...Ethical and Legal Issues in Nursing NUR/391 Ethical and Legal Issues in Nursing As nurses, it is our duty to advocate for our patients. At times, we are faced with personal and professional challenges that impact how and when we chose to advocate. It is imperative we have a healthy awareness of these potential challenges. Improvements in health care technology have provided patients with an array of treatment options as well as assumed or possible increased chance of survival. As a result, nurses are met with a rise in ethical decision making. This paper will discuss the legal, ethical, social, and personal factors that can impact our decision making process, with the focus on two specific case studies. American Nurses Association Code of Nursing Ethics Role in Practice The American Nursing Association (ANA) has created a set of ethical standards for the profession of nursing to abide by, which is entitled the ANA Nursing Code of Ethics. The ANA Code of Ethics states that collaboration is central to the care nurses deliver and to their ethical commitment to the patient (Garity, 2005). In the end-of-life case study, the nurse (she) has an unwritten obligation to the patient; the family appears to be in conflict with how to proceed with the patient's medical treatment. The medical team has an obligation to give the family all of their options and possible outcomes. If the family remains in conflict, it would then be appropriate for her to refer the family to...
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...Ethics Case Study HCS478 January 6, 2010 Barbara Scheibe, RNC, MSN Ethics Case Study Healthcare professionals are faced with ethical dilemmas and issues on a regular basis especially in the emergency department. The purpose of this paper is to identify ethical issues within a case study. This case study involves an eight month old infant who presents to the emergency department with injuries. After arriving at the emergency department it is noted that the infant has bilateral fractured femurs. The ethical issue identified within this case study is the possibility of child abuse by either the mother or a worker at the daycare facility. The nurse makes notes of her concerns within the patients chart as well as verbalizes concern to the emergency room physician regarding the injuries to the infant. It appears to be a lack of follow-up with these concerns so this presents an ethical issue. There are eight ethical principles that a nurse should learn to apply to each situation that he or she feels there is an ethical decision that needs to be made. The eight principles to apply are autonomy, beneficence, nonmaleficence, veracity, fidelity, justice, paternalism, and respect for others (Guido, 2010). Within the nursing field advocacy plays a critical role in keeping the patients safe throughout their encounters with the health care system (Beyea, 2005). One of the conflicts noted in the situation listed is, more research should have been conducted to investigate...
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...Ethical and Legal issues in Nursing The nursing profession is very complex. Every day nurses deal with patients and medical care. There are some days when ethics and legal issues play a role. We were given examples of the legal complexities of nursing through two case studies we were to evaluate. For this paper we will discuss the legal responsibilities of nursing, how personal and societal values can influence ethical decision-making and how the ANA’s Code of Nursing Ethics would influence the final decisions. Legal Responsibilities of Nurses Nursing boards are governmental state agencies responsible for regulating the nursing practice. A nursing license obtained through state nursing boards validates that nurses have met standards for providing high quality care. Nurses are legally held accountable for administering medications accurately, educating patients and public on health issues, advocating for the patient regarding health care, and serving as a liaison between the patient and the physician. Professional standards are determined by Standards of Practice Acts and the American Nurses Association’s Code of Ethics. As professionals, nurses must also be familiar with ethical responsibilities and protect the rights of their patients and families. As the definition of liability has continued to expand through the judicial system, courts of laws have placed higher standards on the profession of nursing. Many times professional...
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...Ethical and Legal Issues in Nursing Team C NUR/391 Ethical and Legal Issues in Nursing Nurses face various ethical and legal issues in the medical setting. As professionals, nurses must be aware of these legal and ethical issues when they occur. Nurses have a legal and ethical obligation to respond to these issues. Being a professional nurse requires a nurse to assess the pros and cons of different situations, but also to withhold their personal beliefs and listen and respect the beliefs and traditions of others. Legally Nursing implications require nurses to maintain licensure, obey state and federal laws and to remain within their scope of practice. Within these legal and ethical issues the American Association Code of Nursing ethics, personal and societal values, legal aspects and legal responsibilities all affect decisions. Two different cases will be discussed and explored; an advance directive case involving a woman by the name of Marianne, and a malpractice case involving a nurse and the involved healthcare organization. The American Nurses Association Code of Nursing Ethics can influence the final decision made in the case study involving Marianne’s family by designating a surrogate. According to "American Nurses Association" (2011), “The nurse supports patients self-determination by participating in discussions with surrogates, providing guidance, referral to other resources as necessary, and identifying and addressing problems in the decision-making...
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...Implementing ethico-legal issues in nursing practice. Caldwell, E., Lu, H., & Harding, T. (2010). Encompassing multiple moral paradigms: a challenge for nursing educators. Nursing Ethics 17(2), 189-199. Retrieved August3, 2010, from Health Source: Nursing/Academic Edition Database. Aim: As society becomes increasingly globalised, it is imperative to include international educational perspectives in the nursing profession (Robinson, Sportsman, Eschiti, Bradshaw and Bol, (2006). Caldwell, Lu & Harding (2010) argue that the quality of nursing care necessitates nurses to reflect on nursing ethics in relation to their individual principled way of life. Cadwell, Lu & Harding (2010) paper explores these ideas. Summary: The fundamental nature of professional development implies personal development (Glen, 2005). ‘Encompassing multiple moral paradigms: a challenge for nursing educators’, is an in-depth analysis of nursing ethical dilemmas; the efforts that are undertaken to implement professional development through reflection, self-monitoring and self-control; and the challenges for nurse educators to integrate the syllabus into real-life clinical practice situations. Caldwell, Lu & Harding (2010) study analyses nursing ethics, Chinese ethical philosophies, and Judeo/Christian traditions as they endeavour to demonstrate the real-life issues of morally conflicting situations in nursing practice within these groups and the possible legal consequences. Relevant to topic yes/no...
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...face many ethical dilemmas in the delivery of patient care. What can or should be done for the patient versus the wishes of the patient’s physician conflicting with the personal beliefs the nurse holds to be true. The client’s wishes may conflict with the institutional policies, physician professional opinion, the client’s family desires, or even the laws of the state. According to the nursing code of ethics, the nurse’s first allegiance is to the client (Blais & Hayes, 2011, pg. 60). The ethical ideals of each nurse must be weighed with the laws of the state along with providing the most ethical care for the patient. The advancements in medical technology make it possible to sustain a patient life where previously there was no hope of recovery. These advancements have put nurses in the forefront of decision making begging the question “just because we can, should we” to be answered. Nurses need to understand the legalities involved with these new technologies to practice safely and effectively. Scientific achievements have opened new ground for nursing exploration. 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. 75). This paper will explore the ethical and legal issues encountered by nurses in two case studies. The American Nurses Association Code of Nursing Ethics could influence a final decision in each case study that was...
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...Ethical and Legal Issues Ethical and Legal Issues Faced with ethical and legal decisions on a daily basis, nurses must at times make some pretty tough decisions including how to proceed with care for an incapacitated patient with no advanced directive or how to proceed when called upon to testify against a current employer. The American Nurses Association Code of Nursing Ethics is one of the main tools available for the nurse to utilize when it comes to making these tough decisions. The nurse may apply personal values as well as societal values to these cases in order to come to a sound, ethical decision. The legal aspects of each of these cases can have a profound effect on the continuing career of the nurse, a thorough evaluation is necessary to protect all involved. Finally, the nurse also carries a legal responsibility to her profession, workplace, patients, and self. Ethical and legal decision-making are complex but after a thorough assessment, the nurse can continue to make an ethically and legally sound judgment on how to proceed. Influence of the ANA Code of Nursing Ethics The ANA Code of Nursing Ethics is the first reference when deciding how to proceed with an incapacitated patient who has no advanced directive or how a nurse should react when called upon to testify against an employer in a negligence or malpractice case. This code, designed to assist the nurse in maintaining his or her ethical integrity as well as protect the nurse...
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...Running Head: Ethical and Legal Issues Paper Learning Team A 1 Ethical and Legal Issues Paper NUR 391 University of Phoenix Francesca Beebe, Amanda Carvalho, Ricci Cornell, Shannon King Ethical and Legal Issues Learning Team A 2 Ethical and Legal Issues Paper How can the American Nurses Association (ANA) Code of Ethics influence a final decision in each of the case studies: Case Study A: End of life, Case Study B: Nursing Negligence? In regard to Case Study A, the ANA has a clearly stated position on end of life care and initiating a Do Not Resuscitate (DNR) with end of life decision making. It states, “Nursing care is directed toward meeting the comprehensive needs of patients and their families across the continuum of care. This is particularly vital in the care of patients and families at the end of life to prevent and relieve the cascade of symptoms and suffering that are commonly associated with dying. Nurses are leaders and vigilant advocates for the delivery of dignified and humane care. Nurses actively participate in assessing and assuring the responsible and appropriate use of interventions in order to minimize unwarranted or unwanted treatment and patient...
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...ETHICAL AND LEGAL ISSUES OF Nursing Many confusing factors make it a task to establish, monitor and sustain ethical and legal issues in nursing. Everyone has various personal views based on experiences of life, religion, education and political affiliations, all nurses should be aware about nursing laws and ethics and understand how nursing legal issues can affect them. The American Nurses Association (ANA) Code of Ethics is very influential to nurses because it is used as a framework for making ethical decisions with all aspects of health care. The foundation in any successful professional practice, are based on ethics, values, morals and principles from which the ANA Code of Ethics are formatted. Moral leadership in nursing is about professionalism, responsibility, accountability, and competency. Nurses have an obligation to preserve their patient’s values, beliefs and dignity, to assure optimal health care, personal well- being, and promote quality of life. In all aspect of nursing, nurses are role models, healthcare providers, patient advocates and are required to meet the needs of their patients. Which can be done by communicating openly and honestly, being fair and trustworthy, being proactive, and by putting patients first. Nurses are face with ethical dilemmas on a daily basic therefore, must examine their own personal and professional values and morals in order to maintain a caring and compassionate relationship with their patients. When complex ethical...
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...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. 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 Code provides the profession with a statement of responsibility to the public and serves as a basis for individual nursing decisions in clinical situations when ethical dilemmas arise. The code integrates universal, ethical principles which serve as the foundation for ethical actions. Nurses face ethical dilemmas on a daily basis. Our primary goal as nurses is the commitment to protect our patients. Provision 2 of the American Nursing Code of Ethics, describes the nurse’s primary commitment is to the patient. (ANA, 2010). Another important goal is to maintain safety, dignity and accountability. Respect the patient’s confidentiality and autonomy. The Nurse acts as the person who helps and advocates for the patient and their families about health care and end of life decisions. According to the American Nurse Association Code of Ethics, Provision 1:1 states that, “a fundamental principle that underlines all nursing practice is respect for the inherent worth, dignity, and human rights...
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...QUESTION TWO: ADULT CASE STUDY, AN ETHICAL ISSUE OF CONSENT. This essay presents a critical incident analysis of a 70 years old man refusing to give consent to a life saving treatment. The essay will discuss its impact by discussing the conflict between professional and the patient’s issues. It will go on to explain the main professional issues in the scenario, breach of any NMC code of conduct and show how they relate to the guidelines set by Nursing and Midwifery Council (NMC). It will also highlight on the relevant underlying legal or ethical principles that applies to the case study and its implications. For instance, ethical principles, such as beneficence, non-maleficence, autonomy, justice, human rights and the best interests of the patient will be explored, in the light of relevant laws, in order to show some of the legal and ethical complexities within this case study, and finally draw a conclusion. For confidentiality purposes, have been changed in accordance to the NMC guidelines. The main professional issue reflected in this case study is the issue of consent. Consent, means to give permission for something to take place or to agree to do something (oxford dictionary 1998). This does not necessitate that, the actions approved have been developed or permission given in the knowledge of possible consequences known as informed consent has been achieved. This goes to show that, for medical purposes, although the patient has the right to refuse treatment, he has to also...
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...Ethical and Legal Issues in Nursing NUR/391 July 28, 2013 Mary Nicks, MSN, RN Ethical and Legal Issues in Nursing In this paper ethical and legal issues will be reviewed concerning the decisions and responsibilities of the nurse in the case of Marianne who has had a stroke and the decisions that the family is facing for treatment or end of life care. The legal and ethical issues in a malpractice case that occurred several years ago and the responsibility of the nurse to her employer, the nurse being sued, the client in question, and the institution’s client will be reviewed. The areas that will be reviewed include how the American Nurses Association Code of Ethics would influence a final decision in each case study, how personal and societal values can influence the ethical decision making, the fundamental legal aspects of each case study, and the legal responsibility of the nurse in the work setting. The ANA code of Ethics must be followed in practice and is an especially useful tool when there are difficult legal and ethical issues that arise in nursing practice. In the example of the malpractice case for negligence, as a witness to questionable practice, it is the nurse’s primary responsibility to protect the safety of the patient. Although the nurse was correct in reporting the episode to administration, she also had a duty to counsel the nurse about the inappropriate standard of care. The ANA is clear that when a nurse is aware of questionable practice...
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...REFLECTION PAPER ON ETHICS OF NURSING Nurses are in the forefront when it comes to caring for patients, therefore during nursing school they must be warned about a lot of ethical and legal issues that will affect how the job is carried out. In today’s healthcare, there is an ethical gap between what is ethical and what is desirable for profit, and too often ethics is sacrificed for profit. Healthcare organization has become a big time business today and therefore has result in the restructuring of healthcare into a managed care. As a result of this above reason, an ethical gap is always encountered almost on daily basis. As shown in this case study, Mary and John, along with their daughter Martha, have demonstrated how religion, culture, legal, and ethical issues can easily be encountered in the healthcare arena. Honestly until now, I have never considered ethical issues to be of a grave concern in nursing practice; nor given any deep thought to ethical matters when dealing with patient with different background. Prior to now, most cases relating to patient’s background or ethical issues has been resolved easily. I think why these have been easily resolved is because patients are more accommodating and accepting. I think all human races have this general background of being accepting of their fellow human beings. However, some cultural groups are more accepting than others depending on their level of understanding and belief. I think that as from this...
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...Ethics in Nursing Practice, Values and Decision Making Name Name of College Abstract Nurses work with a wide range of patients, and each patient presents their own economic, social and cultural differences. While nurses work to provide care for the sick, injured and dying, they are always working within the boundaries of their professional codes of ethics. The nursing code of ethics is more than laws and common etiquette, and upholding the code of ethics is understood and agreed upon by people in the nursing profession. The two kinds of ethical theories discussed most in nursing are consequentialist and nonconsequentialist theories. By examining these two theories, nurses are able to evaluate the principle of confidentiality and how to apply the principle within reasonable limits. Further understanding of these normative theories gives nurses the abilities to evaluate conflict avoidance and resolution. As nurses further navigate the world of ethics, they discover how the code of ethics is influenced by a person’s culture, and they acquire a solid foundation for current ethical decision-making models used in their industry. Ethics in Nursing Practice, Values and Decision Making Nurses who take care of patients are encouraged to do so with a certain level of politeness. Other than being polite, nurses are required to be skilled, and they must follow the laws which govern them in their field of practice. Between all of the skills, politeness and laws...
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...YALE #98 ETHICAL PROBLEMS ENCOUNTERED BY NURSING STUDENTS IN TURKEY Fethiye Erdil and Fatos Korkmaz Nursing students increasingly encounter ethical problems during their clinical practice which sometimes infringe the rights of patients. However, so far there is no study in Turkey on the extent of problems from the perspective of nursing students, as well as how nurses are involved in ethical decision making process. This study is conducted at Hacettepe University Health Science Faculty Nursing Department with the aim of identifying the ethical problems confronted by nursing students. Eighty-four third class and 69 senior nursing students were volunteers to participate in this study. Their age ranged from 19 to 23 years. All participants have taken the course entitled ‘Nursing History and Deontology’ which include 14 hours ethical content. Students were asked to describe moral problems that they observed or encountered during their clinical practice. Ethical problems at clinical practice were reported as physical maltreatment of patients (28%), inappropriate approaches toward patients which cause psychological distress (24%), violation of privacy (21%), providing inadequate information (16%) and discrimination based on the social and economical status (16%). The reasons of these ethical problems were stated by students as the unprofessional conduct of physicians (34%) and nurses (44%), and ineffective hospital management (9%). The most striking finding of this study was that...
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