Introduction
Good health care is what patients require though compromised by many medical practitioners especially where there are no legislations and polices in place to ensure that health systems adhere to the set standards. Many people may succumb to death due to substandard medical services provided my medical practitioners who are interested in making high profits on expense of their patients. Therefore, a regulatory board and a body that oversees issues pertaining to the health services is imperative if good medical services is to be achieved (Pozgar, 2009, p. 56). In the light of these expositions, the paper examines a legal case in the medical field committed by Robert Ray Courtney based on the rights and expectations of a patient receiving some health services.
Rights and Expectations of a patient
There are various rights and expectations that patients have when interacting with any organization, health facility or a person who is able to give medical prescription or treatment. A patient is entitled to a courteous and timely treatment upon visiting a medical practitioner. The medical professionals should administer the treatment in the fastest time possible in order to save the patient from further complications, which may result to complications. Furthermore, a patient is entitled to the right of suitable or good drugs proven to meet the standards recommended. The doctors too ought not to subject any patient to drugs, already interfered with by adding substances that may lead to further complications. A patient is also entitled to clear information about the drugs administered by the health officer, their uses and the expected side effects, if any (Torrey, 2009, Para. 3). Refusing to provide this information can amount to legal implications and questions on the implied intentions of the medicine prescriber. A patient has a right to confidentiality of any information he shares with an organization and to the medical practitioner given. The doctor has not right to disclose any patient’s information to a third party without the patients consent or otherwise it will contravene the right of the patient. A patient has a right to decide which people to visit him in the hospital clarifying how long the visitor should meet him. The patient has the right to appoint anybody as the next of kin to be his/her confidant during the time of admission and treatment. During this interaction, a patient has the expectation of receiving the best medical services that will enable him/her to recover from his ailments. A patient also expects a clear expectation of the clinical treatments and the risks that comes with it before accepting any treatment. Patients also require advice on how they should take care of themselves after their discharge from hospital in order to recover from their sickness. There are a times that a patient’s situation is beyond the doctor’s understanding. In such circumstances, the patient expects an advice on how to seek other medical opinions to get the best attention that will make him/her recover quickly. Based on the case provided, their stands the violation of some of the aforementioned rights and expectations.
Violated rights and expectations in the case
In the Robert Ray Courtney case, the rights and expectations of the patients were violated largely. It is the duty of doctors or pharmacists to provide better drugs to their patients. However, this is not the case for Robert, the medical officer. He dilutes drugs with other substances with the sole intention of increasing their volumes in order to get higher profits from the deal. He is more of a thief than a doctor: he faces accusations of interfering with over 90,000 prescriptions and more than 70 different drugs, which affected many lives of people who used his drugs and medications. For instance, he tampers and misbrands some of the drugs like Gemzar and Taxol and further weakening drugs like paraplatin and platinol conspiring in trafficking of drugs stolen filing vague medical care claims (Hansen, 2005, p. 4). These amounts to crimes in the health care, which violated the patient’s right to true information about the medicines, sub standard drugs, which caused harm to the patients. He therefore, violated the rights of the health care and especially those of his patients.
Role of a pharmacist, legal implication of the case and deciding factors
The pharmacists had a role of selling authentic drugs to his patients. He did not uphold to his role and therefore was irresponsible and guided by his own personal interests and selfish gains in expense of his patients. He contravened the right of the patients. Robert was sent to prison for a sentence term of 30 years for the offenses he did against the health of his patients. Therefore, the case concluded with Robert sent behind bars. This case was one of the serious cases reported in relations to violation of medical regulations. Even after appealing for a reduction in the sentence, the court denied the appeal due to the nature of the case: the accused had perpetrated this illegal business for ten years and has affected many patients’ lives. As a way of reducing the ever-escalating cases of medical fraud in Kansas, various legislations have been formulated by the congress to impose stiffer penalties to the perpetrators including life sentence.
In the Robert Ray Courtney case, the deciding factors of the sentence included; the acceptance of Kay himself to have involved in the crime leveled against him. He accepted that indeed he was involved in diluting and relabeling of the drugs. This admission led the district court making a landmark ruling, which exceeded the required period of sentence that was required. This led Robert to appeal in the court of appeal, which ruled that they were reaffirming the decision of the district court an appeal that has seen no changes made concerning the sentence. The drugs had also affected negatively the health status of his patients, which made his sentences to be that harsh. There were samples, which clearly showed that Robert indeed was participating in the business.
Punishment and the appeal
The punishment leveled to Robert Ray actually fits the crime. He contravened the professional ethics and the responsibility he had in providing the right medical prescriptions to his clients. He risked the lives of his patients for his own self-interest. The sentence could also serve as a precautionary measure to those medical practitioners who are intending or who are involved in such practices to refrain with immediate effect. Therefore, the sentence will serve as an example in bringing sanity to the health systems.
In this case, Robert filed an appeal in the court of appeal because of the decision of the district court. The appeal has not changed any thing as the sentence still applies.
Today, because of his actions, Robert is still in the prison for the crimes he committed as the sentence is for 30 years.
Result of the case in drugs dispensation
This case has really led to many changes in the procedures for dispensing of drugs to patients. Various regulations and laws have been enacted to prevent any further recurrence of such cases in the country. For instance, the congress has established the “Kansas Medicaid control act” which prohibits any one making a false claim knowingly with the intention to fraud the clients (Bennett, 2007, p.13). All these efforts in conjunction with FBI and FDA aim towards ensuring that all conditions relating to administering of drugs remain preserved to the latter. Drugs dispensed to the patients should have all the information relating to dosage, and any likely side effects of using it. These among other laws have been instituted in the healthcare systems to ensure the reduction of such criminal acts.
Conclusion
The case tabled illustrates the level of crimes committed in the health case systems under the scene. The patients are the immediate sufferers because of the evil practices. Therefore, it is important for the government to enact appropriate measures to prevent such businesses, as its repercussions are severe to the citizens and even to the economy at large. Urgent measures seem worth administering to those who perpetrate such business to discourage others from committing such crimes. Medical fraud cases should be dealt by administering severe punishment as illustrated to Robert in order to bring to an end such practices.
References
Bennett, M. (2007). Criminal Prosecutions for Medicare and Medicaid Fraud. Health Care Legislations, 2, pp.1-23.
Hansen, M. (2005). United States of America v. Robert Ray Courtney. The United States Court of Appeal, pp. 1-17.
Pozgar, G. (2009). Legal essentials of health care administration. Sudbury, MA: Jones and Partlett Publishers.
Torrey, T. (2009). The wise patient’s guide to rights and responsibilities. Web.