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Ethics and Law in Nursing

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Dilemmas and D'Legals: Ethics and Law in Nursing
Marsha Brice, Barbara Gong, Holly Lavely, Lindsey Talbot, Loveda Turnage
NUR/391
August 6, 2012
Esther Van Baren

Dilemmas and D'Legals: Ethics and Law in Nursing Every day nurses are confronted with situations that lead them to question their ethics and the legal duties of their profession. Both dilemmas are presented for examination and discussion in this class via two scenarios. In the first case scenario, the family of a victim of a hemorrhagic stroke must decide what measures they want the hospital staff to take to either sustain her life or if they want to deny any or all life-saving steps. In this instance, the father and children are at odds in their decision. The next case presents malpractice lawsuit scene where a nurse is called to testify on behalf of the patient against the negligent nurse and hospital. While these situations are vastly different, they share two inherent questions: What is the ethical thing to do? What is the nurse’s legal obligation? Each case study produced different legal questions. In the first case study the family of the patient could not agree on a course of action. There was no advance directive and the patient was not conscious. The husband of the patient in this case is the legal next of kin and is therefore legally responsible for making health care decisions for his wife when she is unable to do so. The children of the patient could challenge their father in court. A court battle would prolong any treatment the husband may deem necessary for his wife. The nurse has an obligation to the patient’s family as well as the patient. In the second case study, a nurse is called to testify in a malpractice case in which she had witnessed another nurse being negligent. The witnessing nurse previously reported the negligent nurse to administration and must now

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