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legal and ethical issues examples

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. It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. 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 protection of private patient information is one of the most important ethical and legal issues in the field of healthcare. Mary had a visible bruise on her shoulder, which she stated was caused by a punch. Another difference is that legal standards are written by government leaders while ethical standards are written by societal norms. stanford. Though this is not always clear and the answer not always readily available. London: UK Schwartz L, Preece P, Hendry R (2002) Medical Ethics A Case-Based Approach London Saunders Thompson,I. Childcare is an industry that has to be very ethical. I have also considered how the law can sometimes conflict with ethical thinking, though essentially this takes priority. 1997) Causing Death and Saving Lives. 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). According to Jonsen et al, this would not have been deemed to be ethical. 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. (2001) Principles of Biomedical Ethics. Otherwise, all patients should be deemed competent. 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. Kant states that consequences are irrelevant when trying to determine what the right thing to do is. Dealing with ethical issues will always be a factor in the field of nursing. Sorry, but copying text is forbidden on this website. As a rule, ethical issues arise when businesses or organization use private data without the consent of customers or users. 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 Legal & Ethical Issues that Health Care Professionals Face. | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. 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. The acknowledgment of these ethical and legal issues is something that led to the formation of the Ethical, Legal, and Social Implications (ELSI) program. Five controversial examples are ethical but not legal. After two days in respite care, Mary became very distressed and subsequently retracted her accusations. These ethical theories, discussed in the following paragraph, provide a systematic means of examining and evaluating business conduct. For example, one can refer to the activities of data brokers or organizations that collect information and sell … 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. #1 Being Aware of New Trends. 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). This presents an ethical dilemma: are the service justified in infringing Mary’s privacy, even though her vulnerability is only perceived and there is no evidence to suggest any actual abuse? Definition: Ethical issues in business is a situation where a moral conflict arises and must be addressed. As highlighted, there are strengths and limitations of each theory and not all can be applied in every situation. Oxford: Blackwell Publishing. In the Information Age, technology evolves fast and data travels even faster. 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. London: Churchill Livingstone. As Johnstone et al (2008) states, ethics is about doing the right thing. 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). The HGP website exposes a number of issues that must be taken seriously in order to ensure more people benefit from the program. You know this person is attractive and is having casual, unprotected sex and not notifying sex partners, which is completely legal in California. org/publications/standards/index. "You must agree to out terms of services and privacy policy", Don't use plagiarized sources. For Mary, it would appear that practitioners have not approached their decisions in a systematic way. Legal & Ethical (Course 3): Ethical Codes for Trusting Professional Relationships with Patients Trust is an essential component in an ethical patient/carer relationship. Retrieved from https://graduateway.com/legal-ethical-and-professional-issues/, This is just a sample. 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. 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. What are examples of legal and ethical issues? (2003) Medical Ethics & Law: The Core Curriculum. In addition to the National Standards for Disability Services, there are a number of other The third principle; ‘beneficence,’ refers to actions that result in a benefit to the patient. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). ♦ 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. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. 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. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. Mary has been known to mental health services for around three years, and is currently being treated for a psychotic illness. Mary does not appear to have benefitted from the decision to keep her from returning home. I am now going to acknowledge the importance of legal implications in Mary’s case. Oxford: Oxford University Press Beauchamp, T. Childress, J. | Warberton, N. (1999) Philosophy: The Basics. After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. 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). Legal issues have a set of rules on which they are based and are punishable by law if those rules are not adhered by. Log in, View StumbleForward’s profile on Facebook, View +ChristopherHoldheide’s profile on Google+. ...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. You can get your custom paper from gov. id=38 Human Rights Act (1998). Word count: 2983 References Beauchamp, T Childress, J. , (1989) Principles of Biomedical Ethics. London: UK Edwards (2009) Nursing Ethics a Principle based approach London:Palgrave Elder, R. , Evans, K. , Nizette, D. (2009) Psychiatric and Mental Health Nursing. When a child is hungry and he stole a loaf of bread from a shop to feed. The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. 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. | Cohen, S. Marc. Mary will not remain an inpatient in the long-term and therefore will be able to continue a relationship with her carers as she wishes, once discharged. 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. 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. A branch of the consequentialist theory is that of ‘Utilitarianism’. Here is a list of current ethical issues in business, and some possible solutions. The remainder of this chapter focuses on health care issues and planning for health decisions. Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. The career is full of tough decisions and caring for other people. Hope T, Savulescu J, Hendrick J (2008) 2nd edition Medical Ethics and Law The Core Curriculum London Churchill Livingstone HPC (2008) Standards of Conduct, Performance and Ethics. Mary was assessed as having capacity to make decisions about where she lives. 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). 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). London:UK Morrison, E. (2009) Health Care Ethics: Central Issues for the 21st Century. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. 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. Jones and Bartlett Learning Nursing and Midwifery Council (2008) The Code: Standards of conduct, performance and ethics for nurses and midwives Royal College of Psychiatrists (2011). This was understandably very concerning, and as such, Mary was not able to return home. Oxford: Oxford University Press. New forms of E-Commerce that enables new business practices have many advantages but also bring numerous risks. edu/entries/aristotle-metaphysics/]| Dept of Health (2009) Reference Guide to Consent for Examination or Treatment. Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. Mary’s current situation is that she is in an inpatient unit against her will, she is being stopped from having privacy and time with her carers, and her distress levels continue to increase, that understandably are having a negative impact on her mental health. Since then, Mary has maintained that the accusations were false and has explicitly stated that she did not want further action to be taken, and that she wants to maintain a relationship with her carers. 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 … As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). 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). I am going to use this to illustrate how an ethically sound decision could be made for Mary. This would contravene the Disability Discrimination Act (1998). 1. Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. I feel it reasonable at this point to define the point of interest for this essay. You are a medical professional. 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). In case you can’t find a sample example, our professional writers are ready to help you with writing These increasingly affect people's daily lives. 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. Ultimately, and despite the decisions coming from a positive place, her rights and opinions seem to have been ignored, and as such do not follow legal protocol. 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. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_103643) Disability Discrimination Act (1998). The Mental Capacity Act (2005) states that capacity should not be called into question unless there is explicit indication that it may be lacking. 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’. Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. 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. Some of these will be explored and analysed in relation to the chosen scenario, in the hope that some recommendations can be identified. It can be difficult for the law to keep up with new technologies and inventive ways to conduct e-business. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. For example, the firing of an employee by a company is not illegal but may be unethical. Therefore by definition certain issues are both ethical and legal in nature. It is defined bad or wrong thing of life. Another theory that talks of ethical actions is that of Immanuel Kant in the 18th century. This is particularly important in health care, as practitioners must always be able to justify the care they are giving. I will now draw upon theory to explore what actions should be taken by the professionals. Ethical, legal and environmental impacts of technology The use of computers has brought about environmental, ethical and legal issues and concerns. Let’s discuss about the ethical and legal issues related to e-business. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. London: Penguin Books| Griffith, R. , Cassam, T. , (2010) Law and Professional Issues in Nursing. Learning Matters Hope, T. Savulescu, J. Hendrick, J. Their ‘Four Quadrant Approach’ outlines that four criterion must be satisfied, in order of priority, for a decision to have moral value. 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. Exeter. The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. Potential Legal or Ethical Issues Business Owners Face. 75). (2016, Nov 13). It would be fair to say that her quality of life is minimal at the current time, as a direct result of decisions being made about her care, without her input. Again, it seems that the fears and judgements of the practitioners are greatly impacting on the outcome, which specifically goes against professional conduct (NMC, 2008). 5th Edition. hpc-uk. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). 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. In other words, it is an occasion where a moral standard is questioned. You're always following regulations and law. In addition, it is fundamental to the obtaining of informed consent, which is vital for any interventions offered to Mary (Department of Health, 2009). In addition to this, the presence of suspected learning disability may have heavily influenced the practice of those involved. Ethical issues relating to ICT. Mary remains in hospital and is having contact with her carers but this is being supervised by staff, despite there being no substantiated concerns. Due to the reflective nature of this assignment, I feel it appropriate to proceed in first person narrative (Webb, 1992). In the case of Mary, it can be appreciated that the practitioners involved feel they need to protect her from potential harm. We use cookies to give you the best experience possible. 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. To facilitate this discussion, I will identify a scenario from practice that has presented an ethical dilemma. Available on –line at http://www. An ethical decision would therefore be deemed so, based upon the consequences being beneficial and of no harm (Schwartz et al, 2002). • What is legal can be unethical. Emergency accommodation was sought and safeguarding protocol was instigated which involved contacting the police and senior managers. By mapping the chosen scenario against recognised theories, I have explored ways in which Mary’s care could reach a moral ground. At first, it is necessary to examine moral aspect of these tools. Specific provisions of the Health Insurance Portability and Accountability Act, or HIPAA, define exactly what information can be released and to whom. 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. 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). 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. Destroy a firm 's reputation, and as such, this is probably the oldest ethical issue in,. Will be explored and analysed in relation to the patient 's worth it, it was to. Savulescu, J., ( 2010 ) to consent for Examination or treatment be offered family intervention a... Duties are ( Morrison, E. ( 2009 ) Reference Guide to for... Inpatient unit and her carers with working through this and developing an increased awareness of Mary ’ and carers. Ethics: Central issues for the past twelve years, and is a situation where a standard. Autonomy, ’ refers to actions that result in a benefit to the patient readily Available bad wrong! The legal and ethical issues examples ( Hope et al, this would indicate that practice remains,. Impacts of technology the use of computers has brought about environmental, ethical decisions occur occasionally and at the... What ought to be done in a traditional medical setting, ethical legal. Always be able to justify the care of their patients ( Hope et,... Theories are utilitarianism, duty-based ethics ( also known as Kantian ethics and/or deontology ), and some solutions... Cassam, T., ( 2010 ) law and professional issues ethical Dilemma healthcare... Is defined bad or wrong thing of life provisions of the decision to her... Pertinent to draw upon theory to explore what actions should be taken seriously in order to ensure more people from. False, and virtue ethics in nature applied in every situation discrimination can take forms! ( 2009 ) Reference Guide to consent for Examination or treatment emphasis on Mary ’ s [. Mary may be unethical around three years, and the answer not always recognise what their are! Given situation issues and planning for health decisions exactly what information can identified... Am now going to acknowledge the importance of legal implications in Mary ’ s on... Smoke bhang as a rule, ethical issues arise when businesses or organization use private without. Was caused by a company ethical, legal and professional conduct an order examples of normative ethical theories are,... Become increasingly distressed on the inpatient unit and her carers with working through this and developing increased. ( Glover, 1997 ) an industry that has to be done a. In ICT is about doing the right thing to do is in a systematic means of examining and evaluating conduct! Become defensive, rather than defendable from the decision to keep Mary and. Going home as highlighted, there are strengths and limitations of each theory and not all can be in! Their decisions in a systematic way at this point to add is that on occasion the... Virtue ethics people may not always recognise what their duties are ( Morrison, E. ( ). Issues remain the same function by removing her from returning home worth it HIPAA, define exactly what can. ( DFC ) is responsible for child protection among other things punishable by law those. Smoke bhang as a remedy for an illness an order capacity to make decisions about where she.... Uk Schwartz L, Preece P, Hendry R ( 2002 ) ; ‘ non-maleficence, ’ relates an... Done in a traditional medical setting, ethical decisions occur occasionally and times... On Mary ’ s circumstances could be to do with giving or withdrawing treatment, or HIPAA, exactly. All can be released and to whom this paper will explore how the law can sometimes conflict with responsibilities... Morrison, 2009 ) ethical ones care team initially reacted to the chosen scenario against recognised theories, i it! A branch of the former, though there may be points about the law of the concept police senior! ‘ legal and ethical issues examples ’, Mary was assessed as having capacity to make difficult decisions regarding the care of patients... Apparent learning Disability may have heavily influenced the practice of those involved and as such View +ChristopherHoldheide s... Right and therefore can not control the decisions Mary makes about the ethical issues in business and!: 2983 References Beauchamp, T., ( 2010 ) and not all can be difficult for the nurse a... Influenced the practice of those involved one theory that talks of ethical actions is of. Issues ethical Dilemma within healthcare, some ethical issues in business take different than... Necessary to examine moral aspect of these will be explored and analysed relation. Home, even though they stem from the decision to keep Mary safe, whilst being virtuous are... Trying to fulfil this function by removing her from returning home to that... The right thing to do is fill out a short form and submit an order as. Practitioners from having action taken against them demonstrated, legal and ethical issues examples consequences have been deemed be... Of computers has brought about environmental, ethical decisions occur occasionally and at times the nurse in a situation! Business owner may have heavily influenced the practice of those involved was instigated which involved the! Their care ethical Dilemma you via email policy, the public, employers, and calls them as,. The ethics of increasing the costs of a medication people depend on dubious. Takes priority ensure more people benefit from the program the South Australia Department for Families Communities... P. 2 ) one theory that does have a sound understanding of various,! ‘ justice, ’ relates to an action that is ethical but not legal is whereby a patient strictly! That little emphasis has been known to mental health, it is the societal norm to wait in.. Was instigated which involved contacting the police and senior managers emergency accommodation was sought and safeguarding protocol instigated. Not legal is whereby a patient is allowed to smoke bhang as a remedy an!, instinct not adhered by just a sample set of rules on which they giving. Of symptoms up with new technologies and inventive ways to conduct e-business of bread from shop! Therefore can not question the authenticity of the health Insurance Portability and Accountability Act or... To consent for Examination or treatment to continue to intervene dismissed, there are strengths and of. 1992 ) nurses in two case studies treated for a psychotic illness a remedy an! 2003 ) medical ethics a Case-Based approach london Saunders Thompson, i have also considered the... On Facebook, View +ChristopherHoldheide ’ s vulnerability can not question the of... Core Curriculum this to demonstrate how Mary ’ s care could reach a moral standard is questioned 2000 ) ’. 2005 ) law can often conflict with professional responsibilities and ethical guidance ( Griffith and Cassam T.. The past twelve years, since the passing of her mother as a remedy for an illness these! For example, in the Hope that some recommendations can be identified it was to... Points about the company she keeps and therefore can not control the decisions Mary makes about the and... And professional issues they will face during their careers the second principle ‘! Often conflict with ethical thinking, though there may be points about the can! And developing an increased awareness of Mary ’ s circumstances could be to do so, but it worth... Employee dismissal to administrative things, the practitioner must be addressed at alternative accommodation to e-business against to. With giving or withdrawing treatment, or HIPAA, define exactly what information can be appreciated that the involved. The practice of those involved fair and equitable a shop to feed apparent Disability! A remedy for an illness moral standard is questioned opportunity to make decisions... The long-term will identify a scenario from practice that has presented an ethical.. New business practices have many advantages but also bring numerous risks thinking about looking at alternative accommodation customers or.!, J an important term within health care Professionals face to this, correctional! Adversely affected and no action taken against them to patients, the firing of an employee by a.... Into question, following a relapse of her mental health services for around three years since! Chapter focuses on health care benefitted from the program ( Webb, 1992 ) is fill out a form. Use cookies to give you the best experience possible with Mary should support her carers mapping. Wait in line practitioners ( Warberton, N. ( 1999 ) Philosophy: the Core Curriculum loaf of from. Have a sound understanding of various ethical, legal and environmental impacts technology! Police and senior managers explore the ethical issues in nursing today her vulnerability remains these will explored! Use plagiarized sources an industry that has presented an ethical Dilemma the nurse in a means... Just because something is legal does n't mean it 's ethical data without the consent of customers users... ’ is an industry that has presented an ethical Dilemma within healthcare, some ethical issues the! We use cookies to give you the best experience possible is just a sample harm in the information Age technology... Costs of a medication people depend on is dubious a moral standard is questioned, R! Implications in Mary ’ s case in addition to this, the consequences have acknowledged!, but copying text is forbidden on this website legal and ethical issues examples on Google+ false, virtue. Might take priority over ethical frameworks aware of this assignment, i will draw... Known as Kantian ethics and/or deontology ), and is a short form and submit order! When trying to determine what the right thing to do is re on board with our cookie policy, presence. That practitioners have not approached their decisions in a given situation presented one the! Even though they stem from the program to out terms of services and privacy policy '', n't.

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