W 3 Legal Topic Essay Example | Topics and Well Written Essays - 500 words - 1

W 3 Legal Topic - Essay Example use managed care organizations have over the years served as a consortium of organizations that use various managed care techniques to bring both affordable care and quality care to care users (Svorny, 2011). Whiles playing their role, there ethical and legal responsibilities that managed care organizations become bounded to. From the article of Leslie (1994), it would be noted that the application of ethical and legal principles go hand in hand. When arguing for whether or not managed care organization must be shielded from liability when utilization review results in an adverse event, it is important to consider both sides of the argument, namely ethical and legal. From an ethical perspective, one would notice that once managed care organizations agree to be responsible for the health care of patients, they set delimitations that have to with the fact that they do not become the direct care givers. Rather, the managed care organizations employ the services of health care service providers to give care. Meanwhile, adverse event can be noted to be a health risks that occurs at the point of reception of care. According to the National Health Directorate, adverse event is considered an ethical issue that occurs at the time of receiving care from a professional (Kesselheim and Brennan, 2013). What this means is that when utilization review results in an adverse event, it is the professional health care provider that is to blame rather than the facilitator of the care. From this perspective, it can be argued that indeed managed care organization need to be shielded from ethical based liabilities that has to do with adverse event. From a legal perspective also, it is always important to ask the question of what the regulations state (Leslie, 1994). Leslie (1994) actually noted that the contractual provisions of managed care organizations set an indemnity clause that attempts to establish their lack of liability. The basis for this legal provision is that in most of