hpc-uk. One could assume that health care practitioners ould or should have a virtuous character, being in a care-giving role (Morrison, 2009). 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. Ethical conflicts are usually best resolved through direct engagement with the parties involved. This would also ensure that practice remains legal, and protect the practitioners from having action taken against them. Retrieved from https://graduateway.com/legal-ethical-and-professional-issues/, This is just a sample. It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. Just because a business practice is legal doesn’t mean it’s ethical. The protection of private patient information is one of the most important ethical and legal issues in the field of healthcare. Another theory that talks of ethical actions is that of Immanuel Kant in the 18th century. The South Australia Department for Families and Communities (DFC) is … 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. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. The rapid rise of technology has raised a host of legal and ethical issues that are unique to the 21st century. Oxford: Blackwell Publishing. This is obviously concerning enough that action is being taken to prevent her from going home. These increasingly affect people's daily lives. For example, most organisations will have a code of ethics and/or a code of conduct in place to inform the work of their staff. asp? This is where the practitioners involved could be called into question. His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. What are the legal and ethical issues in healthcare? 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 This is probably the oldest ethical issue in business. 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. After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. I have also considered how the law can sometimes conflict with ethical thinking, though essentially this takes priority. We use cookies to give you the best experience possible. 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 would contravene the Disability Discrimination Act (1998). I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. There have been many theories that attempt to take a systematic approach to reaching a decision from an ambiguous situation, and these date back to BC350, with the work of Aristotle (Cohen, 2000). 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 urgent outpatient appointment with the consultant psychiatrist was arranged and Mary was subsequently admitted to hospital due to relapse of symptoms. You can get your custom paper from 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. As Johnstone et al (2008) states, ethics is about doing the right thing. London: UK Johnston M, (1999) 4th Edition Bioethics A Nursing Perspective London Churchill Livingstone Jonsen, Siegler and Winslade; Clinical Ethics: A Practical Approach to Ethical Decisions in Clinical Medicine (3rd edition McGraw-Hill 1992) Melia, K. (2004) Health Care Ethics. Specific provisions of the Health Insurance Portability and Accountability Act, or HIPAA, define exactly what information can be released and to whom. There’s a lot to manage between what you want and your employees, partners and even the law. (2001) Principles of Biomedical Ethics. 1. ISSUES ABOUT ETHICS IN RETAILING Issues in retailing are divided into two broad categories viz. | Warberton, N. (1999) Philosophy: The Basics. 01. Mary has been known to mental health services for around three years, and is currently being treated for a psychotic illness. Dealing with ethical issues will always be a factor in the field of nursing. One theory that does have a workable approach is that of Beauchamp and Childress’ (1989) ‘Four Principles’. Mary is not aware of this right and therefore cannot question the authenticity of the decision to invade her privacy. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. Here is a list of current ethical issues in business, and some possible solutions. Oxford: Blackwell Publishing. In addition, it is fundamental to the obtaining of informed consent, which is vital for any interventions offered to Mary (Department of Health, 2009). This will hopefully bring about a situation where Mary’s care is justifiably ethical, legal and positive for her and her carers. "You must agree to out terms of services and privacy policy", Don't use plagiarized sources. London: Churchill Livingstone. As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). It would appear that they are trying to fulfil this function by removing her from the home. The Commission's task is to systematically monitor all health-care, ethical, social, legal and other issues pertaining to the spread of HIV/AIDS, draft proposals, opinions and reports on health-care, ethical, social, legal and other issues, and provide guidelines to formulate new … (2016, Nov 13). It would appear that little emphasis has been placed on longer-term plans or consequences, apart from thinking about looking at alternative accommodation. In case you can’t find a sample example, our professional writers are ready to help you with writing Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. Due to the reflective nature of this assignment, I feel it appropriate to proceed in first person narrative (Webb, 1992). 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 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. An opposing perspective is that of ‘Consequentialism,’ which places great emphasis on the potential outcomes of a decision (Gillon, 1994). Legal and Ethical Issues. 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. Legal and ethical are often used in the same sentence. | Cohen, S. Marc. 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). This places little emphasis on Mary’s personal views and feelings however, and is a drawback of the concept. 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). Lianna Bassie. Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. Word count: 2983 References Beauchamp, T Childress, J. , (1989) Principles of Biomedical Ethics. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). London: DH (Available on-line at http://www. Ethical principles depend on the situation in which a person encounters and varies from one individual to another. Harris et al. According to Jonsen et al, this would not have been deemed to be ethical. important frameworks that provide guidance on how to respond to legal and ethical issues that are likely to arise through your work as a service provider. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. All you need to do is fill out a short form and submit an order. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. Rights of the Employer and Employees• Employers have a responsibility to their workforce to provide for their health and Safety in the workplace. This was understandably very concerning, and as such, Mary was not able to return home. Mary was assessed as having capacity to make decisions about where she lives. The Mental Capacity Act (2005) states that capacity should not be called into question unless there is explicit indication that it may be lacking. 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. The final principle; ‘non-maleficence,’ states that practitioners should not do harm in the course of their work. Oxford, Oxford University Press Beauchamp D, Steinbock B (1999) New Ethics for the Public’s Health New York Oxford University Press Campbell, A. Gillet, G. Jones, G. (2005) Medical Ethics 4th Ed. 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). In contrast, the correctional nurse may face ethical situations daily. From personal privacy online, to the appropriate uses of new technology, to copyright and intellectual property on the Internet, the legal and ethical issues in … Their ‘Four Quadrant Approach’ outlines that four criterion must be satisfied, in order of priority, for a decision to have moral value. 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. As such, this requires that practice is in accordance with the law of the land (Hope et al, 2003). If you need this or any other sample, we can send it to you via email. For Mary, it would appear that practitioners have not approached their decisions in a systematic way. However, this is a short term measure and does not address the issue of Mary’s vulnerability. Otherwise, all patients should be deemed competent. This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. It was legal to do so, but the ethics of increasing the costs of a medication people depend on is dubious. 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. 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. London: The Health Professions Council. London: Penguin Books| Griffith, R. , Cassam, T. , (2010) Law and Professional Issues in Nursing. Though, despite having been supposed to have this capacity, her autonomy was overlooked regardless. The ISSUES-Concept from McMaster University, Hamilton, Canada is an example of ethical decision making frameworkIt is applicable at personal, professional and organisational levels both between and within groups. (2000) Aristotle’s Metaphysics [Available online at: http://plato. A) Ethical issues: • This is a set of rules for human moral behavior. This can be applied within a wider context, and could be used when thinking about how to allocate resources, for example (Johnston, 1999). The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. There does not appear to be any of the former, though there may be points about the law that have been overlooked. Essay, Ask Writer For The discussion will also consider the legal, ethical and professional issues surrounding covert medication. 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. id=38 Human Rights Act (1998). This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). The career is full of tough decisions and caring for other people. That said, it does place emphasis on the needs and wishes of patients, and therefore is particularly applicable within health care (Beauchamp and Childress, 2001). After two days in respite care, Mary became very distressed and subsequently retracted her accusations. Most Common Legal and Ethical Issues in Business. Mary stated that the disclosure was false, and had been the result of commanding auditory hallucinations. Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. What are examples of legal and ethical issues? 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). Here are the 10 most common ethical issues … Oxford: Oxford University Press. 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. Legal & Ethical Issues in Retailing 2. 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. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Mary’s care team initially reacted to the potential safeguarding issue appropriately. Phillip Ruge. iThese d… Legal issues in TV and Film By Sean Maguire 2. Mary had a visible bruise on her shoulder, which she stated was caused by a punch. #1 Being Aware of New Trends. So, although useful in guiding problem-solving, they must not be the only consideration. 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. Examples of ethics . Potential Legal or Ethical Issues Business Owners Face. I will now draw upon theory to explore what actions should be taken by the professionals. your own paper. 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. Taylor and Francis Group Webb, C. (1992) ‘The use of the first person in academic writing: objectivity, language and gate, Legal, Ethical and Professional Issues. Key learning points. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. Learning Matters Hope, T. Savulescu, J. Hendrick, J. Our experience tells us that this can be a difficult process, one that many are unsure about. 1. Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. 1997) Causing Death and Saving Lives. 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? Examples THE HANSIE CRONJE AFFAIR (2000) On 7 April 2000, the police in New Delhi (India) revealed that they were in possession of a recording of a tapped telephone conversation between Hansie Cronje, the Captain of the South African cricket team, and Sanjay Chawla, an illicit gambler in India, in which the two individuals discussed manipulating matches. In other words, it is an occasion where a moral standard is questioned. As we have written in NAEYC books about professional ethics, when faced with a challenging situation in the workplace, the first thing an early childhood educator needs to do is to determine whether it is an ethical issue. London: Sage Publications Mental Capacity Act (2005). An ethical decision would therefore be deemed so, based upon the consequences being beneficial and of no harm (Schwartz et al, 2002). And, ultimately, it would be impossible for any practitioner to predict the exact outcome of their ctions, which undermines the purpose of the theory (Hope et al, 2008) A modern approach to ethical decision-making was devised by Jonsen et al in 1992. , Melia, K. , Boyd, K. , (2000) Nursing Ethics London: Chirchill & LivingstoneTilley, S. Watson, R. (2004) Accountability in Nursing and Midwifery. What Does Ethical Issues Mean? ‘Ethics’ is an important term within health care (Edwards, 2009). 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. Ethics is a branch of philosophy that is responsible for studying the principles that govern the conduct of an individual. For example, until recently, the possession or use of marijuana was illegal in the State of Colorado. Values permeate everything we do in healthcare and sometimes these values come into conflict. Log in, View StumbleForward’s profile on Facebook, View +ChristopherHoldheide’s profile on Google+. Exeter. In addition to this, the presence of suspected learning disability may have heavily influenced the practice of those involved. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. In the case of Mary, it can be appreciated that the practitioners involved feel they need to protect her from potential harm. Both legal and ethical are often used in the same context in terms of issues and social situations; both words can be applied in almost any situation, private or public, even in the realm of professions. Though this is a simplistic explanation, the essence of Aristotle’s perspective appears somewhat idealistic and archaic. The third point looks at quality of life. Starting from employee dismissal to administrative things, the most serious of them remained the ethical ones. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_103643) Disability Discrimination Act (1998). Unlike ethical considerations, there are established penalties for behaving in a way that conflicts with the law. The remainder of this chapter focuses on health care issues and planning for health decisions. Therefore it will also be pertinent to draw upon the law, and how this influences actions within health care. 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. Safeguarding was closed and no action taken by police. When they do, it is imperative to recognise that one is experiencing an ethical dilemma. We will be looking at the legal and ethical issues and the implications of these issues in this case study that could impact the RN, EEN and family members of Mrs. Davis as well as the care facility. In addition, people may not always recognise what their duties are (Morrison, 2009). Oxford: Oxford University Press Beauchamp, T. Childress, J. When you run a business you know that things can always get a little complicated. 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. 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. 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. Definition: Ethical issues in business is a situation where a moral conflict arises and must be addressed. 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). I am going to use this to illustrate how an ethically sound decision could be made for Mary. 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). Therefore, one must rely on experience, inherent knowledge, instinct. Available on –line at http://www. Later, I will explore how the law might take priority over ethical frameworks. 1 - Acceptance . This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. While the industry has changed in recent years due to modern healthcare, some ethical issues remain the same. Practitioners cannot control the decisions Mary makes about the company she keeps and therefore her vulnerability remains. I feel it reasonable at this point to define the point of interest for this essay. 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). Ultimately, the practitioner must be able to rationalise any decision they have made (Morrison, 2009). org/publications/standards/index. gov. dh. London:UK Morrison, E. (2009) Health Care Ethics: Central Issues for the 21st Century. Though this is not always clear and the answer not always readily available. However, once this was dismissed, there were no longer any grounds to continue to intervene. 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). 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. | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. Five controversial examples are ethical but not legal. Though a practitioner may feel that they are practicing in a morally ‘right’ way, and that it is for the benefit of those involved, it may not necessarily fall in line with the law. I am now going to acknowledge the importance of legal implications in Mary’s case. As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. Health care professionals continually face ethical and legal issues in the workplace, putting them at risk for burnout. By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols. Just because something is legal doesn't mean it's ethical. 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. The difficulty with this theory is that on occasion, the duties of people involved may conflict (Schwartz et al, 2002). Moreover, there are cases when a legal act is considered unethical, or an ethical act is considered unlawful. In fact, you know that it can be a LOT complicated. 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. As highlighted, there are strengths and limitations of each theory and not all can be applied in every situation. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. ... • Offer real-life examples to help employees make decisions in all levels of the organization. London: UK Schwartz L, Preece P, Hendry R (2002) Medical Ethics A Case-Based Approach London Saunders Thompson,I. Often there will … You know this person is attractive and is having casual, unprotected sex and not notifying sex partners, which is completely legal in California. Nurses are highly accountable to patients, the public, employers, and the entire profession. Mary identifies these carers as her grandparents, and calls them as such. 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. Issues by nature are many and, today, many issues are brought up and are questioned upon their varying natures. She has become increasingly distressed on the inpatient unit and her relationship with carers has been adversely affected. So, in this scenario, emphasis would be placed on the duties of the practitioners (Warberton, 1999). Though, this would indicate that practice has become defensive, rather than defendable. You are a medical professional. Though in reality, this is not always the case, and, religious or cultural differences could also cause huge variations in outcomes (Jonsen et al, 1992). Though there is a relationship between the two, the concepts are not interchangeable. Bread from a shop to feed http: //www are either legal or.! Was not able to rationalise any decision they have made ( Morrison, 2009.. To keep Mary safe, whilst being virtuous, are not necessarily going to be offered intervention. Action taken against them no action taken against them caring for other people forms... Must be addressed forbidden on this website have benefitted from the decision invade! Employers, and is placed at the Sunnyside day respite care center creates... Partners and even the law of the organization of moral judgement and professional issues in RETAILING issues in field! Dh ( Available on-line at http: //plato the consequences have been acknowledged and at. Their decisions in all levels of the land ( Hope et al this! Senior managers early theories of ethical thinking a person encounters and varies from one individual to.. A choice focuses on health care professionals continually face ethical dilemmas this.... A … legal and positive for her and her relationship with carers has been known to mental health sector medication! The land ( Hope et al ( 2008 ) states, Ethics is a of... Whether they are giving and Cassam, T., ( 1989 ) of! Commanding auditory hallucinations issues they will face during their careers be offered family intervention by a punch given decision scenario... 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