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. Oxford: Blackwell Publishing. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_103643) Disability Discrimination Act (1998). 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. id=38 Human Rights Act (1998). Oxford: Oxford University Press. In fact, you know that it can be a LOT complicated. | Cohen, S. Marc. Ultimately, the practitioner must be able to rationalise any decision they have made (Morrison, 2009). 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. 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. Though this is a simplistic explanation, the essence of Aristotle’s perspective appears somewhat idealistic and archaic. An ethical decision would therefore be deemed so, based upon the consequences being beneficial and of no harm (Schwartz et al, 2002). Rights of the Employer and Employees• Employers have a responsibility to their workforce to provide for their health and Safety in the workplace. 1 - Acceptance . The last point that Jonsen et al makes is that the decision must be looked at in the context of wider issues, such as cultural or religious influences, or legal implications. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. In this situation, I think the practitioners would struggle to do this, as the main motivator seems to be based on perceptions, rather than facts. 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. , Melia, K. , Boyd, K. , (2000) Nursing Ethics London: Chirchill & LivingstoneTilley, S. Watson, R. (2004) Accountability in Nursing and Midwifery. The Mental Capacity Act (2005) states that capacity should not be called into question unless there is explicit indication that it may be lacking. Though this is not always clear and the answer not always readily available. Log in, View StumbleForward’s profile on Facebook, View +ChristopherHoldheide’s profile on Google+. This was understandably very concerning, and as such, Mary was not able to return home. As such, this requires that practice is in accordance with the law of the land (Hope et al, 2003). In addition, people may not always recognise what their duties are (Morrison, 2009). stanford. In addition to this, the presence of suspected learning disability may have heavily influenced the practice of those involved. A branch of the consequentialist theory is that of ‘Utilitarianism’. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. Mary stated that the disclosure was false, and had been the result of commanding auditory hallucinations. 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. Get Your Custom Essay on, By clicking “Write my paper”, you agree to our, By clicking Send Me The Sample you agree on the, Legal Ethical & Professional Issues In Counselingg, Professional, Ethical & Legal Issues in Nursing Practice, Ethical, Professional and Legal Issues in CCTV Surveillance, The legal, ethical and professional dimensions of the Operating Department Practitioner (ODP), https://graduateway.com/legal-ethical-and-professional-issues/, Get your custom Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. When they do, it is imperative to recognise that one is experiencing an ethical dilemma. In addition, it is fundamental to the obtaining of informed consent, which is vital for any interventions offered to Mary (Department of Health, 2009). So, although useful in guiding problem-solving, they must not be the only consideration. The third point looks at quality of life. It would appear that little emphasis has been placed on longer-term plans or consequences, apart from thinking about looking at alternative accommodation. The protection of private patient information is one of the most important ethical and legal issues in the field of healthcare. Mary has lived with two carers for the past twelve years, since the passing of her mother. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. Nurses are highly accountable to patients, the public, employers, and the entire profession. Ethical principles depend on the situation in which a person encounters and varies from one individual to another. 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). In the case of Mary, it can be appreciated that the practitioners involved feel they need to protect her from potential harm. Lianna Bassie. 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). org/publications/standards/index. Some of these will be explored and analysed in relation to the chosen scenario, in the hope that some recommendations can be identified. Often there will … It would be fair to say that her quality of life is minimal at the current time, as a direct result of decisions being made about her care, without her input. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. Specific provisions of the Health Insurance Portability and Accountability Act, or HIPAA, define exactly what information can be released and to whom. 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. All you need to do is fill out a short form and submit an order. For Mary, it would appear that practitioners have not approached their decisions in a systematic way. Though, despite having been supposed to have this capacity, her autonomy was overlooked regardless. You are a medical professional. This can be applied within a wider context, and could be used when thinking about how to allocate resources, for example (Johnston, 1999). Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. Safeguarding was closed and no action taken by police. 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. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. 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. According to Jonsen et al, this would not have been deemed to be ethical. 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. Ethical and legal issues, being two kinds of issues that are often brought up especially in organizations, are two terms that often clash with one another and at the same time working with one another on different occasions, as well. 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. It was legal to do so, but the ethics of increasing the costs of a medication people depend on is dubious. Sorry, but copying text is forbidden on this website. 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). It would appear that they are trying to fulfil this function by removing her from the home. The difficulty with this theory is that on occasion, the duties of people involved may conflict (Schwartz et al, 2002). In contrast, the correctional nurse may face ethical situations daily. Whilst the ‘Four Principles’ theory is inclusive and straightforward to use, it does not recognise all elements that may occur within an ethical dilemma, such as cultural or religious needs (Jonsen et al, 1992). London: Penguin Books| Griffith, R. , Cassam, T. , (2010) Law and Professional Issues in Nursing. I will use this to demonstrate how Mary’s circumstances could be applied and resolved. Oxford: Blackwell Publishing. They often clash and work with each other. Word count: 2983 References Beauchamp, T Childress, J. , (1989) Principles of Biomedical Ethics. Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. Health care professionals continually face ethical and legal issues in the workplace, putting them at risk for burnout. The career is full of tough decisions and caring for other people. This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. ‘Ethics’ is an important term within health care (Edwards, 2009). Ethics regards standards of moral judgement and professional conduct. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). By mapping the chosen scenario against recognised theories, I have explored ways in which Mary’s care could reach a moral ground. Moreover, there are cases when a legal act is considered unethical, or an ethical act is considered unlawful. asp? Ethical, legal and environmental impacts of technology The use of computers has brought about environmental, ethical and legal issues and concerns. I have also considered how the law can sometimes conflict with ethical thinking, though essentially this takes priority. 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. Otherwise, all patients should be deemed competent. London:UK Morrison, E. (2009) Health Care Ethics: Central Issues for the 21st Century. His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. 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. As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). Discrimination can take many forms and can happen for many reasons. London: DH (Available on-line at http://www. Here are the 10 most common ethical issues … Another theory that talks of ethical actions is that of Immanuel Kant in the 18th century. An opposing perspective is that of ‘Consequentialism,’ which places great emphasis on the potential outcomes of a decision (Gillon, 1994). Though, this would indicate that practice has become defensive, rather than defendable. A factual knowledge of. Examples of ethics . 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. 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. Our experience tells us that this can be a difficult process, one that many are unsure about. Ethical conflicts are usually best resolved through direct engagement with the parties involved. 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). 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. Mary was assessed as having capacity to make decisions about where she lives. You have a patient who is HIV and HEP C positive and you are aware of this because that person is a patient of yours. The final principle; ‘non-maleficence,’ states that practitioners should not do harm in the course of their work. A) Ethical issues: • This is a set of rules for human moral behavior. Starting from employee dismissal to administrative things, the most serious of them remained the ethical ones. Therefore it will also be pertinent to draw upon the law, and how this influences actions within health care. Mary remains in hospital and is having contact with her carers but this is being supervised by staff, despite there being no substantiated concerns. 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. Mary had a visible bruise on her shoulder, which she stated was caused by a punch. Legal and Ethical Issues. Phillip Ruge. Later, I will explore how the law might take priority over ethical frameworks. 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). This would also ensure that practice remains legal, and protect the practitioners from having action taken against them. Legal and ethical are often used in the same sentence. These increasingly affect people's daily lives. Most Common Legal and Ethical Issues in Business. 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. 01. Potential Legal or Ethical Issues Business Owners Face. 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. 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 South Australia Department for Families and Communities (DFC) is … The relationship between these terms is quite apparent as many laws were created with ethical standards as the basis. 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. Their ‘Four Quadrant Approach’ outlines that four criterion must be satisfied, in order of priority, for a decision to have moral value. #1 Being Aware of New Trends. This would contravene the Disability Discrimination Act (1998). Workplace Issues: Ethical and Legal Physical Work Settings The physical position of the individual affects the performance of employees, and some of the factors that include temperature, noise, lighting, the size of the working area and the type of materials that make an impact on staff working with these factors (Granger 2010). I will now draw upon theory to explore what actions should be taken by the professionals. The second principle; ‘justice,’ relates to an action that is fair and equitable. 5th Edition. 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 … (2000) Aristotle’s Metaphysics [Available online at: http://plato. 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). However, it fails to address the wider issues and does not provide a practical application that will aid problem-solving (Campbell et al, 2005). iThese d… One theory that does have a workable approach is that of Beauchamp and Childress’ (1989) ‘Four Principles’. • Explicit code of ethics: Written policy that specifies what is ethical … The rapid rise of technology has raised a host of legal and ethical issues that are unique to the 21st century. 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. While the industry has changed in recent years due to modern healthcare, some ethical issues remain the same. Essay, Ask Writer For Though there is a relationship between the two, the concepts are not interchangeable. In case you can’t find a sample example, our professional writers are ready to help you with writing your own paper. This places little emphasis on Mary’s personal views and feelings however, and is a drawback of the concept. 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. 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. gov. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). 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. Mary does not appear to have benefitted from the decision to keep her from returning home. Due to the reflective nature of this assignment, I feel it appropriate to proceed in first person narrative (Webb, 1992). Available on –line at http://www. 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. Mary identifies these carers as her grandparents, and calls them as such. There does not appear to be any of the former, though there may be points about the law that have been overlooked. Phillip Ruge. Just because a business practice is legal doesn’t mean it’s ethical. Values permeate everything we do in healthcare and sometimes these values come into conflict. 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. (2003) Medical Ethics & Law: The Core Curriculum. Dealing with ethical issues will always be a factor in the field of nursing. 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. After two days in respite care, Mary became very distressed and subsequently retracted her accusations. In other words, it is an occasion where a moral standard is questioned. An urgent outpatient appointment with the consultant psychiatrist was arranged and Mary was subsequently admitted to hospital due to relapse of symptoms. Just because something is legal doesn't mean it's ethical. Issues by nature are many and, today, many issues are brought up and are questioned upon their varying natures. Mary has been known to mental health services for around three years, and is currently being treated for a psychotic illness. 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 As highlighted, there are strengths and limitations of each theory and not all can be applied in every situation. 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). ... • Offer real-life examples to help employees make decisions in all levels of the organization. Five controversial examples are ethical but not legal. This is probably the oldest ethical issue in business. However, once this was dismissed, there were no longer any grounds to continue to intervene. When you run a business you know that things can always get a little complicated. I am now going to acknowledge the importance of legal implications in Mary’s case. (2016, Nov 13). 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). Definition: Ethical issues in business is a situation where a moral conflict arises and must be addressed. 1. However, this is a short term measure and does not address the issue of Mary’s vulnerability. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. 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. The remainder of this chapter focuses on health care issues and planning for health decisions. As Johnstone et al (2008) states, ethics is about doing the right thing. Harris et al. 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. So, in this scenario, emphasis would be placed on the duties of the practitioners (Warberton, 1999). The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. One could assume that health care practitioners ould or should have a virtuous character, being in a care-giving role (Morrison, 2009). ... the ethical and legal implications of the following topics will be discussed here, with those of particular relevance to the duties of the dental nurse being covered in greater detail. Retrieved from https://graduateway.com/legal-ethical-and-professional-issues/, This is just a sample. Practitioners cannot control the decisions Mary makes about the company she keeps and therefore her vulnerability remains. You know this person is attractive and is having casual, unprotected sex and not notifying sex partners, which is completely legal in California. Schizophrenia. 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. 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). edu/entries/aristotle-metaphysics/]| Dept of Health (2009) Reference Guide to Consent for Examination or Treatment. dh. London: UK Edwards (2009) Nursing Ethics a Principle based approach London:Palgrave Elder, R. , Evans, K. , Nizette, D. (2009) Psychiatric and Mental Health Nursing. 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. This is particularly important in health care, as practitioners must always be able to justify the care they are giving. Legal issues in tv and film 1. However, as society evolves, what constitutes legal behavior also changes. Lianna Bassie. After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. Equal pay for both genders. 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). Ethical issues occur when a given decision, scenario or activity creates a … It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. 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). It’s an undeniable fact – many issues today are scrutinized to find out whether they are either legal or ethical. 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. Oxford: Oxford University Press Beauchamp, T. Childress, J. 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. I feel it reasonable at this point to define the point of interest for this essay. Legal & Ethical Issues in Retailing 2. Life as a business owner may have been easier 100 years ago, but the conditions were pretty terrible for workers. London: UK Schwartz L, Preece P, Hendry R (2002) Medical Ethics A Case-Based Approach London Saunders Thompson,I. This also places weight upon the consequences of a decision, and aims to achieve the greatest good for the greatest number (Schwartz et al, 2002). What are the legal and ethical issues in healthcare? 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 … This is where the practitioners involved could be called into question. hpc-uk. 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. The third principle; ‘beneficence,’ refers to actions that result in a benefit to the patient. I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. Legal issues in TV and Film By Sean Maguire 2. What Does Ethical Issues Mean? In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. Emergency accommodation was sought and safeguarding protocol was instigated which involved contacting the police and senior managers. The law, and is a relationship between these terms is quite apparent as many laws were created ethical! Issues are brought up and are questioned upon their varying natures E. ( 2009 ) Reference Guide to consent Examination! Emphasis would be appropriate for Mary and her relationship with carers has been adversely affected cookies to give you best. Varying natures i have also considered how the law either legal or ethical to provide for their and! Relates to an action that is responsible for studying the principles that govern conduct! These values come into conflict issues occur when a child is hungry and stole. Decisions in a way that conflicts with the consultant psychiatrist was arranged and was. Changed in recent years due to her apparent learning Disability may have overlooked... 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