...only somewhat familiar with them. There are ethical issues that are specific to the field of social work, but there are other fields that a social worker will be interacting with, so a broad knowledge base is necessary. The NASW Standards expect social workers to be familiar with bioethical issues, legal issues around the dying process, and other medical and cultural considerations that arise in the process of dying. The NASW does not take a moral position on end of life decisions, but as part of the ethical principle of autonomy, the practice standards make sure to encourage the client’s right to make determinations about level of...
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...Ethics Rules 1 Assignment 1.1 Ethics Rules Civil Litigation Jamey Green 11/24/2013 Ashley Moore Ethics Rules 2 Among ethical obligations of the attorney and the legal team acting as agent of the attorney are Rule 1.1 Competency Rule 1.6 (A) Confidentiality Rule 1.7 Conflicts of Interest Rule 3.3 Candor Rule 3.4 Fairness to opposing party and counsel Rule 5.1 and 5.3 Duty to supervise Rule 1.1 Competency A Lawyer shall provide competent representation to a client competent representation requires the legal knowledge, skill thoroughness and preparation reasonably necessary for the legal representation. Rule 1.6 (A) Confidentiality A Lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent. The disclosure is permitted by paragraph (b) (B) A lawyer may reveal information relating to the representation of a client to the extent the lawyer believes is necessary. The duty of confidentiality is just that for the legal team; a duty. It is a duty imposed on the attorney and each member of the legal team working under the supervision on the attorney. It enables clients to obtain legal advice by allowing them to freely and openly give the members of the legal team. All the relevant facts without fear of disclosure of these facts ( except in limited situations such as to prevent prevent commission of a crime or to defend against a client suit) Ethics Rules 3 The ABA Model Rules...
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...The famous California Supreme Court case propelled most states to enact a form of “duty to warn” or “duty to protect” statutes (Simone & Fulero, 2005). Tarasoff has forever impacted the liability and responsibilities of medical professionals. This paper will review a Colorado state statute influenced by Tarasoff. It will further address the “duty to warn” and “duty to protect” dilemmas and the suitable ways to address them. Lastly, this paper will examine confidentiality challenges presented in Laureate Education Inc. (2012) video, Mental Health Counseling: Confidentiality. Colorado State Law Colo. Rev. Stat. § 13-21-117 defines the responsibilities of mental health professionals. It holds mental health professionals liable for their “duty to protect” third parties in cases in which clients communicate threat or harm (Colorado Legal Resources, 2012). The statute states that a mental health professional is not liable in civil court for the failure to warn or protect a third party from a client (Colorado Legal Resources, 2012). Furthermore, it adds that the professional is not held liable to predict their client’s behavior (Colorado Legal Resources, 2012). Though, it mandates that if the client has communicated a considerable threat of forthcoming physical harm against a third party to a mental health professional, such “duty to protect” or “duty to warn” does arise (Colorado Legal Resources, 2012). In these cases, mental health professionals are compelled to make...
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...Analysis of an Ethical Conflict in Practice: Battlefield Nursing by Jonathan Wells A PAPER Submitted to the faculty of the Excelsior College, in partial fulfillment of the requirements for the degree of Master of Science in Nursing. ALBANY, NY 2012 Abstract In the legal world that we live in, we are constantly at risk of facing ethical dilemmas that may arise from conflicting legal obligations. If caring is important in nursing, then nurses will have to make a concerted effort to define a specific duty of care in clinical, administrative, educational, research and military environments. In order to fully preserve tradition and concept of caring within the profession of nursing, we must make every effort to understand its ethical implications and provide the guidance needed for navigating dilemmas that regularly arise in relation to it. Analysis of an Ethical Conflict in Practice: Battlefield Nursing This paper will provide a brief overview of a possible ethical dilemma that may arise within the field or nursing during war time. It will then move on to explain the multiple ethical issues within the overall situation, the decision making model that the author has chosen to apply to the dilemma, and the stakeholders with their possible interest in the decision making process. With this information defined, the paper will move on to state the author’s derived solution to the situation, as well as a moral justification for the plan of action to be implemented...
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... of an action. If you have ever seen the movie “Wall Street” with Michael Douglass, you probably recall his character Gordon Gekko, who basically espoused that “Greed is Good.” You might question his approach to ethics. Than again, maybe you wouldn’t! Unfortunately, companies have conflicting duties: to make a profit, to work efficiently, and still stay within the law or suffer dramatic consequences. As you might imagine, it is sometimes like putting a square peg into a round circle. For example, a company can make a higher profit if it uses overseas labor or raw materials, but what about the legality and ethics of such a decision? It would seem in recent years there has been an emphasis on the bottom line, rightly or wrongly. Legal versus Ethical Questions generally asked by companies: Is the proposed action: profitable? If so, is it: Legal? Ethical? Notice the ordering. Legal Behavior: many actions are clearly legal or illegal, but many items also fall into a gray area. While legal compliance is achieved, i.e., a minimum accepted standard, what about Advertising- how far can we stretch the truth and get away with it and attract new customers? Product Misuse? Are we responsible for the foolishness of consumers? How can a company defend itself when pushing the limits...
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...between legal and ethical issues, identify personal values and professional ethics, examine ethical theories and principles, and apply these to current practice examples. Nurses face an ever-growing complexity within their practice as professionals. Understanding the relationship between legal and ethical issues and how to apply that understanding to every day practice is paramount for today’s professional nurse. This paper will further explore these ethical theories and principles while discussing how personal values affect an individual’s nursing practice. The Relationship Between Legal and Ethical Issues Nurses, as with any job, face challenges in order to accomplish the tasks of their role. This is one of the reasons that it is important to have a description that serves as guidance as to how the role is to be accomplished. Without such guidelines, it is likely that there will be a breach of established rules along the way to performing duties and accomplishing the job duties. In situations where one person exercises authority over another, there are important guidelines that define relationship between the two parties. Legal and ethical principles define how a job is to be carried out and how individuals are to relate to one another. Legal and professional ethics define the liability of the person that is entrusted with accomplishing a certain task. They also define guidelines that one is likely to use when a dilemma arises while implementing a job duty that...
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...The Summary Paper Legal/Ethics Issues In The Health Care Business BUS670 Rhunda Mitchell Instructor Little 10/24/11 More than any other industry, it is in the healthcare business that ethics are of utmost importance. This is because, people in this industry deal with such situations and circumstances, everyday, which have a direct bearing on another person's life. In this paper one will discuss the ethical/legal issues which are faced by the healthcare industry as a nurse, and ethical issues in healthcare, pertaining to both management and medical research and give suggestion on how to handle each situation in hand. Ethical/ Legal Issues as A Nurse: Nurses are subject to a wide range of legal, ethical and professional duties which can be very challenging. These duties are generally considered to be to respect a patient’s confidentiality and autonomy and to recognize the duty of care that is owed to all patients. As a nurse their duties have to be always professional, because there are legal implications if these duties are breached. They also must consider when it is okay as a nurse to breach these duties and therefore ethical issues arise. Ethics is a set of moral and practical guideline that influences nursing decisions big and small. One of the main priorities of a nurse is to advocate for their patients a nurse expresses and defends the cause of their patient, nurses are expected to protect their patients’ rights. Patients’ rights can vary from...
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...Legal and Forensic Psychology Michael Betters Keiser University Legal and Forensic Psychology Abstract Legal and forensic psychologists are often torn between fulfilling their duties as a legal and forensic workers in the criminal justice system, and adhering to the ethical obligations to their clients as psychologists. This paper explores the dilemma faced by legal and forensic psychologists in carrying out their day-to-day roles as officials in the criminal justice system and in upholding their professional ethics as psychologists. The paper begins with an introduction of the main controversy surrounding the role of legal and forensic psychologists to the criminal justice systems (Day, 2014). It then describes some of the typical dilemmas faced by legal and forensic psychologists in the course of their work. The paper concludes with a discussion on the implications of the dilemmas faced by legal and forensic psychologists in the criminal justice system. Introduction Legal and forensic psychologists are a special type of psychologists who are often charged with the responsibility of standing as expert witnesses in court proceedings. The duties, roles, and responsibilities of legal and forensic psychologists in legal matters are strikingly different from those of an ordinary psychologist. It is paramount for legal and forensic psychologists to recognize the obligations as well as the limitations of their obligations when appearing as witnesses in court proceedings...
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...Institution’s name The case scenario involving Jazi, a patient admitted in ICU, depicts a number of both legal and ethical issues. The fact that Jazi was not involved in the decision making process regarding his treatment option has resulted to professional and moral questions on whether it was right or wrong. Inherently, this paper identifies the ethical and legal issues that results from the actions of the nurses, and the doctor with regard to Jazi condition. Legal issues Legal Issues | Facts supporting / refuting | Further information which needs consideration | * NFR directive | * Nurses should have worked on the verbal order | * Why did the nurses not follow up with the doctor on the NFR directive? | * Decision making process involvement | * The nurses did not involve the patient in decision making process (Matt, 2012). | * Why did the nurses continued with their duty despite their knowledge of the mistake? | * Negligence | * The nurses owed the Jazi duty of care, | * Why did the nurses not follow up with the doctor on the NFR directive and provide the required care? | Ethical issues Principle | Explanation | Independence | The scenario reveals Jazi's autonomy breached since he was not involved in the decision making process regarding his treatment options (Ghaye, Gillespie & Lillyman, 2000). | Moral duty | The nurses have the moral duty to ensure the well being of the patient, and so they should have acted on the NFR directive | ...
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...Ethical/legal Dilemmas Indiana Wesleyan University Christine R. Johnson HCM-556 Health Care Issues Instructor: Mrs. Brenda Williams Ethical/Legal Dilemmas CRF First Choice’s mission is for each individual to experience all the rights granted to them as citizens. It is our goal as direct care staff to make sure that each individual experiences the highest quality of life possible, without depriving them of their privacy, rights, and privileges. Direct Care Staff (DCS) are always subject to a plethora of legal, ethical, and professional duties which can be very challenging. These duties are generally considered to be to respect a patient's confidentiality and to recognize the duty of care that is owed to all our individuals. Direct Care Staff duties are to always be professional; however there are legal implications if these duties are breached. We also must consider when it is okay as staff to breach these duties and therefore ethical issues arise. Ethics is a set of moral and practical guidelines that influences nursing decisions big and small. As DCS, one of our main priorities is to advocate for our clients. An advocate is “one who expresses and defends the cause of another.” (Merriam-Webster, 2004) In the nursing profession we advocate to protect our consumer’s rights. A consumer’s rights can vary from being responsible for their own care and making choices and decisions in that care to having the right to a staff-consumer relationship based on trust and respect, to...
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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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...Burlington Northern and Santa Fe Railway Co. v. White Legal Analysis Legal and Ethical Facts • The plaintiff (White) was hired by Burlington Northern and Santa Fe Railway Co. (Defendant) as a track laborer. Having prior experience as a forklift operator, the plaintiff was assigned to operate a forklift once the need arose. • Although operating a forklift was now the primary duty of the plaintiff, her responsibilities as a track laborer, to a lessor extent, still existed. • Operating a forklift was viewed as a more prestigious position and as such, a more desirable duty than the dirtier work of track laborer. • Shortly after assuming her primary duty as forklift operator, the plaintiff’s immediate supervisor made disparaging remarks about her in front of co-workers. The comments centered on the supervisor’s opinion regarding the inappropriateness of having females on the job site. • The plaintiff filed an internal complaint with Burlington Northern. After an investigation, the plaintiff’s supervisor was suspended for 10 days. • When the plaintiff was notified of the supervisor’s suspension, she was also informed that she would no longer be operating a forklift and would resume the duties of track laborer full time. • Within weeks, the plaintiff filed a grievance with the Equal Employment Opportunity Commission (EEOC). She believed her reassignment was a form of retaliation for making complaints that led to the suspension of a supervisor. • A short time after these...
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...of the situation is deepened by the fact that the intruder assaults Sharon and the resident manager with an intention to cause harm. For the trespass cases, the charges always increase in situations where the invader causes injury to the inhabitants. Also, the injured party has a legal right to sue the intruder for the physical damage caused by the intentional or the negligent act. Particularly, the owner of the property may not have any legal duties concerning the case. However, there is some ethical responsibility to the resident manager as well as the tenants in regards to the safety of the premises. It is the duty of the owner, after such an incidence, to review the security procedures within the properties. Our Legal Duties and Responsibilities to Sharon and Daryl The owner of the property is not legally responsible for the safety of both Sharon and Daryl. As a universal regulation, the owner of residential properties is not obligated to the renters any duty of care. As such, the landlord is not usually required to protect the tenants in any situation. In the case of the resident manager, the legal responsibility does not exist since he was involved in action beyond the range of the duties of a residential manager. Daryl’s actions represent the employer about the lack of enough protection. That said, as much as the steps taken by Daryl are admirable and...
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...Analysis of Ethical Dilemma Name: Institution: Analysis of Ethical Dilemma Introduction and Facts It is important that individuals take into account the impact of their decision on themselves, others potentially involved, institutions and the world. Individuals can make ethical decision only if they understand the potential effects of their decision. Ethical decision making is an intricate process where individuals must consider impact of decisions or actions resulting from the decisions made on individuals or institution. The basis of ethical decision-making encompasses balance and choice (Levin & Mather, 2012). Law is one of the professions that demands practitioners to make ethical decisions to avoid messing up their clients and third parties. They are required to employ American Bar Association (ABA) Model Rules of Profession Conduct throughout their professional undertakings. In the paradigm case, Justin King is involved in an accident and this has resulted to lawsuit. The circumstances surrounding the incident call for due diligence from both defendant (Justin) and his legal team. As such, there are various issues affecting this situation. The first issue is whether the ethical duty of confidentiality applies to Justin’s situation. Various laws and regulations govern a lawyer’s conduct. As indicated earlier, ABA Model of Rules of Professional Conduct is a set of principles that governs the conduct of lawyers in their endeavors...
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...Ethical and Legal Issues in Pharmacy Name HCA322 Instructor December 16, 2013 Back in the 1990’s, the baby boomer generation stepped into their middle age years. Since it is not uncommon for people to begin having health issues at this age, there became a larger demand for healthcare services, and a huge demand for more prescription medications. The demand that was placed on the pharmaceutical industry brought about an urgent need for the teaching of professional ethics in schools of pharmacy. The measures taken in response to this demand were very necessary as the public now places such high expectations on pharmaceutical professionals, and rightfully so. They have access to both lifesaving and life-ending drugs and they possess knowledge that the common person finds intimidating. Patients feel a sense of vulnerability with all of the aspects involved with the industry that they may not understand such as the electronic transmission of information, electronic records, e-scripts, delivery and the complexity of health interventions, along with legal limitations, the many different medical specializations and the sharp rise in the use of generic pharmaceuticals (Klepser, et. al., 2008) It is possible that a pharmaceutical professional may find themselves in vulnerable positions as well, feeling trapped between their own personal ethics and the liabilities placed on them by their profession. They may find themselves sometime questioning as to whether they can fully uphold...
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