...Ethical and Legal Issues in Nursing The American Nurses Association’s (ANA) Code of Nursing Ethics, personal and societal values, and legal responsibilities all influence the way we care for our patients, treat our co-workers, and take care of ourselves. Never the less, nurses need to make a distinction between their individual values and their professional ethics when caring for their patients. The American Nurses Association’s Code of Nursing Ethics is the cornerstone for nursing practice. Even though patients can still receive quality ethical care even if the code has never been read by the nurse, enhanced and complete nursing care is given when the nursing code of ethics is followed. The nursing code of ethics, according to Lachman, 2009, is the fundamental document for nurses and it provides a social contract with the patients we serve and acts as an ethical and legal framework for nurses, especially while the nurse is taking on more multifaceted roles and is involved in more complex ethical and legal situations. In the case of 55 year old Henry, the ANA’s Code of Nursing Ethics would influence a final decision in the following ways. The final decision would not be based directly on the nurse caring for Henry, but based on a healthcare team approach. It is the nurse’s responsibility to make sure that Henry’s family is fully informed of all possible choices. First, according to Lachman, 2009, the patient is not the only one involved in the nurse’s care. The nurse...
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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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...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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...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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...Ethical and Legal Issues in Nursing Nursing as a profession, holds itself to a standard of practice and a code of ethics that governs this discipline. It was well put by Nicholson (2012), “Nonprofessionals cannot be held to the standards of the medical professions, but persons who have been specially trained, educated and licensed are accountable for performance that deviates from the customs of their field.” To function effectively, nurses need to be aware of their contents and incorporate them as a guide for their professional decisions. “A wise nurse who is aware of deep personal values and moral standards will make decisions regarding practice setting so that the nurse’s own personal integrity remains intact, while putting patients and their needs first” (Chitty & Black, 2010, p. 101). A person’s value system is initiated by the beliefs held by his or her family, and as growing occurs the person is exposed to other cultures, belief systems, peers, and societal norms, that may be incorporated into his or her value system. A nurse is expected to make ethical decisions. Having the ability to make ethical and responsible reasoning, involves rational thinking. It is also systematic and based on ethical principles and civil law. Ethical decision making can’t be based on emotions, intuition, fixed policy, or an earlier occurrence. (Blias & Harris, 2011, p. 61). A nurse is not exempt from developing values, and belief systems that shape how they may view their patient...
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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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...Ethical and Legal Issues in Nursing University of Phoenix Nursing 391 Ethical and Legal Issues in Nursing Marianne, the 79-year old woman who presented with a hemorrhagic stroke in a recent case study, brings up thought for ethical debate. Her outlook is poor, with or without surgery, and she has no advanced directive. Her husband and children cannot come to an agreement on whether life support should end or if all resuscitative measures should be attempted. The following paper will discuss how the American Nurse’s Association Code of Nursing Ethics would influence a final decision, how personal and societal values can influence ethical decision making, the fundamental legal aspects of each case study, and the legal responsibilities of nurses in the work setting. Regardless of any situation that may arise, every nurse has a set standard in place that must be followed. These are nonnegotiable, ethical standards, obligations and duties that every individual swears to when entering the nursing profession. These standards are all found within the American Nurses Association’s code of Nursing Ethics and Conduct. Whether dealing with patients and families during end of life decision making or dealing with nursing negligence within the court of law, the first provision in the code of ethics is the most imperative to remember. Nurses are always obligated to their patient’s best interest, therefore making them an unrelenting patient advocate. Many provisions are pointed...
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...Nurses today 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...
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...ETHICAL & LEGAL ISSUES IN NURSING HOW PERSONAL & SOCIETY VALUES CAN INFLUENCE ETHICAL DECISION MAKING… In my opinion, personal and society values are learned through observation and experience which are influenced by culture, race, religion, and family. Values involve thought, knowledge, and emotion; and vary between one another. With this in mind, it can be difficult to when making an ethical decision. Everyone’s values differ, therefore the nurse needs to be open-minded and not base their decision on their own beliefs and values. In the case study for the six caps, personal values do interfere with ethical decision making. Marian, a 79 year old with a hemorrhagic stroke who needs to have surgery knowing she may not recover function and both the husband and the children have different values of what should be done in this situation (Black & Chitty, 2011). Does the husband go along with the surgery and hope that things turn out the way he wants it to, or do the children get involved and help the father to recognize what would be best for their mother and doing what they believe is right for her? Both the husband and the children think they know what’s best for their wife/mother, but what is the ethical thing to do? In the critical thinking exercise, I believe personal and society values are influenced. Three years ago, when the nurse was acting negligent and being the nurse to witness it brings in my own values in play. First of all that nurse was violating standards...
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...Joshua Nkwocha Mr. Jensen Period 6 23 January 2009 A Shameful Blemish On the Face Of Humanity Around the time of the Great Depression, 1939 to 1945, Jewish people in the entire western world, especially in Germany, Poland, and Romania, were tormented and were helpless victims of hatred. Although anti-Semitism was already present at this time, the Holocaust greatly amplified this form of racism. Holocaust is the act of genocide by fire. Elie Wiesel is a survivor who provides living testimony to this time period. He depicts and relays the hardships and brutalities that he and his family faced through his historical non-fiction novel, Night. During the time of the great depression, in Germany, a dictator by the name of Adolf Hitler and his regime began his reign of terror and anti-Semitism, and his attempt to rid the world of the Jewish race. Hitler believed Jewish were scum and blamed them for all the economic problems in Germany. He also wanted to create his idea of the “perfect race”, Aryans. He believed that the “ blue eyed, blonde haired people of that race were the most elite and noble race, and Jews being virtually the opposite of that were unworthy of living. This period is called the Holocaust. Jewish people were affected in many a way by this hatred; politically, economically, intellectually, socially, and culturally. Elie’s father is a shoe maker but a well respected man in the community. In fact, he is the leader, so to speak of their town of Sighet in...
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...Singapore Nursing Board Standards for Nursing Practice defines that Nurses/midwives have the professional responsibility and accountability to uphold Standard of care and to contribute to their dissemination, interpretation and development despite medical advances, social and demographic changes and an increasingly complex healthcare delivery system that challenge the ability of nurses to provide safe quality of care. Should nurses fail to uphold certain standards and by doing so cause harm or injury to the client, they would be held liable in the tort of negligence. Description of a practical situation which raised ethical issues: Mr Lim 70 years old has been hospitalised for medical treatment with the diagnosis of chronic heart failure. He was ordered intravenous therapy by Dr Peter the medical resident. Nurse Su questions the order because it is for an infusion of Dextrose 50%. Dr Peter tells her that he checked it with Dr Lee, the medical officer. Nurse Su checks it with Nurse May before administration. Later, Mr Lim has a cardiac arrest and suffers extensive brain damage as a result of the infusion. The hospital inquiry is held and it determined that the correct infusion would be Dextrose 5%. Mr Lim’s family members are very upset and seek legal advice. All names mentioned in the above scenario are pseudonym. Identification of the ethical issues within the situation: Negligence Negligence is the breech of an obligation or duty to act with care, or failure...
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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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...July 18, 2010 Professional Ethics Paper The purpose of this paper is to describe the relationships 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...
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...relationship among professional values, ethics, and legal issues. A person’s personal values and ethics can influence their professional values and ethics in the workplace. Finding the right balance between personal and professional views in the workplace will help foster a successful career. This paper will cover relationships between legal and ethical issues as well as personal values and professional ethics. Relationships between Legal and Ethical Issues According to Wacker-Guido & Watson (2010), there are eight ethical principles that nurses encounter when making decisions in clinical settings, autonomy, beneficence, no maleficence, veracity, justice, paternalism, fidelity, and respect or others. In other terms nurses have personal freedom, the right of self-determination, a duty to perform good actions, duty to prevent any harm for occurring to their patients, the obligation to tell the truth, treat all patients equally and fairly, allow others to make decisions for individual patients, keep promises and commitments they make, and to treat everyone with respect. Ethical values are influenced by personal feelings, and are interpreted differently depending on the beliefs of the individual. The Britannica Concise Encyclopedia defines the code of ethics for nurses as follows: The code of ethics for nurses was developed as a guide for carrying out nursing responsibilities in a manner consistent with quality on nursing care and the ethical obligations of the profession. With the...
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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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