Premium Essay

Legal and Ethical Issues Related to Patient Rights

In:

Submitted By flights10
Words 1236
Pages 5
The American Nurses Association Code for Nurses discusses the ethical behavior for nurses and the best course of action in a certain situation. Nurses can be evaluated by a set of standards which determines how well the nurse understands how the law applies specifically to them. Four of the most important ethical principles are beneficence, nonmaleficence, respect for autonomy, and justice (Murray & McKinney, 2006). Other important ethical rules, such as accountability and confidentiality, are derived from these four basic principles. These principles direct decision making and analyze what is morally right and reasonable. The legal and ethical issue I encountered in the clinical setting was failure to protect patient rights.
The healthcare setting is demanding environment for nurses who have a responsibility to meet the needs of patients. An ethical issue can occur in any healthcare situation where profound moral questions of “rightness” or “wrongness” underlie professional decision-making and the beneficent care of patients (Ulrich et al., 2010). An ethical issue deals with virtues and values related to human conduct and is less focused on factual knowledge.
During my clinical practice I encountered a nurse violate a patient’s right to receive medical care that meets the highest of standards, the right to be treated respectfully and the right to appropriate management of pain. This patient had open wounds covering his lower legs which required dressing change every 12 hours. The patient had requested pain medication 30 minutes prior to the dressing changes. This nurse verbally expressed her anger about changing these dressings and ignored the patients request for pain medication. The nurse quickly removed the old dressings and aggressively scraped off the necrotic tissue. The patient was screaming in pain and became aggressive towards the nurse. The nurse

Similar Documents

Premium Essay

Law and Ethics in Health Care

...Law and Ethics in Health Care Laws and ethical principles are essential for protecting the mankind, and they play a crucial role in the practice of health care. Laws and ethics play a vital role in cases such as organ donation, human genetics, and HIV/AIDS and confidentiality. The health care issue I selected for discussion is HIV/AIDS. In the case of HIV/AIDS patients, there is always ethical conflict of protecting the confidentiality of patient and disclosing the information to others about the risks of the disease. Salient Ethical and Legal Concerns Associated with HIV/AIDS As described by Pozgar (2013) one of the legal issues is the association between blood transfusion and HIV. Law suits often arise when a person with AIDA claims that he or she contracted the disease due to the administration of contaminated blood (Pozgar, 2013). Lawsuits commonly arise when there is transfusion of mismatched blood, improper screening, and improper storage procedures (Pozgar, 2013). Since May 1985, all blood donated in the United States are screened for HIV antibodies and even then patient’s may claim that they contracted the disease due to transfusion. Another legal and ethical issue is whether to allow the AIDS infected surgeons to perform surgeries. Pozgar (2013) described that the transmission of the virus from an infected surgeon to a patient is unlikely, but there is still a possibility. There is an ethical dilemma whether to allow these surgeons to perform surgeries...

Words: 942 - Pages: 4

Premium Essay

Professional Ethics

...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...

Words: 2093 - Pages: 9

Free Essay

Administrative Ethics

...Anthem Blue Cross has informed some of its San Francisco base policyholders that their medications will only be available through mail order. A Consumer Watchdog group is working with a patient, for privacy reasons he does not want his identity to be known, to sue Anthem Blue Cross for discrimination. I will discuss the issues and its significance on the most effected population of the policy change, the arguments or facts used to support a proposed solution with Anthem Blue Cross and the Consumer Watchdog group, and the ethical and legal issues reported for administration. I also will explain the managerial responsibilities related to administrative ethical issues, and identify any proposed solutions. Anthem Blue Cross had informed its policyholders that their medications will be only be available by mail if they want them to be paid for. That means patients cannot directly communicate with their pharmacists on a personal basis and pick up their prescriptions at their discretion. HIV/AIDS patients believe that their relationship with their pharmacist is critical to their health care, especially in San Francisco where there are some of the most knowledgeable pharmacists on HIV/AIDS in the whole country. That information had some in the HIV/AIDS community unquestionably upset. A patient, Jon Doe for privacy reasons is working with a Consumer Watchdog group to sue Anthem Blue Cross because he says the new rules are discriminatory and illegal. The Consumer Watchdog group...

Words: 1057 - Pages: 5

Premium Essay

Applying Ethical Frameworks in Parctice

...Applying Ethical Frameworks in Practice Nursing has a renowned history of concern and interest for the welfare of the sick, injured and vulnerable for social justice. Nursing encompasses prevention of illness, decreasing suffering, and the protection, promotion, and restoration of health. Ethics is been an integral part of the foundation of nursing and it is self reflective, enduring and distinctive. In the professional course, a nurse encounters with different types of patients, several types of families and varied situations. Every patient has certain rights and a nurse has to respect them in both legal and ethical aspects. Confidentiality is important to create confidence between nurses and patients. Without promising privacy to their matters, patients will be hesitant to share important information to health care professionals which may be necessary for their care. Respecting patient’s confidentiality is a legal requirement and also a professional, ethical and legal duty. By law, breaching confidentiality may end in unlawful condemnation and punishments The moral consequence when breaking confidentiality is loss of client, loss of reputation, loss of revenue, and breaking of moral, lawful and moral obligations. A credulous bond between nurses and patients will improve patient satisfaction and will help patient to disclose even the most sensitive information which will help in their treatment and care. This will also improve adherence to medical management plans in almost...

Words: 1012 - Pages: 5

Premium Essay

Legal Ethich Isssue in the Health Care Business

...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 being...

Words: 2214 - Pages: 9

Free Essay

Essay

... Organ donation is a significant health care issue in which ethical and legal concepts can be applied. Many people can benefit greatly from organ transplants in terms of extent and quality of life, but usually the demand exceeds the supply and this issue can leads to ethical dilemma with regard to who lives?, who dies? and who decides? (Pozgar, 2013). Therefore, for healthcare providers the ethical issue arise when they have to make decisions with regard to who lives and dies making for them the decision really hard even when there is guidelines to follow. On the other hand, another salient ethical and legal concerns associated with this issue can be the costs related to some organ transplants in which they are very expensive. Therefore, many questions raise regarding how best to provide more organs, how to reasonably distribute limited resources, and whether all transplants should be covered by public funds. Another questions that raised from this issue is; who gets priority? For instance, will be the priority based on the severity of a person's illness or their age? (Pozgar, 2013). In addition, will money and social status influence this decision? Therefore, a rich person would get a new organ and a poor person refused? For all these reasons, there are many issues arising from organ transplantation that have to be managed and solved considering the well being of the patients. In organ donations, the ethical and legal issues have to be addressed keeping in mind principles...

Words: 1051 - Pages: 5

Premium Essay

Organizational Ethics

...and practices regarding potentially controversial issues are part of organizational ethics. These ethics are often guided by the law; most business uses ethics in order to be accepted by the public or to have a successful business. Ethical principles can address organizational issues which help the organization to follow good practices within their organization or company. I am part of the Parkland Health & Hospital System organization, and this organization is committed to providing the best possible care to our patients as well as the community we serve. Therefore it is critical to our staff that we provide patient centered patient valued care that is ethical when caring for our patients. The care of our patients along with our business operation it is an important part of how we are looked upon. The main goals of our organization is to adopt a culture of integrity, and accountability with ethical behavior, in order to establish internal controls that will abide by the laws and regulations which will maintain ethical practice within our hospital. Within the healthcare field and especially public health (county hospital) external social pressures has a big influence on the ethics within this organization. As part of public healthcare this organization has to follow strict ethical practices because we are constantly under public scrutiny from external was well as social pressure which has a high influences on the patients that we serve. In this day and time with the vast...

Words: 682 - Pages: 3

Premium Essay

Legal Aspects of Professional Psychology

...Legal Aspects of Professional Psychology Michael Lampe May 06, 2013 There are many factors that can affect a professional in the field of psychology. Some of these factors may be ethical issues and some may have legal issues. These two issues may seem similar. However, they are very different. American Psychological Association (APA) Ethics Code can help clear up any problems with ethical issues. The legal issues are not as easy to see or find the correct answers. Legal issues can be separated into two categories, legislation and litigation. Legislation concerns governmental bodies passing laws. Litigation is laws that are formed by the rule of the law. There are legal issues related to informed consent, assessment, testing, diagnosis, and confidentiality. These issues will be discussed and the influence of legislation on the field of psychology will be evaluated. Competency will also be covered. Informed Consent Informed consent is a legal and ethical term defined as the consent by a client to a proposed medical or psychotherapeutic procedure, or for participation in a research project or clinical study. In order for the consent to be informed the client must first achieve a clear understanding of the relevant facts, risks and benefits, and available alternatives involved. Informed consent requires legal documentation in all 50 states. The concept of informed consent originated with the recognition that individuals have rights: to freedom, autonomy and human dignity...

Words: 1719 - Pages: 7

Free Essay

Ethical and Legal Issues in Pharamcy

...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...

Words: 1701 - Pages: 7

Premium Essay

Administrative Ethics Paper

...Administrative Ethics Paper Kelly N McCoy HCS/335 May 19, 2014 Melissa Green, MHA Administrative Ethics Paper Safeguarding patient privacy has been a serious problem even with current technology. Not only are “regular” patients at risk; celebrities and politicians are at a greater risk related to the current culture of social media, reality television, and the “need to know” attitude of today’s society. In the past ten years, serious issues with breeches in celebrity and politicians privacy and confidentiality have risen. For example, in 2013, the reality star Kim Kardashian’s and rapper Kayne West’s medical records were inappropriately accessed between June 18th and June 24th, after giving birth to a baby girl at Cedars-Sinai Medical Center (Associated Press, 2013). In order to ensure and safeguard patient privacy and confidentiality, issues related to breaching patient privacy must be addressed. This paper will address the following: 1. Background information in relation to the breach of Kim Kardashian and Kayne West’s privacy. 2. Arguments or specifics used in the article to support the proposed solution. 3. Ethical and legal issues. 4. Managerial responsibilities related to administrative, ethical issues. 4. Solutions to reduce and prevent breaches in patient privacy. Last year, reality star Kim Kardashian and Kayne West’s medical records were wrongly and unauthorized accessed by five employees of Cedar-Sinai Medial Center after the birth of their daughter (Associated...

Words: 1226 - Pages: 5

Premium Essay

Admistrative Ethics Paper

...the current administrative issue that is arising in the newspaper regarding patient privacy is the ability to email your physician. While technology is constantly growing every day to ability to email your physician is more convenient and getting direct results is more convenient then awaiting his phone call but is this always the most ethical decision to make? Hackers breaks into computer systems each and every day even though the fire walls are built to reduce or eliminate occurrences that happen due to the growing technology this isn’t always the best decision. This issue goes hand and hand with the ability to have patient records stored electronically while this is currently present in most hospitals the issue that occur is that anyone have access to the patient records within and outside the hospitals and numerous of other locations. The ability to share patient’s records to other hospitals via online has decreased the patient privacy dramatically. I am going to get into the issue and its impact on the population it affects most. I’m going to get into different viewpoints arguments or facts that are used in the article to support the proposed solution. I’m going to get into some of the ethical and legal issues reported for my administrative issue. I’m also going to explain the managerial responsibilities related to administrative ethical issues. And lastly I am going to identify any propose solutions to this current administrative issue. The issue of being able to get medical...

Words: 1180 - Pages: 5

Premium Essay

Professional Moral Compass

...I frequently am asked business-related questions that fall in the gray area between ethics and legality. Although ethics and law are separate domains, the issues we face in healthcare often intersect these areas. While the American Nurses Association Code of Ethics is the standard of ethical conduct, often nurses are confronted with issues that go beyond these principles. Historically, healthcare ethics concerned patients' rights, including the right to be part of their healthcare decision-making. As nurses expand their scope of responsibility, we find ourselves faced with ethical decisions not involving only patients' rights and professional issues, but also issues relating to business and economic factors. Many ethical dilemmas involve the potential conflict of interest between the needs and interests of the patient and the desire of the practitioner to make more money. Ethical vs. Legal Conduct To begin with, it is helpful to distinguish between ethical conduct and legal conduct. For nurses and other medical professionals, behavior that might be considered unethical does not necessarily have to be illegal, but most illegal acts are always unethical. A nurse's behavior, if guided by moral imperatives, should ethically reach a level of responsibility and decision-making that stands apart from legal considerations. Simply put, ethical standards govern our behavior and are based on honesty, responsibility and fairness. In this age of decreasing reimbursement, increased...

Words: 632 - Pages: 3

Premium Essay

Hcs 545

...Ethical Health Care Issues Paper HCS/545 May 22nd, 2013 Mary Nell Cummings University of Phoenix Ethical Health Care Issues Introduction There are many ethical health care issues that are currently affecting our society. One of the current healthcare issues that are affecting our society is blood transfusion, the ability to receive medical treatment. This issue affects our society because it enables patients to receive blood transfusions in many situations that can save lives. Many reasons behind blood transfusions are done for injury, major surgeries and related blood disorders. In this paper, we will discuss the importance of blood transfusion and reasons why it is a current ethical health care issue. The four major ethic principles will be used to evaluate and apply reasons to this issue. Blood transfusion is a medical treatment that replaces blood loss during serious injuries, surgery, disease, lack of blood due to blood disorders and illness (Torphy, 2012). Blood donated comes from another person and used for transfusions. Patients who have illnesses and common blood disorders are highly recommended to have blood transfusions to replace missing blood and to help treat the disease. Blood transfusion transfers 40,000 units of blood using blood transfusion daily (Torphy, 2012). Transfusions are very safe and used often. With blood transfusions, risks can occur when hemolytic transfusion reaction to blood given that is not compatible with the patient’s...

Words: 1058 - Pages: 5

Premium Essay

Ethical Issues in Nursing

...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...

Words: 1410 - Pages: 6

Premium Essay

Euthanasia

...EDUCATION AND TRAINING LEGAL AND EThICAL IssUEs Of EUThANAsIA: ARGUmENTATIvE EssAy Bilal S. H. Badr Naga Majd T. Mrayyan (1) Bilal S. H. Badr Naga., MSN, RN, Prince Sultan Cardiac Center in Qassim, Saudi Arabia (2) Majd T. Mrayyan., Prof, RN, The Hashemite University, Jordan Correspondence: Bilal S. H. Badr Naga., MSN, RN, Prince Sultan Cardiac Center in Qassim, Saudi Arabia Email: Bilal_badrnaga@yahoo.com Case scenario Abstract Euthanasia is one of the issues that has been the subject of intense debate over time. It has been a pertinent issue in human rights discourse as it also affects ethical and legal issues pertaining to patients and health care providers. This paper discusses the legal and ethical debates concerning both types of euthanasia. It focuses on both the supporter of euthanasia and the opponent of euthanasia. Several statements for the Euthanasia argument arediscussed: a merciful response that alleviates the suffering of patients which is sometimes wrongly perceived to be otherwise unrelievable; the autonomy in which the patient has the right to make his own choices; the regulation and legislation of existing practices of euthanasia to protect health care providers and patients. In this heated debate religious, political, ethical, legal and personal views are also included. Among all these, those who desperately want to end their lives because they simply cannot go on in any way, are the ones who suffer. Every individual or group has a different viewpoint...

Words: 7058 - Pages: 29