th habit: From effectiveness to greatness. New York,
NY: Free Press.
Earnshaw, G. (1995). Mentorship: The studentsÊ view. Nurse Education Today, 15,
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Herzberg, F. (1972). Work and the nature of man. London, England: Staples Press.
Hughes, R. L., Ginnett, R. C., & Curphy, G. J. (1999). Leadership: Enhancing the
lessons of experience. New York, NY: Irwin/McGraw-Hill.
Lewin, K., & Lippitt, R. (1938). An experimental approach to the study of autocracy
and democracy: A preliminary note. Sociometry, 1, 292300.
McGregor, D. (1960). The human side of enterprise. New York, NY: McGraw-Hill.
Norila Mohd Daud. (2006, May 7). Our laws must keep pace with the times. The
Star Online. Retrieved from https://www.thestar.com.my/opinion/
letters/2006/05/07/our-laws-must-keep-pace-with-the-times/
Ouchi, W. G. (1993). Theory Z: How American business can meet the Japanese
challenge. New York, NY: Avon Books.
INTRODUCTION
Let us start this topic with a quote from a living legend of the American
Academy of Nursing, Marie Manthey (see Figure 3.1).
Do you agree with the statement in Figure 3.1? What is your definition of high
quality healthcare practice? Generally, the ability of an assistant medical officer
to provide safe and effective healthcare to a patient is dependent on the
knowledge, skills or competency level, attitude and experience of the staff, the
severity of the patientÊs illness, the number of patient care time available, the
model of the care delivery system, care management tools and organisational
support.
In this topic, we will explore the factors mentioned, how they affect the planning
for staffing and the results of staffing plans.
Since the medical and healthcare sector is dynamic, the emphasis on duties and
services change according to the suitability of time and condition. Let us look at
Figure 3.2, which demonstrates this situation.
Figure 3.2: An example of dynamic changes in the medical and healthcare sector
Source: Mancini (2018)
Even though the initial approach to healthcare was the health-centric approach,
however, the latest development focuses on the community-centric approach.
Community-centric approach focuses on and develops the role of assistant
medical officer in the curative aspect, rehabilitative and palliative in accordance
with the requirements of the support services.
Surprisingly, very little is known about what leads to assistant medical officer
satisfaction. Many factors are believed to be relevant in keeping assistant medical
officer satisfied. The issue of financial payment is, of course, relevant. A higher
salary at another institution may cause staff to move from one organisation to
another.
Another key reason for the failure to retain healthcare providers is burnout.
Burnout will most likely cause healthcare providers to leave the healthcare
profession completely. Healthcare providers who are suffering from burnout
tend to be less productive, more error-prone, have low morale and accrue a
considerable number of sick days.
The most obvious cause of burnout is shortage of staff. When there are simply
not enough assistant medical officers to get the job done on a given day or week,
the existing staff may be required to take in the extra workload. It is very
common for staff in such instances to undertake double duty. Most staff tend to
be very tired at the end of the shift.
Other factors could be due to fewer opportunities for career development and
financial problems, leading healthcare providers to leave the organisation and
consequently causing even greater stress on those remaining.
Let us pause for a minute. What can be done to reduce burnout? Staff will be
more contented if they believe they have a caring manager who is interested in
their development. A manager should be supportive, fair and perceived to be
using staff time wisely. To some extent, the overall attitude and the support
system of the unit manager and administrators could offset the problems of
burnout.
The cost of coaching new staff is high. Increasing the retention of existing
employees decreases the need for orientation. As the staff remains comfortable in
the same position, he will begin to develop short and long-term professional
goals.
When staff is satisfied with the working environment and job role, they are more
likely to be motivated in their commitment to the organisation. When the staff
becomes a more experienced assistant medical officer, he will be required to
coach new staff, include them in decision-making and help them to become team
players. These will make a significant difference in the turnover rate. The
treatment of staff by seniors as well as superiors, the perception of fairness and
willingness to see each employee as an individual will contribute towards
reducing staff turnover.
As a patient becomes increasingly ill, the acuity level will rise. This means the
patient requires more nursing care.
On the other hand, if a patientÊs acuity level decreases, the patient requires less
nursing care. The criteria reflecting the care needed in bathing, mobilising,
eating, supervision, assessment and observation are based on the 14 activities of
daily living (ADL) as highlighted by Virginia Henderson (Current Nursing,
2017). This idea is then being matched with the latest clinical technology and
caregiver skills variables (Malloch & Conivaloff, 1999).
Table 3.1: Summary of the Types of PCS, and Their Respective Advantages
and Disadvantages
In addition to the two systems, there is a new model of PCS. The model attempts
to move away from tasks to indices that measure the professional components of
nursing care and patient outcome (Malloch & Conivaloff, 1999). The indicators
are measured during each shift by the staff as part of staff assessment.
There are seven domains of patient care needs for nursing intervention in this
new model. These domains are:
(a) Cognitive status;
(b) Self-care ability;
(c) Emotional, social or spiritual well-being;
(d) Family information needs or support status;
(e) Treatments;
(f) Interventions; and
(g) Interdisciplinary coordination and transitions.
As for the patient care outcome, the new model of PCS suggests:
(a) Clinical condition;
(b) Knowledge of the disease or process;
(c) Self-care management; and
(d) Healthy behaviour.
SELF-CHECK 3.1
1. State the factors that lead to assistant medical officer
dissatisfaction.
ACTIVITY 3.1
Patient A just had a heart attack. However, his condition has already
stabilised. Patient B was involved in an accident. He has a broken his
left leg. Assuming you are the assistant medical manager, how would
you determine the allocation of staff for each patient? What are the
criteria that you would consider when making the decision?
3.2 SCHEDULING
Scheduling of staff is the responsibility of the assistant medical officer head or
manager. He must ensure that the schedule places appropriate staff each day and
shift to achieve sufficient and effective patient care. Some issues to consider
when you schedule your staff are shown in Figure 3.5.
ACTIVITY 3.2
To ensure that patient care needs are met, there must be a structure to
the self-scheduling programme. What is your opinion of
self-scheduling? What would be the consequences if you introduce this
system into our local setting? Post your answer in the online
myINSPIRE forum.
SELF-CHECK 3.2
1. State the four scheduling issues.
3.3 EVALUATION
Before we end this topic, let us take a look at evaluation. Providing feedback to
employees regarding their performance is one of the strongest rewards an
organisation can provide. Performance appraisals are individual evaluations of
work performance. Evaluations are usually done annually but may also be
required after a scheduled orientation period for a new employee.
Let us discuss evaluation based on competency and staff development. But first,
what is competency?
The patient classification system (PCS) predicts the nursing time required for
a specific patient or a group of patients.
The two types of PCS are factor system and prototype system.
The new model of PCS attempts to move away from tasks to indices to one
that measures the professional components of nursing care and patient
outcomes.
The number of staff and patients in the staffing pattern determines the
amount of nursing time available for patient care.
The four issues of staff scheduling are the type of patient and acuity, the total
number of patients, the staff experience and the support available to your
staff.
2. The following statements are true about the patient classification system
(PCS) EXCEPT:
A. It is a measurement tool which is used to articulate the nursing
workload for a specific patient over a period of time.
B. It is necessary to determine the patient's needs.
C. It is useful for both individual patientsÊ as well large patient groups.
D. It is a process which is required for the implementation of the
monthly work schedule.
Malloch, K., & Conivaloff, A. (1999). Patient classification systems, part 1. Journal
of Nursing Administration, 29(7/8), 4956.
INTRODUCTION
There are many healthcare delivery models in the healthcare management. Each
healthcare delivery model has its own advantages and disadvantages. No one
model is ideal. Some methods are appropriate for large institutions, whereas
others may work best in a community setting.
As such, managers in any organisations must examine their organisational goals, unit
objectives, staff availability and budget when selecting a care delivery model.
Thus, as a manager in your area, you are responsible for planning and
implementing the model and evaluating its outcomes. Firstly, you must make
sure that you have sufficient staff to execute the model. Secondly, you have to
use reinforcements to engage your staff in the implementation process. Lastly,
continuous monitoring should also be conducted to evaluate their performance.
Let us get to know the various models of care delivery system in this topic.
Happy reading!
These frameworks have been developed as a guide for care delivery models
which seek to integrate and implement population health strategies, components
and processes.
This model can be embedded into a primary care integrated system in various
ways, for example, integrated delivery systems and accountable care
organisations as well as patient-centred medical home practices.
The primary care integrated system can adopt the processes and key components
outlined in the framework to assess its own capabilities and to guide the
development of expanded and integrated care delivery models.
Advantages Disadvantages
The conceptual framework depicts the To a patient, the care provided may
identification, assessment and appear to be disjointed.
stratification of patients. In this model, the patient becomes
The core of the model (central blue box) the sum of the tasks of care required
includes the continuum care as well as rather than holistic care.
patient-centred interventions.
The patient is central in this model. He or
she is surrounded by various overlapping
sources of influence on of his or her
health.
The advantages and disadvantages of this model are listed in Table 4.2.
Advantages Disadvantages
This model requires healthcare Communication in this model can be
providers to assess the state of health, complex as there is shared
followed by risk stratification, the responsibility and accountability,
application of engagement strategies, which can cause confusion and lack of
the ability of multiple communication accountability.
and delivery modalities as well as the
These factors are likely to contribute to
patient-centred interventions across
healthcare providersÊ dissatisfaction
the care continuum.
with this model.
It includes a feedback loop that reflects
This model can also lead to patients
the needs process and quality
feeling isolated and depersonalised.
improvements based on the impact
evaluation.
(c) Monitor results in a continuous feedback loop to facilitate the care team
(documenting the progress of the population); and
(d) Establish new baselines and adjusting care interventions in a continuous
cycle of quality for overall improvement.
What are the advantages and disadvantages of this model? Let us look at
Table 4.3 for the answers.
Advantages Disadvantages
This model offers information that It is high cost because a higher healthcare
will be extremely helpful for the skills mix is involved.
clinicians in their efforts to engage
The person allocating the assignments
with patients through the patient care
needs to be knowledgeable about all the
plan.
patients and staff in order to ensure the
Effective enrolment and engagement appropriate matching of staff to patient.
is important in the healthcare of the
Healthcare provider to patient ratio must
patient population.
be realistic to ensure there is sufficient
healthcare services time available to meet
the care needs of patient.
Take note that this last model focuses on patient needs rather than staff needs. In
this model, the required care and services are brought to the patient. The beauty
of this model is that all patient services are decentralised at the patient area
including the radiology and pharmacy services. Therefore, staffing is based on
patient needs.
In addition, efforts are in place to have the right person perform the proper
service. The care team includes other disciplines that are involved in the
planning of the patient care. Therefore, service providers have to collaborate to
ensure that the patient receives the care needed. The advantages and
disadvantages of this model are listed in Table 4.4.
Advantages Disadvantages
The most convenient model for It can be extremely costly to decentralise
patients as it expedites services to major services in an organisation.
the patients.
Some staff perceive the model as a way to
reduce assistant medical officers as well as
costs.
ACTIVITY 4.1
Each model of the care delivery system has its strengths and
weaknesses and should be taken into consideration when deciding
which model to implement. Based on the several different care delivery
models, choose the best model that you think can be implemented in
your area of work. Justify why you chose that model. Share your
answer in the myINSPIRE online forum.
SELF-CHECK 4.1
1. Why do we need a care delivery system?
Take note that the hospitals looked for opportunities to reduce costs through the
reduction in the length of stay (LOS). Therefore, clinical pathways and case
management are the tools or strategies that can achieve this objective. These tools
are further explained in the next subtopics.
Clinical pathways are care management tools that outline the expected
clinical course and outcomes for a specific type of patient.
Pathways are often identified on a day-to-day basis. For each day, the expected
outcome is articulated and the patientÊs progress is measured.
In addition, clinical pathways are widely used not only to enhance outcomes but
also to contain costs within a constrained length of stay (Lagoe, 1998). The
features of this tool are listed in Table 4.5.
Feature Description
High volume Increased total number of patients admitted with the same
diagnosis.
High risk Need immediate treatments compared to other diseases.
High cost Higher cost for treatment, for example, total knee replacement.
High loss The standard care plan in the clinical pathway will shorten the
length of stay in the hospital.
Large variation in The data is used to identify opportunities for improvements in
practice hospital systems and in clinical practice.
Daily Outcomes
Emergency Medical Ward Medical Ward Medical Ward Medical Ward
Medicine on
Admission Day 1 Day 2 Day 3 Day 4
Patient will: Patient will: Patient will: Patient will: Patient will:
• Maintain • Maintain clear • Return • Have an • Have an
clear airway breathing effective effective
airway pattern and breathing breathing
• Maintain
rate to pattern pattern and
• Maintain oxygen
baseline cough
oxygen saturation • Able to cough
saturation >95% • Maintain effectively • Maintain PEF
>95% PEF post post nebuliser
• Achieve PEF • Maintain PEF
nebuliser >75%
• Achieve post nebuliser post nebuliser
>75%
PEF post >75% >75% • Have stable
nebuliser • Have stable vital signs
• Experience • Have stable
>75% vital signs
resolution of vital signs • Able to use
• Experience acute • Maintain inhaler /
• Understand
resolution respiratory hydration; aerochamber
inhaler
of acute distress good urine correctly
technique /
respiratory output,
• To restore lung aerochamber • Patient and
distress moist
function to the family
mucous
• Have best possible understand the
membranes
stable vital level as soon as medication
signs possible • Able to instructions,
practise the recognition
• Patient and • Have stable controlled of an acute
family vital signs breathing attack and
understand exercise and
• Maintain action taken
the coughing
hydration; during an
diagnosis technique
good urine attack
and
output, moist
ongoing • To prevent
mucous
treatment early relapse
membranes
• Understand
nature of
disease
• Able to use
peak flow
meter
Lastly, what are the advantages and disadvantages of this tool? Let us find out
the answer in Table 4.7.
Advantages Disadvantages
• They are powerful tools for managing • It requires a significant amount of
care. They are very instructive for new work to gain consensus from various
staff and save significant amount of disciplines regarding the expected plan
time in the process of care. of care.
• The implementation of clinical
pathways will improve care and
shorten the length of stay for the
population on the pathways.
For example, in a case of a patient with post-surgery condition, if the patient has
not achieve the ambulation goal according to the clinical pathway, the case
manager would work with the physician and other healthcare professionals to
determine the factors that prevent the patient from achieving the goal. You can
visit the following websites to obtain more information on case management:
(a) http://www.ana.org
(b) https://www.nursingexplorer.com/careers/case-management-nurse
ACTIVITY 4.2
Formulate one clinical pathway for a small group of patients in your
hospital based on high risk, high volume and high cost. You are
required to show evidence of the statistical data before proceeding to
the clinical pathway. Post your answer in the myINSPIRE online
forum.
SELF-CHECK 4.2
1. State the importance of clinical pathways.
The health assessment section of the process model represents the efforts to
assess the health of the population. This assessment typically consists of
information.
Patient-centred care model focuses on patient needs rather than staff needs.
In this model, the required care and services are brought to the patient.
Case management and clinical pathways are care management tools that
have been developed to improve patient care and reduce hospital costs.
Clinical pathways are care management tools that outline the expected
clinical course and outcomes for a specific type of patient.
Case management improves patient care and reduce hospital costs through
the coordination of care.
Del Togno-Armanasco, V., Hopkin, L. A., & Harter, S. (1995). How case
management really works. American Journal of Nursing, 95(5), 24I24L.
Zander, K. (2017). Case management models: Best practices for health systems
and ACOs (2nd ed.). Retrieved from https://hcmarketplace.com/
aitdownloadablefiles/download/aitfile/aitfile_id/1942.pdf
INTRODUCTION
Numerous studies have shown how healthcare providers use their time. Most
studies were conducted on acute care nurses as they represent the majority of
nurses. According to Scharf (1997), only 30 to 35 per cent of nursing time is spent
on direct patient care while 25 per cent is spent on charting and reporting. The
remaining time is spent on admission and discharge procedures, professional
communication, personal time and providing care that could be provided by
unlicensed personnel, for example, transportation and housekeeping (Upenieks,
1998).
Benner (1984) addressed the issues faced by new nurses as they struggle with time
management and explained the ways expert nurses deal with time management
using contingency planning. This contingency planning includes approaches such
as rapidly assessing patient needs as well as setting and shifting priorities. Routine
standards and procedures are continuously being evaluated. Standard priorities
include attending to radically abnormal vital signs, symptoms of respiratory or
circulatory compromise, intravenous medications running dry and intravenous
medication administration. In addition, expert nurses learn to anticipate and
prevent periods of extreme workload during a shift.
How about assistant medical officers? What can an assistant medical officer do to
become an expert? Well, being an effective team member and utilising time
management strategies can be helpful to them. These two strategies are the main
focus of discussion in this topic.
Have you ever heard it? What does it mean? The quote clearly shows the
importance of effective team building in which each member is equally important,
everyoneÊs voices and opinions are heard, and progress is aimed at the same goals.
In addition, team members should know each otherÊs strengths and weaknesses,
and continually develop their knowledge and skills.
As for leaders, they also play a role in educating team members so that they know
what to do, enabling them so that they know how to do it and empowering them
by authorising them to do it (Harrington-Mackin, 1996).
The five stages of the team process are further explained in Table 5.1.
Stage Activity
Forming Expectations Start when the first meeting begins.
Interactions Opinions are exchanged to define the groupÊs
expectations and boundaries.
Boundary formations The group establishes its identity with the
help of the group leader.
Storming Tension May occur due to statements or opinions made by team
members.
Conflict Sometimes it can be quite apparent as people often take
sides on certain concerns or issues.
Confrontation Difficult situation but it is important to ensure
resolution for the emerging problems.
Norming Positioning Members having a sense of belonging in the team.
Goal setting With positions now established, goals outlined in the
forming stage are set in accordance with expectations.
Cohesiveness Conflict has transformed into cohesiveness.
Performing Actual work Team members are now ready to implement the
actual work that will meet the groupÊs objectives.
Relationships Agreements are more likely to be achieved as everyone
knows what their roles are and what they are supposed to do.
Group maturity Obvious progress is made towards the plan to
achieve the overall group goals.
Adjourning Closure The process whereby team members review the groupÊs
progress.
Evaluation The group should evaluate whether the stated purpose
was accomplished.
Outcome review Closure activities to focus on groupÊs
accomplishments on stated and unstated objectives.
Figure 5.2: Some of the management processes that can be enhanced through effective
team building
Source: Herman & Reichelt (1998)
Lewin (1951), McGregor (1960) and Argyris (1964) are among the few people who
have discussed the theories of effective teams. A great team accomplishes the
objectives of the group through active participation of its team members.
What are the key components of effective teams? The six key components of
effective teams are shown in Figure 5.3.
The six components of effective teams are further elaborated in Table 5.2.
Component Description
Clearly stated Team members need to know the purpose of the team, its goals
team purpose as well as targets to be achieved. The leader must ensure that
everyone in the unit understands the task and performs the
correct procedures.
Team composition The leader should recruit and hire talented people. Team
members should use their basic knowledge and experiences
gained from working in different areas.
Effective Clear communication between team members can resolve
communication conflicts that might occur.
Active The leader should ensure that each member participates and
participation contributes especially during a discussion or brainstorming
session.
Active plan The plan that everyone should agree on and feedback by team
members as well as others who will be affected by the teamÊs
decisions are necessary in maintaining team focus.
Effective time management not only helps assistant medical officers to work well
but also improves the quality of their personal lives as it translates to more time
with family, friends and for leisure pursuits.
Did you know that the Pareto Principle can be applied to time management?
Let us look at Figure 5.4 which demonstrates this principle.
Based on Figure 5.4, it states that 20 per cent of focused effort produces 80 per cent
of the results. Conversely, 80 per cent of unfocused effort produces only 20 per
cent of the results. What does this imply? This principle reminds us to focus on the
right activities so that we can achieve maximum results.
It sounds easy but why do some people find it hard to focus on the 20 per cent
effort? Well, there are several possible explanations on this matter. One reason for
losing focus is when you tend to execute too many tasks or projects
simultaneously.
To overcome this problem, you should run lesser projects at the same time so that
every project can get your undivided attention. It is even better to finish one project
first before you move on to the next one. Prioritising goals can also be helpful.
Another reason for suffering from work overload is due to our inability to say
„no‰. Learning to say „no‰ to requests is difficult and at times can be unpleasant
for others. You need to remember and consider how much time you have left in
order to complete the request. If your time is limited, you can consider delegating
your task to someone else negotiating for a longer due date or stating politely that
you are not able to complete the request based on your workload at hand.
There are three stages of priority. Let us find out what the stages are in
Table 5.4.
Stage Description
First priority: Life-threatening conditions include patients who are at risk
Life-threatening or to himself or to others, or patients whose vital signs and
potentially life- level of consciousness indicates potential respiratory or
threatening circulatory collapse (Hansten & Washburn, 1998). A patient
occurrence whose condition is life-threatening deserves the highest
level of priority and requires monitoring until he is
transferred or stabilised.
Second priority: Activities that are essential to safety include ensuring the
Activities essential availability of life-saving medications and equipment, and
to safety protecting patients from infections and falls. The activities
also include asking for assistance or providing assistance
while two people transfer, turn or move the heavy patient
(Hansten & Washburn, 1998).
Third priority: Activities that are essential to the care plan include those
Activities essential which lead to the relief of symptoms or healing. They are the
to the care plan activities that, if omitted, will hinder the patientÊs recovery.
The activities include nutrition and medication
administration, ambulation, positioning and so on.
(c) Organisation
Did you know that by having a few simple routines, you can save a lot of
time in a day and even enhance your efficiency? To do so, you need to be
organised. Examples of the routines include keeping a neat workspace,
arranging things in order or using „file management‰ rather than „pile
management‰.
Therefore, each assistant medical officer must devise a method for tracking
care and organising his time as well as delegating and monitoring the care
provided by others. One way to do so is by using a time log to list work-
related activities so that you can plan your activities ahead of time. The
activity log should be used for several days and the behaviour should not be
modified in the meantime. The assistant medical officer should record every
activity from the beginning of the shift until the end as well as periodically
noting their feelings while performing the activities.
After completing the log, the assistant medical officer should analyse
whether the time was spent wisely or whether some activities require some
adjustments.
Let us consider the following three time management strategies that can help
enhance our personal productivity (see Table 5.5).
Strategy Description
Create more There are three major ways to create time. The first method is to
personal time delegate work to someone else. The disadvantage is you cannot
control the outcome of the task, for example, when or how the task
will be completed. Therefore, you might only want to consider
delegating jobs that are boring and mundane.
Another method to make time is to eliminate chores or tasks that
add no value.
The last method is to get up earlier in the day. The extra time from
getting up an hour earlier can be used to enrich your life. At the
end of the day, you might feel tired and respond to the fatigue by
going to bed a little earlier. If a person does not try to go to sleep
earlier and the outcome of getting up early is fatigue, then the
strategy is not beneficial.
Use downtime Downtime is referred to as the time that is seldom used in a day,
effectively for example, waiting time. Calling ahead to verify appointments
and/or reduce and arriving no more than five minutes earlier can help you to
downtime avoid downtime. During unavoidable waiting time, the time can
be filled with productive pursuits such as reading or writing
handy materials.
Control There are always unwanted distractions that might disrupt your
unwanted schedule or personal life. A few examples of distractions include
distractions unplanned phone calls, low priority tasks and requests for
assistance.
How should we handle unwanted distractions? Table 5.6 will provide you with
some strategies to handle them.
Distraction Strategies
Unplanned phone Use an answering machine or voicemail. Consider a humorous
call message. Set a time to return calls.
Low priority task Say no to jobs that have little value or which you have little
interest in.
Request for Encourage your staff to be more independent. Your decision
assistance to accede to the requested assistance should be a conscious
decision rather than a drop-in distraction.
You can visit these websites for more information on time management:
(a) http://www.daytimer.com
(b) http://www.mindtools.com
ACTIVITY 5.1
Based on your experience working in a busy ward and as the team leader
of the unit, discuss the strategies to plan for an effective use of time and
to prioritise your activities. Post your answer in the myINSPIRE online
forum.
SELF-CHECK 5.1
1. Describe the five stages of the team process.
Five stages of the team process are forming, storming, norming, performing
and adjourning.
The key components of effective teams include clearly stated team purpose,
team composition, effective communication, active participation, active plan
and ongoing assessment and evaluation.
Adjourning Performing
Distractions Personal time
Downtime Setting priorities
Forming Storming
Goal setting Team building
Information Team process
Norming Time management strategies
Organisation Time tools
Benner, P. (1984). From novice to expert: Excellence and power in clinical nursing
practice. Menlo Park, CA: Addision-Wesley.
Hansten, R. I., & Washburn, M. J. (1998). Clinical delegation skills (2nd ed.).
Gaithersburg, MD: Aspen Publishers.
Harrington-Mackin, D. (1996). Keeping the team going: A tool kit to renew & refuel
your workplace teams. New York, NY: American Management Association
(AMACOM).
Herman, J., & Reichelt, P. (1998). Are first line nurse managers prepared for team
building? Nursing Management, 29(10), 6872.
Lewin, K. (1951). Field theory in social sciences. New York, NY: Harper & Row.
McGregor, D. (1960). The human side of enterprise. New York, NY: McGraw-Hill
Book Company.
Reed, F. C., & Pettigrew, A. C. (1999). Self-management: Stress and time. St Louis,
MO: Mosby.
6 making
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Identify the factors affecting decision-making;
2. Apply decision-making theories and process to make personal and
group decisions as well as solve complex problems;
3. Demonstrate critical thinking;
4. Explain change and conflict resolution; and
5. Apply the concept of quality assurance, quality management and
quality improvement.
INTRODUCTION
Why is decision-making important? Decision-making is important because it is a
vital skill that every healthcare providers should have, especially healthcare
managers, since it does not only involve managing and delivering care but also
engaging in planned change. Healthcare institutions have already provided
certain guidelines in dealing with routine situations. However, exceptional
situations may occur at times and requires difficult decision-making involving a
mature sense of judgment.
As for critical thinking, it is a complex process that has many definitions. Most
agreed that critical thinking does entail an orderly investigation of ideas,
assumptions, principles and conclusions. What is critical thinking? Critical
thinking is the process that guides scientific reasoning in the healthcare process,
problem-solving and decision-making. The cognitive skills attributed to the critical
thinking process include divergent thinking, reasoning, reflection, creativity,
clarification and basic support (Green, 2000).
Organisational change is a type of change that often causes more stress and
concerns. Unfortunately, when organisational change is planned, employees are
often the last to know about the anticipated change when in reality they will likely
be the ones most affected by it.
Therefore, even though the assistant medical officers are expected to implement
the new care delivery system, they may also be the last persons to know about the
change until it is being implemented. In addition, conflict resolution is vital in
organisational change.
Thus, in this topic, you will learn about the process of decision-making, critical
thinking and conflict resolution, and relate them to your experience and daily
nursing practice. Last but not least, you will also be introduced to the concept of
quality assurance (QA), quality management (QM) and quality improvement (QI).
Step Description
1. Identify the problem Difficulties will arise if the assistant medical manager
and analyse the concentrates on the symptoms rather than the cause.
situation
A questioning attitude will help to confirm the facts. For
examples, what is the desirable situation? Who is
involved? When? How?
2. Explore alternatives Managers should firstly determine whether the situation
and consider their is covered by the policy. If it is not, they must use their
consequences discretion and experience to solve it.
Healthcare goes through rapid changes and solutions
for yesterdayÊs problem may not work today.
Thus, managers should look beyond their own
experiences and augment them by continuing their
learning (education), have professional meetings,
correspondences and brainstorming with their staff.
The group facilitator or leader should carefully select members on the basis of their
knowledge and skills to form an effective group. Individuals who are aggressive,
authoritarian or manifest self-oriented behaviours tend to decrease the
effectiveness of the group.
In order to secure the support of the group, the leader should maintain open
communication with those who are affected by the decision and be honest about
the advantages and disadvantages of the decision.
Group decision-making also has disadvantages and may not be appropriate for all
situations. Group decision-making process requires more time and may not be
appropriate in some situations especially crisis situations which require prompt
decisions. Another disadvantage relates to unequal power among the team
members. Dominant personality types may influence more passive or powerless
group members to conform to their points of view.
SELF-CHECK 6.1
ACTIVITY 6.1
In groups of two, identify a current problem in healthcare. Use the
problem-solving process to find the solution. Post your answer in the
myINSPIRE online forum.
For a better picture of critical thinking, let us have a look at the model shown in
Figure 6.3.
Critical thinkers strive to be clear, accurate and precise when they communicate,
and their thinking is adequate for their intended purposes. Thus, it is important
for managers to assess their staffÊs ability to think critically and enhance their
knowledge and skills through staff development programmes, coaching and role
modelling. In addition, establishing a positive and motivating work environment
can enhance the attitude and disposition to think critically.
Approach Description
Critical listening It is a mode to monitoring how we listen so as to maximise
our understanding of what another person is saying.
Critical thinkers listen empathetically and analytically with
respect to one who is speaking.
Last but not least, you can visit the following websites for more information on
critical thinking:
(a) http://www.critical-thinking.org
(b) http://www.insightassessment.com
ACTIVITY 6.2
Let us suppose that the shortage of staff is the biggest problem in your
hospital. Applying critical thinking, how would you solve the problem
with respect to recruiting and retaining staff?
SELF-CHECK 6.2
Change Description
Personal change Made voluntarily according to oneÊs own
reasons, usually for self-improvement.
For example, changing oneÊs diet or
exercising more and attending seminars on
self-improvement.
(a) Assessment
The purpose of and the need for change can be identified from the collection
and analyses of data. There are several sources for data collection and
analysis, namely structural, technological and people.
However, these sources have their own respective problems as can be seen
in the following:
(i) Structural problems Problems may arise in the form of physical space
or configuration of the space involved;
(iii) People problems Problems may come in the form inadequate training
to accomplish the goals, unwillingness to meet the goals, lack of
commitment to the organisation or lack of understanding regarding the
need for change.
In this step, we need to analysis data in order to identify the need for change
and to support the potential solutions.
(b) Planning
The most successful plan for change is one where the most affected
individuals are involved in, satisfied with and committed to the process. It is
also important to explain how the change will be implemented, although this
may require some modifications as the implementation begins.
(i) Power coercive approach Uses authority and the threat of job loss to
gain compliance with the change;
6.6.2 Conflict
An important part of the change process is the ability to resolve conflict. Conflict
allows for a healthy discussion of different views and values, and adds another
dimension to quality patient care. Conflict can also be seen as a disagreement about
something of importance to two or more parties. Each party may or may not be
aware of the otherÊs conceptualisation of the meaning of the conflict, thus both
parties need to sit down to determine the existence and nature of the conflict as
well as the reasons for it.
There are essentially seven methods in conflict resolution. These methods are
explained in Table 6.6 together with their respective advantages and
disadvantages.
Aside from these seven methods, you can also consider five other approaches to
conflict resolution from the perspective of negotiation. The five approaches of
negotiation according to Lewicki, Hiam and Olander (1996) are shown in
Figure 6.5.
The success rate of the selected approaches depends on several factors. Any issues
can have an enormous impact on the approach selected and the level of success
that will be achieved. The guide for the assistant medical leader or manager is to
determine which conflict requires intervention and which approach stands the
best chance of success.
ACTIVITY 6.3
Let us assess a conflict situation. Reflect on your daily tasks at the ward. Select
one problem that occurs during your shift. Based on the following assessment
format, answer all the following questions:
(a) What is (are) the issue(s) in the conflict?
(b) Are the issues based on facts? Based on values? Based on interests in the
resources concerned?
(c) Are the issues realistic?
(d) What are the goals of each conflicting party?
(e) What conflict management strategies, if any, have been used to manage
the conflict to date?
(f) What are the alternatives to managing the conflict?
(g) What are you doing to stop the conflict from continuing?
When we talk about quality, there are three terms that relate to it. The terms are:
(a) Quality assurance (QA);
(b) Quality management (QM); and
(c) Quality improvement (QI).
Quality assurance (QA) emerged in healthcare practice in the 1950s, about the
same time in which hospital-accrediting organisations were founded (Albany
Medical Center, 1998). QA was first aimed at inspecting healthcare institutions,
mainly hospitals, to achieve minimum standards of care. The function of QA grew
over time and became the organisational mechanism for measuring performance
against standards, and reporting incidents and errors such as mortality and
morbidity rates.
QAÊs methods consist primarily of chart audits of various patient diagnoses and
procedures. The method was thought to be punitive with its emphasis on „doing
it right‰ and did little to sustain change or proactively identify problems before
they occur. However, it did help to achieve the minimum standards of
performance.
Next came quality management (QM) and quality improvement (QI) concepts.
These two terms evolved from the business philosophy known as total quality
management (TQM).
TQM began in the manufacturing industry with W. Edwards Deming and Joseph
Juran in the 1950s. The approach was integrated into the healthcare industry in the
1980s when costs and quality of care from health maintenance organisations and
other third-party providers increased along with the competition for patients
(Albany Medical Center, 1998).
What does QM and QI mean? Let us look at Table 6.7 for the answer.
Table 6.7: Quality Management (QM) and Quality Improvement (QI) Definition
This proactive approach emphasises „doing the right thing‰ for customers and the
end goal of this approach is to satisfy customers.
There is another term that you need to know performance management (PI).
For your information, the term „performance improvement‰ is sometimes used
interchangeably with quality improvement but it usually emphasises improving
the activities of individuals or groups and not the systems.
Let us look at Table 6.8 which shows the differences between QA and QI.
Table 6.8: Differences between Quality Assurance (QA) and Quality Improvement (QI)
SELF-CHECK 6.3
Thirdly, QM motivates health professionals to give their customers more than the
basics so that customers will recommend the services to others and create demand
for the services. This is achieved by:
(a) Proactively seizing opportunities to perform better;
(b) Aiming for quality consistently; and
(c) Continuously improving and not waiting for a problem to be highlighted or
pressure from competitors.
Step Description
1. Identify the most Assistant medical managers or staff nurses may
important patient or conduct interviews or survey patients about their
consumer needs for experiences during nursing care.
healthcare services
The studies should not only focus on physical tasks but
also on interpersonal care as well.
2. Assemble a Teamwork is important in order to develop an effective
multidisciplinary QI team.
team to review the
identified consumer Consider briefing or educating team members about
needs and services their roles before starting the QI process.
3. Collect data to Various data tools can be used such as flowcharts, line
measure the current graphs, histograms, Pareto charts and fishbone
status of the services diagrams.
4. Establish Benchmarking is one way to evaluate the quality of
measurement outcomes in your healthcare institution.
outcomes and quality
indicators It is done by comparing one institutionÊs performance
against that of similar organisations.
5. Select and implement Change strategies should emphasise open
a plan to meet the communication and training for staff who are affected
outcomes by the new standards or outcomes.
6. Collect data to If an outcome is not met, revisions on the
evaluate the implementation process are needed.
implementation of
the plan and the The assistant medical manager must also evaluate the
achievement of the work of the team members and the ability of individual
outcomes team members to work together effectively.
ACTIVITY 6.4
You are the change agent of the unit tasked with implementing a new
healthcare approach and maintaining the quality of care. Choose one
issue in your clinical practice and relate it with the quality
improvement process (refer to Table 6.9). Post your answer in the
myINSPIRE online forum.
Generally, there are two types of factors that affect decision-making, namely
external factors and internal factors.
Conflict management and resolution are important parts of the change process.
Change can be defined as making something different from what it originally was.
There are three types of change, namely personal change, professional change
and organisational change.
Albany Medical Center. (1998). AMC Q series curriculum. Albany, NY: Author.
Bennis, W., Benne, K., & Chin, R. (1969). The planning of change. New York: Holt,
Rinehart & Winston.
Green, C. (2000). Critical thinking in nursing. Upper Saddle River, NJ: Prentice
Hall Health.
Lancaster, J., & Lancaster, W. (1982). Concepts for advanced nursing practice:
The nurse as a change agent. St Louis, MO: Mosby.
Lewicki, R. J., Hiam, A., & Olander, K. W. (1996). Think before you speak:
A complete guide to strategic negotiation. Hoboken, NJ: Wiley.
Norris, S. P., & Ennis, R. H. (1989). Evaluating critical thinking. Pacific Grove, CA:
Midwest Publications, Critical Thinking Press.
INTRODUCTION
The role of professional assistant medical officers has expanded rapidly within the
past few years to include increased expertise, specialisation, autonomy and
accountability from the legal and ethical perspectives. This has raised new
concerns amongst assistant medical officers and has heightened the awareness of
the interactions between legal and ethical issues. The areas of concern include legal
issues, professional acts and regulations, employment rules and ethical principles.
This topic provides an overview of the legal system and specific doctrines used by
the courts to define the legal boundaries of the nursing practice.
However, take note that this topic is not meant to be a complete legal guide to the
healthcare practice. You are advised to seek other legal textbooks for further
information on legal matters.
In a democratic country like Malaysia, who formulates and enforces the laws? The
ruling government in Malaysia, who is elected by the people, is the one tasked to
formulate and enforce laws. Article 160 of the Federal Constitution provides a
three-fold classification of the different types and sources of Malaysian laws as
shown in Figure 7.1.
The three different types of law are further explained in Table 7.1.
Type Description
Written law The written law consists of the Federal Constitution (which is the
(statutory law/ supreme law of the land) and the Constitution of each state of the
public law) Federation of Malaysia. Acts are passed by the Parliament and the
various State Assemblies. Subsidiary rules and regulations are
made by the ministers and other persons, by virtue of the powers
vested in them according to the Acts of Parliament or State
enactments.
Common law This is a body of law that was developed from an accumulation of
judgments arising from past cases or precedents. The body of case
laws, which developed from adjudication of kings and later of
judges, is known as the common law. Common law or judge-made
law is to be contrasted from statutory law.
ACTIVITY 7.1
Discuss the following questions in the myINSPIRE online forum:
(a) What is your interpretation of law?
(b) Why must laws exist?
SELF-CHECK 7.1
Describe the three types of Malaysian law.
The system of courts throughout Malaysia was established via Article 121 of the
Federal Constitution, the Courts of Judicature Act (revised 1972) and the
Subordinate Courts Act (revised 1972).
What is a court?
The judge, or where there is a jury (the judge and jury), determines such matters as:
(a) Whether certain facts have been established or otherwise;
(b) Where required, the legal obligations and rights of a party or parties;
(c) The punishment that is appropriate for criminal or other offences; and
(d) The interpretation of statutory provision, the provisions of a will or of a
contract.
Take note that every court has a specific jurisdiction or power to hear cases. In fact,
the word „jurisdiction‰ covers two aspects:
(a) The subject matter before the court; and
(b) The geographical area in which the court covers.
The courts have the power to deal with matters concerning the law that have been
specifically stated within a certain geographical area. Furthermore, each court has
certain civil and criminal powers as highlighted in the following:
(a) On the civil side, the courts can only try cases involving the subject matter of
a certain value; and
(b) On the criminal side, the courts are limited by the punishment that they can
impose.
Courts are arranged in a hierarchy, from the lowest courts to the highest courts
(see Figure 7.2). Decisions made in the higher courts have precedence over
decisions made in the lower courts. This means that when one has received a
judgment from a lower court, one can appeal to a higher court to have the lower
courtÊs judgment quashed so that either a different judgment is made or a new
hearing is granted. The decision of the higher court then applies, and is binding on
all courts that are lower in the hierarchy within the same jurisdiction. The system
in which the common law is passed on to influence later decisions is called
precedent.
SELF-CHECK 7.2
1. Give the definition of a court.
However, for civil matters, only those above the jurisdiction of the
Subordinate Courts are filed in the High Court.
For criminal cases, the cases normally have to be heard first in the
Magistrates Courts by way of a preliminary hearing before they can be
brought to the High Court.
However, the Public Prosecutor may issue a certificate requiring the court
before which the case is pending to send the case to the High Court directly
for trial.
In its appellate jurisdiction, the High Court hears appeals from the
Subordinate Courts. By virtue of its supervisory jurisdiction, the High Court
may require any case in the Subordinate Courts to be brought before the
High Court for hearing.
However, the parties may have an agreement in writing to state that the
Sessions Court shall have jurisdiction over any amount. Take note that the
Sessions Court has no jurisdiction on matters relating to immovable property
(with some exceptions), specific relief, administration and probate,
legitimacy and guardianship of infants and divorce. In its criminal
jurisdiction, the Sessions Court can try all offences other than those
punishable by death.
An appeal on the decision of the Magistrates Court is dealt with by the High
Court.
As for the Second Class Magistrates, they have the power to try original
actions or suits of a civil nature where the plaintiff seeks to recover a debt or
specific amount of money not exceeding RM300.
On the criminal side, a Second Class Magistrate may try offenses where the
maximum term of imprisonment for those offences does not exceed 12
months of imprisonment or which are only punishable with a fine. In
addition, a Second Class Magistrate may pass any sentence allowed by law
not exceeding:
(i) Six months imprisonment;
(ii) A fine of not more than RM1,000;
An appeal from a decision of the Magistrates Courts is dealt with by the High
Court.
On the criminal side, the PenghuluÊs Court may only try offenses of a minor
nature which are specifically enumerated in his Kuasa (empowering
document) and which can be adequately punished by a fine not exceeding
RM25. A person charged in a PenghuluÊs Court may elect to be tried by a
Magistrate Court. An appeal against the decision of the PenghuluÊs Court
may be made to the First Class Magistrate.
(h) Tribunals
Apart from the main system of courts, there are various bodies which are
often referred to as tribunals. These tribunals have varying functions and
procedures which are set out in the legislation that formulates them.
However, parties cannot directly approach the Industrial Court. They have
to approach Minister of Human Resources, who may refer such a dispute to
the Industrial Court. Though the Industrial Court is not part of the main
system of courts, the High CourtÊs supervisory powers may be invoked to
examine the decisions of the Industrial Court. If an employee is dismissed or
terminated and chooses to challenge such a dismissal or termination he or
she, as an employee, can take the matter up to the Industrial Court.
The Industrial Court deals with matters referred to it in a less formal way
than the High Court. Rules of evidence are applied rather liberally. The court
pursues a nebulous ideal known as social justice when deciding upon the
cases brought before it.
As you can see in Figure 7.3, the two major classifications of law are substantive
law and procedural law.
Civil law and criminal law will be further explained in Subtopic 7.1.5.
In other words, it regulates the statute of limitations and the process for
administrating evidence at a trial. This includes sub-branches such as the law
of evidence and court rules.
On the other hand, civil action is instigated by an individual, who claims that
another person has wronged (harmed) him either physically, mentally or
economically, or is likely to cause such harm by the proposed actions.
Criminal cases are prosecuted by the State. They are officially designated. If the
prosecution is successful, the convicted person is punished. The Penal Code is not
interested in compensating the victim in these cases, only in punishing the offender.
On the other hand, civil cases are brought about mainly by:
(a) One person against another, claiming damage that was wrongfully inflicted
on him or a debt owing to him, and seeking compensation from that person.
In this case, the first person is suing (not prosecuting) the other. The person
suing is called the plaintiff while the person being sued is called the
defendant; or
The Penal CodeÊs only interest here, through the judges, is that the contest in
court be carried out according to the established procedures and rules of
evidence and acts as a referee in both types of cases (the judges of course have
the added role of interpreting the law and determining the facts). Civil cases
are designated as per the name of the plaintiff or applicant first, followed by
that of the defendant or respondent.
In criminal cases, the prosecution has to convince the jury, beyond a reasonable
doubt, that the accused is guilty. This means that unless the prosecution has left
no reasonable doubt in the juryÊs mind as to the accusedÊs guilt, despite the
accuserÊs attempts to create that doubt, they must acquit.
In a civil case, the burden on the plaintiff or applicant amounts to convincing the
court on the balance of probabilities. This is not as difficult as the standard of proof
for a criminal case. The court must find a defendant not liable unless the plaintiff
has proved his case to that standard. The defendant does not have to prove his
case, only to throw doubt on the plaintiffÊs arguments.
Criminal law deals with wrongs which are committed against the State rather than
against individuals. This is reflected in the fact that offenders are prosecuted by
the State. The interest of criminal law is in the punishment of the perpetrator, not
in the fate of the victim, who must pursue remedies in civil actions.
Take note that there is no definition of criminal negligence in the legislation (where
it involves an unintended death, it may be termed as involuntary manslaughter).
Therefore, we must look carefully to case law or reference for it.
Therefore, the doctrine of negligence applies to all areas of human activity but its
operation in relation to healthcare has some special features.
Tort law is one of the ways in which assistant medical officers and health visitors
are held accountable. It differs from other types of law in a number of ways.
Criminal law established standards on behalf of society and when the rules are
broken, the society punishes the wrongdoer irrespective of the victimÊs position.
The wrong is committed against society as a whole. However, this is different in
tort law as it is concerned with the relationship between individuals.
In tort law, when mishaps occur, victims can choose if they wish to sue the person
who caused the action. If they decide to sue, and in their case, they will receive
compensation. The compensation is designed, so far as possible, to put them in the
position in which they would have been if nothing had happened to them. The
major function of negligence actions in healthcare as in elsewhere, is to provide
compensation for the victims of the accidents.
However, the negligence of the standard of care does not represent the quality of
care that assistant medical officers, nurses, midwives and health visitors should
aspire to provide since it only establishes the basic or minimum standard of
practice that patients are entitled to expect.
SELF-CHECK 7.3
1. Describe two major classifications of law.
There are three types of Malaysian law, namely the written law (statutory
law/public law), common law and customs or practices.
The judicial system in Malaysia can be divided into superior courts and
subordinate courts.
Courts are set out in a hierarchy, from the lowest courts to the highest courts.
Generally, there are two types of law, namely substantive law and procedural
law.
Under substantive law, there are the civil law and criminal law. Meanwhile,
under procedural law, we have procedural rules and rules of court.
The law of negligence, also known in the healthcare context as malpractice law,
is part of what is known as tort law, which deals with injuries caused by one
person to another.
Tort law is one of the ways in which assistant medical officers, nurses and
health visitors are held accountable in their profession.
Appeal Plaintiff
Case law Procedural law
Common law Subordinate courts
Contract Substantive law
Court Superior courts
Customs or practices Tort law
Legislation Written law
Negligence
2. The First Class Magistrate may pass any sentence allowed by law not
exceeding the following EXCEPT:
A. 10 years of imprisonment.
B. A fine of RM10,000.
C. A fine of not more than RM1,000.
D. Whipping of up to 12 strokes.
Syed Ahmad S. A. Alsagoff. (2017). The law of torts in Malaysia. Petaling Jaya,
Malaysia: LexisNexis.
INTRODUCTION
This last topic is divided into four sections. Having learnt the types of law and the
differences between various types of law in the previous topic, you may now study
the standards of professional conduct set by the Medical Assistant Board. You will
also learn about the laws that apply to assistant medical officers.
The first subtopic examines the role of medical assistant acts and regulations, and
the employment rules in professional licensure and discipline. The second
subtopic deals with legal implications and assistant medical officersÊ duties and
responsibilities. Basic ethical concepts will be introduced in the subsequent
subtopic. The last subtopic deals with ethical issues and dilemmas in healthcare
practice.
The law works through the four following ways in order to maintain healthcare
standards:
(a) Criminal law is involved whenever harm was deliberately or recklessly
caused. For example, it is a case of manslaughter when a patient dies as a
result of recklessness or when healthcare practitioners intentionally commit
an unlawful act that causes death;
(b) The Laws of Malaysia, Act 180, Medical Assistants (Registration) Act 1977
requires the Medical Assistant Board to conduct professionalism at all times;
(c) Under the contracts that employers have with each assistant medical officer,
employers may discipline and dismiss the assistant medical officer; and
(d) The law of negligence allows patients to sue assistant medical officers and
their employers for compensation, should they suffer loss through their
carelessness.
Through such mechanisms as the Laws of Malaysia, Act 180, Medical Assistants
(Registration) Act 1977, the standards of care and the code of ethics for medical
assistants can ensure a degree of public safety where healthcare is concerned. The
Laws of Malaysia, Act 180, Medical Assistants (Registration) Act 1977 is a legal
code and although it is stated in very general terms, it does have the force of law
and mechanisms for enforcement. Take note that the standards of care and code of
ethics are not laws but they have their own means of enforcement.
When an assistant medical officer violates the standards of care or the code of
ethics (or both) frequently and with disregard, that person is not acting in a
professional manner. Therefore, the Medical Assistant Board has the authority to
discipline assistant medical officers who are not acting in a professional manner.
This discipline can range from a reprimand to licensure suspension or even
revocation.
8.1.1 Licensure
What is licensure?
There must be evidence that the applicant has attained a minimal degree of
competency to ensure that public health, safety and welfare are reasonably
protected. It defines not only the scope of practice and the requirements for entry
into practice but also the penalties for prescribed actions and for practising without
a requisite license.
As for the functions of the Medical Assistant Board Malaysia, they are shown in
Table 8.1.
Function Description
Training • Approves training schools for medical assistants.
• Approves the curricula for training.
• Reviews the training curricula from time to time.
Registration • Registers trained assistant medical officers in the general part of the
Register for assistant medical officers.
• Registration of assistant medical officers is compulsory in order to practise
healthcare and provide general public services.
Discipline • The Board has disciplinary jurisdiction and is empowered to take action
against any registered assistant medical officers for breach of discipline
as provided in the Regulations.
Board meetings • The Examination Board meetings grant approval of the assistant
medical officersÊ registration examination results.
• The Medical Assistant Education Committee Meetings will consider
matters pertaining to training, curricula and examinations.
Examination • Sets questions for examinations.
• Appoints examiners.
• Conducts assessorsÊ meetings.
• Releases the examination results.
Practising • Issues annual practising certificate.
certificates • Issues temporary practising certificate to foreign assistant medical
officers.
Professional • Provides guidance to the professionals on the standards of professional
conduct conduct.
• Supports assistant medical officersÊ relationship with their patients.
Responsibility • Provides and maintains a high standard of healthcare at all times.
for standards of • Always practise high standards of professionalism, caring attitude and
healthcare be an effective member of the healthcare team.
• Must be competent, efficient and diligent in recording the history,
examining, carrying out diagnostic investigations, diagnosing and
treating the patient.
Use of • Assistant medical officers shall not use any titles relating to public
descriptions, title award and professional qualification. The use of public honours and
and publicity qualifications must be approved by the Board.
• Publicity (referring to all means of giving publicity) by assistant medical
officers is forbidden but he may provide information in relation to his
work.
SELF-CHECK 8.1
1. What are the standards of care and the code of ethics for assistant
medical officers ?
2. What are the aims and functions of the Medical Assistant Board?
Assistant medical officers can be, and have been, prosecuted for committing
crimes. These range from assaults and theft of patientÊs property to manslaughter
where a healthcare providers recklessness may have caused a patientÊs death.
While patients sue using the civil law, it is normal for the police to bring
prosecutions under criminal law.
In criminal law, the prosecution must prove their case „beyond all reasonable
doubts‰. That is why some prosecutions are not able to progress further because
of insufficient evidence to convict. This can occur in cases where healthcare
providers are accused of abusing patients and there is insufficient supporting
factual evidence.
Thus, the same assistant medical officer may not be prosecuted for abusing a
patient or may not be found guilty. Nevertheless, his dismissal from employment
may be approved by the industrial tribunal and/or his registration as a healthcare
providers may be withdrawn by the Malaysian Medical Assistant Board, thus
making him liable to be sued by the patient for assault or negligence.
An assistant medical officer will only be liable for negligence if he had negligently
caused a loss to someone whom he owed a duty of care. To be liable for negligence,
it is not sufficient that there was duty of care but there must have also been a breach
of the standard of care.
Example 8.1:
A female patient was admitted to hospital after having taken an overdose of
drugs. Her stomach was pumped out and she was transferred to a psychiatric
ward where she was diagnosed as having a depressive illness with paranoid
features. She had delusions about snakes, God and death. The information was
not recorded in the nursing notes. A few days later, she took out some matches
in the toilet and set fire to her shirt, even though her condition seemed to have
improved at that time. She was badly burned.
In this case, the assistant medical officer was found to be negligent as:
(a) The healthcare providers owed the woman a duty of care while she was
in the hospital;
(b) There was a breach of standard of care as relevant information was not
documented; and
(c) There was a loss, that is, physical injuries from the burn.
What do assault and battery mean? There are several definitions for these two
terms. The general definitions are shown in Table 8.2.
Assault Battery
An intentional attempt, using violence or An intentional offensive or harmful
force, to injure or harm another person. touching of another person without his or
her consent.
How do assault and battery differ? Let us look at the differences between assault
and battery in Table 8.3.
Assault Battery
• Issue of consent does not arise. • The defendant's act is done without the
plaintiffÊs consent.
• Plaintiff experiences reasonable • There is physical contact between
apprehension of a force upon defendant and plaintiff.
himself or herself.
• Tort law protects one from the • Tort law protects one from physical
threat of any physical violence as contact, be it violent or otherwise, as long
well as to maintain a personÊs as it is an unnecessary and unauthorised
mental well-being. contact.
According to Table 8.3, we can see that the key point of difference is patient
consent. Therefore, assistant medical officers should make a checklist to ensure
that informed consent is obtained, which includes the following aspects in
Table 8.4.
Aspect Description
Disclosure Patient is informed of current medical status, course of treatment,
risks involved, benefits, alternatives and other related matters.
Comprehension Patient understanding.
Competence The patient is competent enough to understand, reason and
deliberate on the information provided and make decisions.
Voluntariness The patient was not subjected to force, coercive influence or
manipulation.
Thus, slander may not be actionable as compared to libel as proof of damage must
be available.
SELF-CHECK 8.2
1. State the differences between assault and battery.
Most assistant medical officers envisage ethics as dealing with the principles of
morality what is right and wrong. So, what is ethics? In a broad conceptual
definition, ethics is concerned with motives and attitudes, and the relationship of
these attitudes to the good of the individual. Ethics may be distinguished from the
law in that ethics concern the good of an individual within a society while the law
concerns the society as a whole. Laws can be enforced through the courts and
statutes while ethics are enforced via the ethics committee and a professional code
of conduct. Let us look at Table 8.5, which further explains the distinctions between
law and ethics.
(a) Deontological theories Emphasises the dignity of the human being; and
Take note that ethical theories are important because they form the essential basis
of knowledge from which to proceed. In addition to ethical theories, there are
several key principles of ethics, which will be discussed in the next subtopic.
Principle Description
Autonomy This principle addresses personal freedom and the right to choose
what will happen to oneÊs own person. The legal doctrine of
informed consent is a direct reflection of this principle.
Source: Laws of Malaysia, Act 180, Medical Assistants (Registration) Act 1977
In a nutshell, ethics deals with the right and wrong doings in situations and has
no mechanism of enforcement, whereas laws are man-made rules that regulate
society and are enforceable. All ethical principles presuppose a basic respect for
human beings.
ACTIVITY 8.1
Read the following hypothetical case and discuss the answers to the
questions in the online forum.
Madam A is 75 years old and has terminal ovarian cancer. During the
course of her radiotherapy, she sustained third degree radiation burns
to her lower abdomen. Her wounds were extensive and deep, requiring
frequent wound irrigation. Despite being given pain relief before each
course of treatment, Madam A finds it very painful. She wants to
discontinue the treatment.
(a) Discuss the situation in terms of beneficence and non-maleficence.
(b) What is the assistant medical officerÊs responsibility in assisting
the patient to maintain autonomy?
(c) How should the assistant medical officer deal with the conflicting
principles?
By the very nature of ethical dilemmas, there is no good solution, and the decision
made often has to be defended against those who disagree with it. Therefore, the
ethical decision-making process provides a way for assistant medical officers to
answer key questions about ethical dilemmas and to organise their thinking in a
more logical and sequential manner.
Step Description
1. Collect, analyse and • Obtain as much information as possible.
interpret data
• Obtain information regarding the patientÊs wishes,
the familyÊs wishes and the extent of the physical
or emotional problems which caused the dilemma.
Source: Laws of Malaysia, Act 180, Medical Assistants (Registration) Act 1977
Last but not least, what can we conclude about ethical dilemmas? In a nutshell,
there are no clear or ideal solutions in any ethical dilemma. Differences of opinion
often exist because an individual is forced to choose between two equally
favourable alternatives. At some point, assistant medical officers need to undertake
the task of clarifying their own values in consideration as well.
SELF-CHECK 8.3
1. Define ethical dilemma and its characteristics.
ACTIVITY 8.2
Answer the following questions and share your answers on myINSPIRE.
The law works through several ways to maintain healthcare standards, namely
criminal law, Laws of Malaysia Act 180 Medical Assistants (Registration) Act
1977, contract law and law of negligence.
One of the primary functions of the Medical Assistant Board is to protect the
public from unqualified persons who attempt to practise the profession of
assistant medical officers or who pose potential harm to a patient through
unsafe practices.
The Medical Assistant Board Malaysia comes under the Laws of Malaysia Act
180 Medical Assistants (Registration) Act 1977. Assistant Medical Officer
Registration is a statutory body for assistant medical officers.
In the Laws of Malaysia, Act 180, Medical Assistants (Registration) Act 1977,
Ministry of Health, Malaysia, three provisions are listed, stating the ethical
obligations and duties of assistant medical officer.
There are four major ethical principles that should be considered, namely
autonomy, beneficence and non-maleficence, veracity and justice.
Marquis, B. L., & Huston, C. J. (1994). Management decision making for nurses:
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OR
Thank you.