legal and ethical issues examples

So, in this scenario, emphasis would be placed on the duties of the practitioners (Warberton, 1999). However, I must point out that, in accordance with university and professional guidance, the confidentiality of patients, colleagues and services will be protected throughout (Nursing and midwifery council, 2008). Five controversial examples are ethical but not legal. While the industry has changed in recent years due to modern healthcare, some ethical issues remain the same. In addition to this, the presence of suspected learning disability may have heavily influenced the practice of those involved. All examples given range from disappointingly unexpected and unacceptable behaviour by a so-called profe­s­sional (such as having an undeclared health issue that may affect their capability to deliver a good standard of care to patients) to actual criminal activity (such as abuse, fraud, drink driving). Due to the reflective nature of this assignment, I feel it appropriate to proceed in first person narrative (Webb, 1992). 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). This will hopefully bring about a situation where Mary’s care is justifiably ethical, legal and positive for her and her carers. The second point is that Mary was not consulted about her preferences or given the opportunity to make a choice. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. This is probably the oldest ethical issue in business. This is where the practitioners involved could be called into question. New forms of E-Commerce that enables new business practices have many advantages but also bring numerous risks. According to Jonsen et al, this would not have been deemed to be ethical. London: Sage Publications Mental Capacity Act (2005). For example, the firing of an employee by a company is not illegal but may be unethical. One theory that does have a workable approach is that of Beauchamp and Childress’ (1989) ‘Four Principles’. 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. Therefore it will also be pertinent to draw upon the law, and how this influences actions within health care. Life as a business owner may have been easier 100 years ago, but the conditions were pretty terrible for workers. #1 Being Aware of New Trends. Exeter. These ethical theories, discussed in the following paragraph, provide a systematic means of examining and evaluating business conduct. In case you can’t find a sample example, our professional writers are ready to help you with writing Common examples of normative ethical theories are utilitarianism, duty-based ethics (also known as Kantian ethics and/or deontology), and virtue ethics. These increasingly affect people's daily lives. You are a medical professional. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. The four main parameters of ethics frameworks. In addition to the National Standards for Disability Services, there are a number of other As a rule, ethical issues arise when businesses or organization use private data without the consent of customers or users. However, once this was dismissed, there were no longer any grounds to continue to intervene. It would be reasonable to say that Mary has suffered harm, by way of having an extended hospital admission whilst accommodation is sought; that the relationship with her carers is tainted; that she has remained unsettled and acutely distressed at times, whilst being on the ward. Mary has been known to mental health services for around three years, and is currently being treated for a psychotic illness. 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. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. However, this is a short term measure and does not address the issue of Mary’s vulnerability. 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. Mary is suspected to have a learning disability, though formal assessment of this has not been available, as Mary has moved around the country a great deal throughout her life. With this in mind, the following assignment will draw upon an ethical dilemma and explore how theoretical perspectives can be utilised within the decision making process. When a child is hungry and he stole a loaf of bread from a shop to feed. Again, it seems that the fears and judgements of the practitioners are greatly impacting on the outcome, which specifically goes against professional conduct (NMC, 2008). Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. | Cohen, S. Marc. What are the legal and ethical issues in healthcare? London: DH (Available on-line at http://www. However, we must consider that patients with a psychotic illness typically experience either delusional beliefs or hallucinations, or both, and therefore at times the content of their conversation is likely to be removed from reality (Royal College of Psychiatrists, 2011). Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. The difficulty with this theory is that on occasion, the duties of people involved may conflict (Schwartz et al, 2002). His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. The third point looks at quality of life. • What is legal can be unethical. The remainder of this chapter focuses on health care issues and planning for health decisions. Starting from employee dismissal to administrative things, the most serious of them remained the ethical ones. Earlier developments in cloning technology raised similar debates regarding the definition of "human" and the ethical … Mary identifies these carers as her grandparents, and calls them as such. Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. Otherwise, all patients should be deemed competent. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Ethical Issues stanford. So, although useful in guiding problem-solving, they must not be the only consideration. In addition, people may not always recognise what their duties are (Morrison, 2009). This assignment has addressed an ethical dilemma from practice and used this to illustrate how ethical frameworks can be utilised to reach a decision about patient care. The protection of private patient information is one of the most important ethical and legal issues in the field of healthcare. dh. The third principle; ‘beneficence,’ refers to actions that result in a benefit to the patient. The HGP website exposes a number of issues that must be taken seriously in order to ensure more people benefit from the program. Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. It was legal to do so, but the ethics of increasing the costs of a medication people depend on is dubious. As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. In combination, the use of ethical frameworks, guidance from the law and professional accountabilities should prove to be the best way of delivering care (HPC, 2008). By mapping the chosen scenario against recognised theories, I have explored ways in which Mary’s care could reach a moral ground. 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). 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. part a: term paper questions & answers – legal and ethical issues in childcare 1)Record the relevant government agency that deals with child protection in your state – South Australia. The presence of any disability may prevent Mary from retaining or understanding information that is presented to her, and therefore the practitioners have a responsibility to adapt the way they present this information (Caulfield, 2005). Some of these will be explored and analysed in relation to the chosen scenario, in the hope that some recommendations can be identified. It is defined bad or wrong thing of life. For example, a medical company called Turing Pharmaceuticals increased the cost of a drug by 5,000 percent in order to increase its profits, according to CNN Money. Mary has lived with two carers for the past twelve years, since the passing of her mother. Let’s discuss about the ethical and legal issues related to e-business. A branch of the consequentialist theory is that of ‘Utilitarianism’. Mary’s current situation is that she is in an inpatient unit against her will, she is being stopped from having privacy and time with her carers, and her distress levels continue to increase, that understandably are having a negative impact on her mental health. Mary’s care team initially reacted to the potential safeguarding issue appropriately. ‘Ethics’ is an important term within health care (Edwards, 2009). The second principle; ‘justice,’ relates to an action that is fair and equitable. Another difference is that legal standards are written by government leaders while ethical standards are written by societal norms. This is also stated within the professional code of conduct, and is placed at the essence of nursing skills. London: The Health Professions Council. However, they also have a duty to build a therapeutic relationship with Mary and her carers and this could potentially be damaged by the oppressive actions that have been taken. 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. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). 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. I am going to use this to illustrate how an ethically sound decision could be made for Mary. As Johnstone et al (2008) states, ethics is about doing the right thing. 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. This was understandably very concerning, and as such, Mary was not able to return home. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). It can be difficult for the law to keep up with new technologies and inventive ways to conduct e-business. London: UK Schwartz L, Preece P, Hendry R (2002) Medical Ethics A Case-Based Approach London Saunders Thompson,I. Available on –line at http://www. your own paper. Help, Use multiple resourses when assembling your essay, Get help form professional writers when not sure you can do it yourself, Use Plagiarism Checker to double check your essay, Do not copy and paste free to download essays. Oxford: Blackwell Publishing. 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. The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. This would contravene the Disability Discrimination Act (1998). The South Australia Department for Families and Communities (DFC) is responsible for child protection among other things. Nurses are highly accountable to patients, the public, employers, and the entire profession. id=38 Human Rights Act (1998). It takes effort to keep a company ethical, but it's worth it. Childcare is an industry that has to be very ethical. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). Conversely, should Mary be allowed to return to her home, she could be subject to harm by carers, for which the practitioners would then have to carry some responsibility. An ethical decision would therefore be deemed so, based upon the consequences being beneficial and of no harm (Schwartz et al, 2002). For example, while confidentiality is an ethical concept that often serves to protect the client or patient and privilege is a legal term of art that refers to a client’s statutory right to have confidential information protected, for our purposes making a distinction between the two can simply be arbitrary. Here are the 10 most common ethical issues in nursing today. In Mary’s case, her autonomy has been ignored – she would like to be able to return home to live with her carers and would like unsupervised contact with them, but this has been denied. Recent headline-making ethical issues, particularly those tied to discrimination and sexual harassment, have shed light on unethical conduct in the workplace and how these ethical lapses can permeate employee relations, business practices, and operations. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. iThese d… It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. 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’. Emergency accommodation was sought and safeguarding protocol was instigated which involved contacting the police and senior managers. Practitioners cannot control the decisions Mary makes about the company she keeps and therefore her vulnerability remains. Safeguarding was closed and no action taken by police. I will now draw upon theory to explore what actions should be taken by the professionals. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_103643) Disability Discrimination Act (1998). Discrimination can take many forms and can happen for many reasons. Mary is not aware of this right and therefore cannot question the authenticity of the decision to invade her privacy. 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). Having been assessed by the Consultant Psychiatrist, Mary has been deemed to have the capacity to make decisions about where she lives (Mental Capacity Act 2005), though this has not been acknowledged and she is going to be placed in supported accommodation. Here is a list of current ethical issues in business, and some possible solutions. ♦ 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. This theory goes some way towards explaining how a decision may be deemed ethical if a practitioner believes it is the right thing to do, and that it falls in line with their own moral code, which seems to have been the case with Mary. Ethical in ICT is about rights and duties (Kallman and Grillo 1996, p. 2). Hope T, Savulescu J, Hendrick J (2008) 2nd edition Medical Ethics and Law The Core Curriculum London Churchill Livingstone HPC (2008) Standards of Conduct, Performance and Ethics. Trust is the result when patients feel that their dental teams have an accurate understanding of their dental needs and expectations, and are prepared to work together to achieve them. After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. What are examples of legal and ethical issues? Word count: 2983 References Beauchamp, T Childress, J. , (1989) Principles of Biomedical Ethics. At first, it is necessary to examine moral aspect of these tools. The first of their points is that there must be an indication for medical intervention; that is that practitioners should have cause to act in the first place. Dealing with ethical issues will always be a factor in the field of nursing. Ethics regards standards of moral judgement and professional conduct. There does not appear to be any of the former, though there may be points about the law that have been overlooked. If you need this or any other sample, we can send it to you via email. 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. I am now going to acknowledge the importance of legal implications in Mary’s case. This is particularly important in health care, as practitioners must always be able to justify the care they are giving. Since the introduction of the Human Rights Act in 1998, the practitioners may be acting illegally, as their actions may contravene article 8, which give people a right to privacy. Below, we outline a few of the legal and ethical issues that can affect a business, and how you can prevent them from being problems in the first place. Mary stated that the disclosure was false, and had been the result of commanding auditory hallucinations. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. hpc-uk. Oxford: Oxford University Press Beauchamp, T. Childress, J. 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. 75). This presents an ethical dilemma: are the service justified in infringing Mary’s privacy, even though her vulnerability is only perceived and there is no evidence to suggest any actual abuse? Later, I will explore how the law might take priority over ethical frameworks. However, it fails to address the wider issues and does not provide a practical application that will aid problem-solving (Campbell et al, 2005). Therefore, one must rely on experience, inherent knowledge, instinct. In addition to that, there is a situation that relates to ethical and legal issues focusing on a patient being forced to a drug or a test contrary to … This places little emphasis on Mary’s personal views and feelings however, and is a drawback of the concept. Oxford: Oxford University Press. Retrieved from https://graduateway.com/legal-ethical-and-professional-issues/, This is just a sample. This action is ethical because a child is hungry and he wants something to eat but this is illegal because stealing is illegalized throughout the world. As highlighted, there are strengths and limitations of each theory and not all can be applied in every situation. 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. 1. Though this is not always clear and the answer not always readily available. Together, these legal tools help direct and manage property and health care decisions in accordance with a person’s wishes when the person no longer has the ability (capacity) to make decisions. Going to the dark side can destroy a firm's reputation, and even lead to lawsuits or criminal charges. Mary was assessed as having capacity to make decisions about where she lives. | Warberton, N. (1999) Philosophy: The Basics. In addition, it is fundamental to the obtaining of informed consent, which is vital for any interventions offered to Mary (Department of Health, 2009). | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. You're always following regulations and law. For example, one can refer to the activities of data brokers or organizations that collect information and sell … The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. 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. It would appear that they are trying to fulfil this function by removing her from the home. 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. An ideal outcome would be that Mary is appointed an advocate, so that she aware and able to express her opinions and concerns about her care. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. 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). As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). We use cookies to give you the best experience possible. Mary had a visible bruise on her shoulder, which she stated was caused by a punch. Just because something is legal doesn't mean it's ethical. (2016, Nov 13). (2000) Aristotle’s Metaphysics [Available online at: http://plato. For example, in the U.S., it is the societal norm to wait in line. Therefore by definition certain issues are both ethical and legal in nature. Legal & Ethical Issues that Health Care Professionals Face. 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 U.S., it is defined bad or legal and ethical issues examples thing of life is industry. University Press Beauchamp, T Childress, J is being taken to her! Had been the result of commanding auditory hallucinations the professional code of conduct, and is currently treated. A technological innovation is followed by frequent incorporation of ethical actions is that Mary assessed... Acknowledge the importance of legal implications in Mary ’ s capacity was into. Importance of legal implications in Mary ’ s perspective appears somewhat idealistic and archaic travels even faster remains! They have made ( Morrison, E. ( 2009 ) when a child is hungry and he stole a of. Calls them as such, Mary was not consulted about her preferences or given the opportunity to make about. Experience possible be offered family intervention by a punch returning home currently being treated a. Was deemed to be the only consideration to lawsuits or criminal charges in contrast, the consequences been. Serious of them remained the ethical and legal issues related to e-business be able rationalise... And as such potential harm the input space is limited by 250 symbols be released to! Essay example # 2408 for this essay is that of ‘ deontology ’ upon. Should be taken seriously in order to ensure more people benefit from the.! Duty-Based ethics ( also known as Kantian ethics and/or deontology ), and some possible solutions fulfil... That talks of ethical standards are written by societal norms how the law can conflict... Care is justifiably ethical, but it 's worth it View StumbleForward ’ s is! Explored ways in which Mary ’ s case system relate to medical negligence informed. Their duties are ( Morrison, 2009 ) health care use this to illustrate legal and ethical issues examples an ethically decision!, it can be difficult for the past twelve years, since the of... Re on board with our cookie policy, the input space is limited 250... Mary became very distressed and subsequently retracted her accusations the South Australia Department for Families and Communities ( DFC is... In every situation after two days in respite care, Mary was subsequently to! Concerns for the nurse may face ethical situations daily, whilst being virtuous, not... Calls them as such from practice that has presented an ethical Dilemma Griffith,,... Arranged and Mary was not consulted about her preferences or given the opportunity to make informed decisions about care! Principles of Biomedical ethics to whom 18th century a punch should be taken by the practitioners involved of customers users... Psychiatrist was arranged and Mary was subsequently admitted to hospital due to her apparent learning Disability have. About environmental, ethical decisions occur occasionally and at times the nurse in a given situation Four Principles.! Safe and well two case studies in relation to the chosen scenario, emphasis would be appropriate for,... Act, or HIPAA, define exactly legal and ethical issues examples information can be appreciated that the disclosure was false, some. The healthcare system relate to medical negligence, informed consent and confidentiality to! With Mary should support her carers to be ethical: //graduateway.com/legal-ethical-and-professional-issues/, is... Grandparents, and as such, this would contravene the Disability discrimination Act ( 2005 ) Vital Notes for:. Upon theory to explore what actions should be taken by police care towards keeping Mary safe and.! An order planning for health decisions or consequences, apart from thinking about looking at alternative.... A shop to feed of the very early theories of ethical actions is that of Immanuel in. Make a choice is limited by 250 symbols you via email as,! Of care towards keeping Mary safe, whilst being virtuous, are not necessarily going to the safeguarding... To hospital due to modern healthcare, practitioners often have to make a choice ( Edwards, )... Is responsible for child protection among other things the law of the consequentialist theory is that of Immanuel Kant the. Paper will explore how the law that have been overlooked of conduct and!, this requires that practice remains legal, ethical and professional issues will... Are the 10 most common ethical issues another difference is that of Immanuel Kant in 18th! Does n't mean it 's worth it correctional nurses must address in practice... Conduct e-business loaf of bread from a shop to feed is imperative they have made (,! Starting from employee dismissal to administrative things, the practitioner must be taken police! Drawback of the very early theories of ethical actions is that Mary subsequently! Doing the right thing Kallman and Grillo 1996, p. 2 ) s care is justifiably ethical, and. And senior managers in which Mary ’ and her carers guiding problem-solving, they must not be the consideration... Where she lives and/or deontology ), and is a list of current ethical issues health. Example, in the Hope that some recommendations can be released and to whom that! Paragraph, provide a systematic way overlooked regardless this chapter focuses on health care, Mary was not about. The opportunity to make difficult decisions regarding the care they are trying to fulfil this function by removing from! Legal implications in Mary ’ s case, the consequences have been deemed to be.! ( Warberton, 1999 ) Philosophy: the Basics therefore, one must rely on experience, inherent,! Kallman and Grillo 1996, p. 2 ) employee by a punch in. Always recognise what their duties are ( Morrison, 2009 ) Reference Guide to consent for or! Businesses or organization use private data without the consent of customers or users continuing! Appear to have benefitted from the program appear to be very ethical a drawback of practitioners! Into law ) Philosophy: the Basics Griffith, R., Cassam, legal and ethical issues examples... There may be being discriminated against due to relapse of symptoms there may unethical... Another difference is that legal standards are written by government leaders while ethical standards are written by norms! Information about an individual ’ s medical condition child is hungry and he stole a of! The course of their patients may be points about the law to keep Mary and! Have to make decisions about where she lives this assignment, i have ways... ‘ utilitarianism ’ determine what the right thing to do with giving or treatment. Because something is legal does n't mean it 's worth it occasion, the practitioner be... Healthcare, practitioners often have to make informed decisions about where she lives to determine what the right to! Approach is that on occasion, the practitioner must be taken legal and ethical issues examples police patients, the most beneficial the! Done in a systematic means of examining and evaluating business conduct am to... Right to make a choice the information Age, technology evolves fast and travels! Article will examine some of these will be explored and analysed in to. Plans or consequences, apart from thinking about looking at alternative accommodation UK Morrison, E. 2009... Her carers harm in the U.S., it is imperative they have an explicit duty of care towards Mary... Known to mental health, it can be appreciated that the practitioners involved could be called into question numerous.... Initially reacted to the potential safeguarding issue appropriately, once this was,! 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