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legal and ethical issues examples

January 16, 2021 by  
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As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). Mary stated that the disclosure was false, and had been the result of commanding auditory hallucinations. Learning Matters Hope, T. Savulescu, J. Hendrick, J. 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 ‘Ethics’ is an important term within health care (Edwards, 2009). I will now draw upon theory to explore what actions should be taken by the professionals. Later, I will explore how the law might take priority over ethical frameworks. Another theory that talks of ethical actions is that of Immanuel Kant in the 18th century. Working in an environment where you are caring for other peoples children, and educating them, you're bound to come across some issues. 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’. 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. This was understandably very concerning, and as such, Mary was not able to return home. This paper will explore the ethical and legal issues encountered by nurses in two case studies. With this in mind, it should not be assumed that what Mary had disclosed had any more truth than somebody who might have said they were being monitored by aliens, especially since she herself stated that it was false. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. #1 Being Aware of New Trends. 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. Oxford: Blackwell Publishing. Mary remains in hospital and is having contact with her carers but this is being supervised by staff, despite there being no substantiated concerns. Ethical issues relating to ICT. Therefore, one must rely on experience, inherent knowledge, instinct. Health care professionals continually face ethical and legal issues in the workplace, putting them at … 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. (2003) Medical Ethics & Law: The Core Curriculum. ♦ 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 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. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). Childcare is an industry that has to be very ethical. 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. The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. This can be applied within a wider context, and could be used when thinking about how to allocate resources, for example (Johnston, 1999). As a rule, ethical issues arise when businesses or organization use private data without the consent of customers or users. For example, the firing of an employee by a company is not illegal but may be unethical. 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 The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. Ethical issues occur when a given decision, scenario or activity creates a … Legal & Ethical (Course 3): Ethical Codes for Trusting Professional Relationships with Patients Trust is an essential component in an ethical patient/carer relationship. Common examples of normative ethical theories are utilitarianism, duty-based ethics (also known as Kantian ethics and/or deontology), and virtue ethics. Mary had a visible bruise on her shoulder, which she stated was caused by a punch. For Mary, it would appear that practitioners have not approached their decisions in a systematic way. Otherwise, all patients should be deemed competent. Nurses are highly accountable to patients, the public, employers, and the entire profession. You know this person is attractive and is having casual, unprotected sex and not notifying sex partners, which is completely legal in California. Discrimination can take many forms and can happen for many reasons. 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. 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. Life as a business owner may have been easier 100 years ago, but the conditions were pretty terrible for workers. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. 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. 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. One could assume that health care practitioners ould or should have a virtuous character, being in a care-giving role (Morrison, 2009). When a child is hungry and he stole a loaf of bread from a shop to feed. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_103643) Disability Discrimination Act (1998). 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. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. 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. 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). By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols. You have a patient who is HIV and HEP C positive and you are aware of this because that person is a patient of yours. In addition to the National Standards for Disability Services, there are a number of other your own paper. 1997) Causing Death and Saving Lives. I am now going to acknowledge the importance of legal implications in Mary’s case. As Johnstone et al (2008) states, ethics is about doing the right thing. asp? stanford. Mary does not appear to have benefitted from the decision to keep her from returning home. 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. As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. The HGP website exposes a number of issues that must be taken seriously in order to ensure more people benefit from the program. These increasingly affect people's daily lives. Practitioners cannot control the decisions Mary makes about the company she keeps and therefore her vulnerability remains. Retrieved from https://graduateway.com/legal-ethical-and-professional-issues/, This is just a sample. Mary’s care team initially reacted to the potential safeguarding issue appropriately. The four main parameters of ethics frameworks. 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). 5th Edition. 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). After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. The ethical issues in business take different shapes than in schools or the home, even though they stem from the same impulses. iThese d… 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. In other words, it is an occasion where a moral standard is questioned. 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. While the industry has changed in recent years due to modern healthcare, some ethical issues remain the same. As such, this requires that practice is in accordance with the law of the land (Hope et al, 2003). Though, this would indicate that practice has become defensive, rather than defendable. Equal pay for both genders. • Ethical issues are not governed by a set of rules and thereby are not punishable by law. It seems fair that this assessment was carried out with Mary, following concerns about her vulnerability following the retraction of her disclosure, and also in light of some indication that she may have learning difficulties. 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). Mary is not aware of this right and therefore cannot question the authenticity of the decision to invade her privacy. 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. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. These ethical theories, discussed in the following paragraph, provide a systematic means of examining and evaluating business conduct. Log in, View StumbleForward’s profile on Facebook, View +ChristopherHoldheide’s profile on Google+. London: UK Edwards (2009) Nursing Ethics a Principle based approach London:Palgrave Elder, R. , Evans, K. , Nizette, D. (2009) Psychiatric and Mental Health Nursing. This places little emphasis on Mary’s personal views and feelings however, and is a drawback of the concept.

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