legal and ethical issues examples

Mary is suspected to have a learning disability, though formal assessment of this has not been available, as Mary has moved around the country a great deal throughout her life. This can be applied within a wider context, and could be used when thinking about how to allocate resources, for example (Johnston, 1999). The career is full of tough decisions and caring for other people. It would appear that they are trying to fulfil this function by removing her from the home. ‘Ethics’ is an important term within health care (Edwards, 2009). Legal & Ethical (Course 3): Ethical Codes for Trusting Professional Relationships with Patients Trust is an essential component in an ethical patient/carer relationship. Another theory that talks of ethical actions is that of Immanuel Kant in the 18th century. After two days in respite care, Mary became very distressed and subsequently retracted her accusations. A technological innovation is followed by frequent incorporation of ethical standards into law. The third point looks at quality of life. According to Jonsen et al, this would not have been deemed to be ethical. I will use this to demonstrate how Mary’s circumstances could be applied and resolved. In addition, people may not always recognise what their duties are (Morrison, 2009). As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. It is also important to point out that Mary’s carers are also vulnerable in the sense that they have been accused of such an act. In other words, it is an occasion where a moral standard is questioned. Definition: Ethical issues in business is a situation where a moral conflict arises and must be addressed. Here is a list of current ethical issues in business, and some possible solutions. An urgent outpatient appointment with the consultant psychiatrist was arranged and Mary was subsequently admitted to hospital due to relapse of symptoms. However, this is a short term measure and does not address the issue of Mary’s vulnerability. Mary stated that the disclosure was false, and had been the result of commanding auditory hallucinations. In addition to this, the presence of suspected learning disability may have heavily influenced the practice of those involved. Having been assessed by the Consultant Psychiatrist, Mary has been deemed to have the capacity to make decisions about where she lives (Mental Capacity Act 2005), though this has not been acknowledged and she is going to be placed in supported accommodation. I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. Log in, View StumbleForward’s profile on Facebook, View +ChristopherHoldheide’s profile on Google+. While the industry has changed in recent years due to modern healthcare, some ethical issues remain the same. "You must agree to out terms of services and privacy policy", Don't use plagiarized sources. Practitioners cannot control the decisions Mary makes about the company she keeps and therefore her vulnerability remains. (2001) Principles of Biomedical Ethics. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). Mary has been known to mental health services for around three years, and is currently being treated for a psychotic illness. This action is ethical because a child is hungry and he wants something to eat but this is illegal because stealing is illegalized throughout the world. This is where the practitioners involved could be called into question. Here are the 10 most common ethical issues in nursing today. For example, one can refer to the activities of data brokers or organizations that collect information and sell … We use cookies to give you the best experience possible. Nurses are highly accountable to patients, the public, employers, and the entire profession. Because of this, the law often lags behind, and lawmakers end up drafting laws to … The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. The ethical issues in business take different shapes than in schools or the home, even though they stem from the same impulses. Though, this would indicate that practice has become defensive, rather than defendable. All you need to do is fill out a short form and submit an order. That said, it does place emphasis on the needs and wishes of patients, and therefore is particularly applicable within health care (Beauchamp and Childress, 2001). This paper will explore the ethical and legal issues encountered by nurses in two case studies. Mary had a visible bruise on her shoulder, which she stated was caused by a punch. Elsevier: Australia Fry, S. , Johnstone, M. J. , (2008) Ethics in Nursing Practice; A Guide to ethical decision- making 3rd ed London: Blackwell Publishing Gillon, R. , (1994) Medical Ethics: four principles plus attention to scope BMJ 309: 184Glover, J. 1. For example, a medical company called Turing Pharmaceuticals increased the cost of a drug by 5,000 percent in order to increase its profits, according to CNN Money. You're always following regulations and law. | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. Mary’s care team initially reacted to the potential safeguarding issue appropriately. He proposed that individuals should strive to behave in a virtuous manner, and that when achieved this would allow them to know what would be the right thing to do (Cohen, 2000). Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. Though, it makes basic sense to assume that if one aims to be a ‘good’ person, they are likely to make decisions that they intend only to do ‘good’. Help, Use multiple resourses when assembling your essay, Get help form professional writers when not sure you can do it yourself, Use Plagiarism Checker to double check your essay, Do not copy and paste free to download essays. (2016, Nov 13). Ethics regards standards of moral judgement and professional conduct. 75). • What is legal can be unethical. Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. Taylor and Francis Group Webb, C. (1992) ‘The use of the first person in academic writing: objectivity, language and gate, Legal, Ethical and Professional Issues. London: Sage Publications Mental Capacity Act (2005). Get Your Custom Essay on, By clicking “Write my paper”, you agree to our, By clicking Send Me The Sample you agree on the, Legal Ethical & Professional Issues In Counselingg, Professional, Ethical & Legal Issues in Nursing Practice, Ethical, Professional and Legal Issues in CCTV Surveillance, The legal, ethical and professional dimensions of the Operating Department Practitioner (ODP), https://graduateway.com/legal-ethical-and-professional-issues/, Get your custom You can get your custom paper from ♦ Ethical issues which are involved in social media use can be found on different social networking sites especially those which do not care about the privacy of their users unlike other large companies such as Microsoft, Google, Twitter and Facebook which have privacy policies for their users. It takes effort to keep a company ethical, but it's worth it. Though it is widely popular, the consequentialist perspective fails to identify how subsequent contentment can be measured, and does not account for unpleasant side effects experienced by those who are not content (Thompson et al, 2000). The final principle; ‘non-maleficence,’ states that practitioners should not do harm in the course of their work. The Mental Capacity Act (2005) states that capacity should not be called into question unless there is explicit indication that it may be lacking. London: UK Schwartz L, Preece P, Hendry R (2002) Medical Ethics A Case-Based Approach London Saunders Thompson,I. 1997) Causing Death and Saving Lives. Another circumstance that is ethical but not legal is whereby a patient is allowed to smoke bhang as a remedy for an illness. Ethical in ICT is about rights and duties (Kallman and Grillo 1996, p. 2). Though this is a simplistic explanation, the essence of Aristotle’s perspective appears somewhat idealistic and archaic. Digital Imagery: Legal and ethical issues Executive Summary The purpose of this report is to analyses the legal and ethical issues associated with the changes in digital image tech analogies. I am now going to acknowledge the importance of legal implications in Mary’s case. Schizophrenia. Learning Matters Hope, T. Savulescu, J. Hendrick, J. However, we must consider that patients with a psychotic illness typically experience either delusional beliefs or hallucinations, or both, and therefore at times the content of their conversation is likely to be removed from reality (Royal College of Psychiatrists, 2011). During a routine visit with her care coordinator a few months ago, Mary became very tearful and disclosed that she had been suffering verbal and physical abuse from both carers. Just because something is legal doesn't mean it's ethical. ...Ethical and Legal Issues Paper Christel Rockwood NURS/391 March 11, 2014 Renee Martin-Thornton Ethical and Legal Issues Ethics is an integral part to nursing practice. This will hopefully bring about a situation where Mary’s care is justifiably ethical, legal and positive for her and her carers. Ethical issues occur when a given decision, scenario or activity creates a … In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. This would also ensure that practice remains legal, and protect the practitioners from having action taken against them. The remainder of this chapter focuses on health care issues and planning for health decisions. To reach a more acceptable level, I feel that it should be a priority for Mary to be referred for an advocate; for her and her carers to be offered psychological intervention and psycho education, so that vulnerability can be address; and for Mary to be housed somewhere near to her family, in a place that will support her to develop her independence and coping skills. I am going to use this to illustrate how an ethically sound decision could be made for Mary. It was legal to do so, but the ethics of increasing the costs of a medication people depend on is dubious. When a child is hungry and he stole a loaf of bread from a shop to feed. Another difference is that legal standards are written by government leaders while ethical standards are written by societal norms. Ethics is a one type of rules or regulations which guide individuals to make decisions of moral question of whether an action is right or wrong. It would be reasonable to say that Mary has suffered harm, by way of having an extended hospital admission whilst accommodation is sought; that the relationship with her carers is tainted; that she has remained unsettled and acutely distressed at times, whilst being on the ward. If you need this or any other sample, we can send it to you via email. The advancement of stem cell research, for example, brought with it a host of ethical and legal implications for scientists and politicians supporting it. The presence of any disability may prevent Mary from retaining or understanding information that is presented to her, and therefore the practitioners have a responsibility to adapt the way they present this information (Caulfield, 2005). Since the introduction of the Human Rights Act in 1998, the practitioners may be acting illegally, as their actions may contravene article 8, which give people a right to privacy. The American Code of Ethics for Nurses (ANA) with interpretive statements acts as a guide for professional conduct by outlining the ethical values of the profession. This is particularly important in health care, as practitioners must always be able to justify the care they are giving. In combination, the use of ethical frameworks, guidance from the law and professional accountabilities should prove to be the best way of delivering care (HPC, 2008). your own paper. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. What are examples of legal and ethical issues? In addition to the National Standards for Disability Services, there are a number of other Below, we outline a few of the legal and ethical issues that can affect a business, and how you can prevent them from being problems in the first place. An ethical decision for Mary using the Utilitarianism approach would be one which allows for most of the involved parties to be comfortable and content (Melia, 2004). Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. London: Penguin Books| Griffith, R. , Cassam, T. , (2010) Law and Professional Issues in Nursing. They are able to justify the potential stress that Mary is placed under by considering that she may be caused further harm were she to return home. , Melia, K. , Boyd, K. , (2000) Nursing Ethics London: Chirchill & LivingstoneTilley, S. Watson, R. (2004) Accountability in Nursing and Midwifery. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_103643) Disability Discrimination Act (1998). Exeter. In the Information Age, technology evolves fast and data travels even faster. However, I must point out that, in accordance with university and professional guidance, the confidentiality of patients, colleagues and services will be protected throughout (Nursing and midwifery council, 2008). 5th Edition. For example, the firing of an employee by a company is not illegal but may be unethical. There does not appear to be any of the former, though there may be points about the law that have been overlooked. org/publications/standards/index. In addition to the marketing, financial, human resources and other challenges small-business owners face, legal and ethical issues of operating a business loom as another stumbling block. One theory that does have a workable approach is that of Beauchamp and Childress’ (1989) ‘Four Principles’. Available on –line at http://www. In Mary’s case, her autonomy has been ignored – she would like to be able to return home to live with her carers and would like unsupervised contact with them, but this has been denied. Retrieved from https://graduateway.com/legal-ethical-and-professional-issues/, This is just a sample. In the case of Mary, it can be appreciated that the practitioners involved feel they need to protect her from potential harm. id=38 Human Rights Act (1998). His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. Childcare is an industry that has to be very ethical. Ethical Issues The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. Oxford: Oxford University Press. You know this person is attractive and is having casual, unprotected sex and not notifying sex partners, which is completely legal in California. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. A branch of the consequentialist theory is that of ‘Utilitarianism’. In addition to that, there is a situation that relates to ethical and legal issues focusing on a patient being forced to a drug or a test contrary to … Whilst the ‘Four Principles’ theory is inclusive and straightforward to use, it does not recognise all elements that may occur within an ethical dilemma, such as cultural or religious needs (Jonsen et al, 1992). This would contravene the Disability Discrimination Act (1998). This article will examine some of the ethical and legal issues correctional nurses must address in their practice. An opposing perspective is that of ‘Consequentialism,’ which places great emphasis on the potential outcomes of a decision (Gillon, 1994). London: The Health Professions Council. Kant states that consequences are irrelevant when trying to determine what the right thing to do is. An ethical decision would therefore be deemed so, based upon the consequences being beneficial and of no harm (Schwartz et al, 2002). London: DH (Available on-line at http://www. Essay, Ask Writer For Health care professionals continually face ethical and legal issues in the workplace, putting them at … This also places weight upon the consequences of a decision, and aims to achieve the greatest good for the greatest number (Schwartz et al, 2002). Emergency accommodation was sought and safeguarding protocol was instigated which involved contacting the police and senior managers. dh. As highlighted, there are strengths and limitations of each theory and not all can be applied in every situation. It can be difficult for the law to keep up with new technologies and inventive ways to conduct e-business. In case you can’t find a sample example, our professional writers are ready to help you with writing By mapping the chosen scenario against recognised theories, I have explored ways in which Mary’s care could reach a moral ground. I have also considered how the law can sometimes conflict with ethical thinking, though essentially this takes priority. However, they also have a duty to build a therapeutic relationship with Mary and her carers and this could potentially be damaged by the oppressive actions that have been taken. (2000) Aristotle’s Metaphysics [Available online at: http://plato. It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. Some of these will be explored and analysed in relation to the chosen scenario, in the hope that some recommendations can be identified. Mary has lived with two carers for the past twelve years, since the passing of her mother. As Johnstone et al (2008) states, ethics is about doing the right thing. This is obviously concerning enough that action is being taken to prevent her from going home. Oxford, Oxford University Press Beauchamp D, Steinbock B (1999) New Ethics for the Public’s Health New York Oxford University Press Campbell, A. Gillet, G. Jones, G. (2005) Medical Ethics 4th Ed. 8.1 Legal and ethical frameworks Approximate duration: 25 minutes Trainer’s note: Consider collecting some examples of codes of conduct and codes of ethics from service providers and/or industry bodies to help inform this section of the training. London: UK Edwards (2009) Nursing Ethics a Principle based approach London:Palgrave Elder, R. , Evans, K. , Nizette, D. (2009) Psychiatric and Mental Health Nursing. As a rule, ethical issues arise when businesses or organization use private data without the consent of customers or users. This theory goes some way towards explaining how a decision may be deemed ethical if a practitioner believes it is the right thing to do, and that it falls in line with their own moral code, which seems to have been the case with Mary. It would appear that little emphasis has been placed on longer-term plans or consequences, apart from thinking about looking at alternative accommodation. gov. Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). Oxford: Blackwell Publishing. The last point that Jonsen et al makes is that the decision must be looked at in the context of wider issues, such as cultural or religious influences, or legal implications. Together, these legal tools help direct and manage property and health care decisions in accordance with a person’s wishes when the person no longer has the ability (capacity) to make decisions. edu/entries/aristotle-metaphysics/]| Dept of Health (2009) Reference Guide to Consent for Examination or Treatment. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. The four main parameters of ethics frameworks. Oxford: Blackwell Publishing. The first of their points is that there must be an indication for medical intervention; that is that practitioners should have cause to act in the first place. In this situation, I think the practitioners would struggle to do this, as the main motivator seems to be based on perceptions, rather than facts. As such, this requires that practice is in accordance with the law of the land (Hope et al, 2003). Oxford: Oxford University Press Beauchamp, T. Childress, J. Recent headline-making ethical issues, particularly those tied to discrimination and sexual harassment, have shed light on unethical conduct in the workplace and how these ethical lapses can permeate employee relations, business practices, and operations. Though, despite having been supposed to have this capacity, her autonomy was overlooked regardless. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). London: UK Johnston M, (1999) 4th Edition Bioethics A Nursing Perspective London Churchill Livingstone Jonsen, Siegler and Winslade; Clinical Ethics: A Practical Approach to Ethical Decisions in Clinical Medicine (3rd edition McGraw-Hill 1992) Melia, K. (2004) Health Care Ethics. Mary does not appear to have benefitted from the decision to keep her from returning home. This is probably the oldest ethical issue in business. The South Australia Department for Families and Communities (DFC) is responsible for child protection among other things. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. There have been many theories that attempt to take a systematic approach to reaching a decision from an ambiguous situation, and these date back to BC350, with the work of Aristotle (Cohen, 2000). And, ultimately, it would be impossible for any practitioner to predict the exact outcome of their ctions, which undermines the purpose of the theory (Hope et al, 2008) A modern approach to ethical decision-making was devised by Jonsen et al in 1992. It is defined bad or wrong thing of life. In Mary’s case, it seems unjust that both she and her carers are seemingly being punished for a claim made during a time when she was unwell. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. (2003) Medical Ethics & Law: The Core Curriculum. Mary remains in hospital and is having contact with her carers but this is being supervised by staff, despite there being no substantiated concerns. Safeguarding was closed and no action taken by police. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). #1 Being Aware of New Trends. Conversely, should Mary be allowed to return to her home, she could be subject to harm by carers, for which the practitioners would then have to carry some responsibility. Equal pay for both genders. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. For example, in the U.S., it is the societal norm to wait in line. Five controversial examples are ethical but not legal. our expert writers, Copying content is not allowed on this website, Ask a professional writer to help you with your text, Give us your email and we'll send you the essay you need, Please indicate where to send you the sample, Hi, my name is Jenn stanford. Discrimination can take many forms and can happen for many reasons. For example, while confidentiality is an ethical concept that often serves to protect the client or patient and privilege is a legal term of art that refers to a client’s statutory right to have confidential information protected, for our purposes making a distinction between the two can simply be arbitrary. asp? Though a practitioner may feel that they are practicing in a morally ‘right’ way, and that it is for the benefit of those involved, it may not necessarily fall in line with the law. The acknowledgment of these ethical and legal issues is something that led to the formation of the Ethical, Legal, and Social Implications (ELSI) program. Legal & Ethical Issues that Health Care Professionals Face. Mary was assessed as having capacity to make decisions about where she lives. I feel it reasonable at this point to define the point of interest for this essay. part a: term paper questions & answers – legal and ethical issues in childcare 1)Record the relevant government agency that deals with child protection in your state – South Australia. This places little emphasis on Mary’s personal views and feelings however, and is a drawback of the concept. So, although useful in guiding problem-solving, they must not be the only consideration. You are a medical professional. In contrast, the correctional nurse may face ethical situations daily. The protection of private patient information is one of the most important ethical and legal issues in the field of healthcare. For Mary, it would appear that practitioners have not approached their decisions in a systematic way. At first, it is necessary to examine moral aspect of these tools. An ideal outcome would be that Mary is appointed an advocate, so that she aware and able to express her opinions and concerns about her care. Common examples of normative ethical theories are utilitarianism, duty-based ethics (also known as Kantian ethics and/or deontology), and virtue ethics. | Cohen, S. Marc. This is also stated within the professional code of conduct, and is placed at the essence of nursing skills. Specific provisions of the Health Insurance Portability and Accountability Act, or HIPAA, define exactly what information can be released and to whom.

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