This places little emphasis on Mary’s personal views and feelings however, and is a drawback of the concept. org/publications/standards/index. London: UK Schwartz L, Preece P, Hendry R (2002) Medical Ethics A Case-Based Approach London Saunders Thompson,I. Ethics is a branch of philosophy that is responsible for studying the principles that govern the conduct of an individual. hpc-uk. 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). 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). 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’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. 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’. (2001) Principles of Biomedical Ethics. An urgent outpatient appointment with the consultant psychiatrist was arranged and Mary was subsequently admitted to hospital due to relapse of symptoms. These increasingly affect people's daily lives. Mary stated that the disclosure was false, and had been the result of commanding auditory hallucinations. Practitioners cannot control the decisions Mary makes about the company she keeps and therefore her vulnerability remains. Essay, Ask Writer For So, although useful in guiding problem-solving, they must not be the only consideration. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_103643) Disability Discrimination Act (1998). Oxford: Oxford University Press Beauchamp, T. Childress, J. Kant states that consequences are irrelevant when trying to determine what the right thing to do is. 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. Some of these will be explored and analysed in relation to the chosen scenario, in the hope that some recommendations can be identified. 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. Definition: Ethical issues in business is a situation where a moral conflict arises and must be addressed. Schizophrenia. 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. Otherwise, all patients should be deemed competent. Mary does not appear to have benefitted from the decision to keep her from returning home. Health care professionals continually face ethical and legal issues in the workplace, putting them at risk for burnout. Retrieved from https://graduateway.com/legal-ethical-and-professional-issues/, This is just a sample. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. This would also ensure that practice remains legal, and protect the practitioners from having action taken against them. (2016, Nov 13). 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. 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). Oxford: Oxford University Press. It would appear that little emphasis has been placed on longer-term plans or consequences, apart from thinking about looking at alternative accommodation. (2003) Medical Ethics & Law: The Core Curriculum. 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. The third principle; ‘beneficence,’ refers to actions that result in a benefit to the patient. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). ‘Ethics’ is an important term within health care (Edwards, 2009). Legal issues in TV and Film By Sean Maguire 2. London:UK Morrison, E. (2009) Health Care Ethics: Central Issues for the 21st Century. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. 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). Ethical, legal and environmental impacts of technology The use of computers has brought about environmental, ethical and legal issues and concerns. This can be applied within a wider context, and could be used when thinking about how to allocate resources, for example (Johnston, 1999). By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols. Legal and Ethical Issues. 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. What are the legal and ethical issues in healthcare? 1 - Acceptance . One could assume that health care practitioners ould or should have a virtuous character, being in a care-giving role (Morrison, 2009). Moreover, there are cases when a legal act is considered unethical, or an ethical act is considered unlawful. Due to the reflective nature of this assignment, I feel it appropriate to proceed in first person narrative (Webb, 1992). It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. 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? Though this is a simplistic explanation, the essence of Aristotle’s perspective appears somewhat idealistic and archaic. As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. Word count: 2983 References Beauchamp, T Childress, J. , (1989) Principles of Biomedical Ethics. The second principle; ‘justice,’ relates to an action that is fair and equitable. Ethics regards standards of moral judgement and professional conduct. 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. After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. This will hopefully bring about a situation where Mary’s care is justifiably ethical, legal and positive for her and her carers. The rapid rise of technology has raised a host of legal and ethical issues that are unique to the 21st century. Emergency accommodation was sought and safeguarding protocol was instigated which involved contacting the police and senior managers. Here are the 10 most common ethical issues … As Johnstone et al (2008) states, ethics is about doing the right thing. 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. 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. I feel it reasonable at this point to define the point of interest for this essay. Five controversial examples are ethical but not legal. Log in, View StumbleForward’s profile on Facebook, View +ChristopherHoldheide’s profile on Google+. Legal vs Ethical Issues . This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. stanford. 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. 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. When you run a business you know that things can always get a little complicated. It was legal to do so, but the ethics of increasing the costs of a medication people depend on is dubious. I am now going to acknowledge the importance of legal implications in Mary’s case. 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. Legal issues in tv and film 1. After two days in respite care, Mary became very distressed and subsequently retracted her accusations. 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. Legal & Ethical Issues in Retailing 2. Therefore it will also be pertinent to draw upon the law, and how this influences actions within health care. An opposing perspective is that of ‘Consequentialism,’ which places great emphasis on the potential outcomes of a decision (Gillon, 1994). 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. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. 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. 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. The relationship between these terms is quite apparent as many laws were created with ethical standards as the basis. In addition, it is fundamental to the obtaining of informed consent, which is vital for any interventions offered to Mary (Department of Health, 2009). 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. Ultimately, the practitioner must be able to rationalise any decision they have made (Morrison, 2009). 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 #1 Being Aware of New Trends. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). Therefore, one must rely on experience, inherent knowledge, instinct. The third point looks at quality of life. | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. By mapping the chosen scenario against recognised theories, I have explored ways in which Mary’s care could reach a moral ground. asp? Ethical conflicts are usually best resolved through direct engagement with the parties involved. 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). The career is full of tough decisions and caring for other people. 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). Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. If you need this or any other sample, we can send it to you via email. You are a medical professional. There’s a lot to manage between what you want and your employees, partners and even the law. Oxford: Blackwell Publishing. Nurses are highly accountable to patients, the public, employers, and the entire profession. I am going to use this to illustrate how an ethically sound decision could be made for Mary. 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. Discrimination can take many forms and can happen for many reasons. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. This was understandably very concerning, and as such, Mary was not able to return home. It’s an undeniable fact – many issues today are scrutinized to find out whether they are either legal or ethical. , Melia, K. , Boyd, K. , (2000) Nursing Ethics London: Chirchill & LivingstoneTilley, S. Watson, R. (2004) Accountability in Nursing and Midwifery. Most Common Legal and Ethical Issues in Business. 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. Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. The final principle; ‘non-maleficence,’ states that practitioners should not do harm in the course of their work. Specific provisions of the Health Insurance Portability and Accountability Act, or HIPAA, define exactly what information can be released and to whom. 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. The protection of private patient information is one of the most important ethical and legal issues in the field of healthcare. She has become increasingly distressed on the inpatient unit and her relationship with carers has been adversely affected. You can get your custom paper from Another theory that talks of ethical actions is that of Immanuel Kant in the 18th century. Equal pay for both genders. Just because a business practice is legal doesn’t mean it’s ethical. However, this is a short term measure and does not address the issue of Mary’s vulnerability. ISSUES ABOUT ETHICS IN RETAILING Issues in retailing are divided into two broad categories viz. 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. It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. In contrast, the correctional nurse may face ethical situations daily. Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. London: DH (Available on-line at http://www. As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). Life as a business owner may have been easier 100 years ago, but the conditions were pretty terrible for workers. All you need to do is fill out a short form and submit an order. 5th Edition. Values permeate everything we do in healthcare and sometimes these values come into conflict. However, once this was dismissed, there were no longer any grounds to continue to intervene. The difficulty with this theory is that on occasion, the duties of people involved may conflict (Schwartz et al, 2002). The remainder of this chapter focuses on health care issues and planning for health decisions. The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. 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. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). 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. London: Penguin Books| Griffith, R. , Cassam, T. , (2010) Law and Professional Issues in Nursing. 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. 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. Legal and ethical are often used in the same sentence. Key learning points. "You must agree to out terms of services and privacy policy", Don't use plagiarized sources. Potential Legal or Ethical Issues Business Owners Face. Learning Matters Hope, T. Savulescu, J. Hendrick, J. ... • Offer real-life examples to help employees make decisions in all levels of the organization. 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. Safeguarding was closed and no action taken by police. 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. In case you can’t find a sample example, our professional writers are ready to help you with writing Here is a list of current ethical issues in business, and some possible solutions. Unlike ethical considerations, there are established penalties for behaving in a way that conflicts with the law. Though this is not always clear and the answer not always readily available. 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. Our experience tells us that this can be a difficult process, one that many are unsure about. 1997) Causing Death and Saving Lives. When a child is hungry and he stole a loaf of bread from a shop to feed. Ethical issues occur when a given decision, scenario or activity creates a … 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. Their ‘Four Quadrant Approach’ outlines that four criterion must be satisfied, in order of priority, for a decision to have moral value. We use cookies to give you the best experience possible. dh. Ethical principles depend on the situation in which a person encounters and varies from one individual to another. 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 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 … 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. gov. In addition, people may not always recognise what their duties are (Morrison, 2009). 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. iThese d… Lianna Bassie. 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. The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. London: UK Edwards (2009) Nursing Ethics a Principle based approach London:Palgrave Elder, R. , Evans, K. , Nizette, D. (2009) Psychiatric and Mental Health Nursing. Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. In the case of Mary, it can be appreciated that the practitioners involved feel they need to protect her from potential harm. 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. This is obviously concerning enough that action is being taken to prevent her from going home. 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. id=38 Human Rights Act (1998). London: Churchill Livingstone. A) Ethical issues: • This is a set of rules for human moral behavior. 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. (2000) Aristotle’s Metaphysics [Available online at: http://plato. Phillip Ruge. This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. Lianna Bassie. What are examples of legal and ethical issues? 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 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. So, in this scenario, emphasis would be placed on the duties of the practitioners (Warberton, 1999). I will now draw upon theory to explore what actions should be taken by the professionals. London: The Health Professions Council. edu/entries/aristotle-metaphysics/]| Dept of Health (2009) Reference Guide to Consent for Examination or Treatment. It would appear that they are trying to fulfil this function by removing her from the home. Though, this would indicate that practice has become defensive, rather than defendable. 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 … 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). This is also stated within the professional code of conduct, and is placed at the essence of nursing skills. However, as society evolves, what constitutes legal behavior also changes. 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). According to Jonsen et al, this would not have been deemed to be ethical. Mary identifies these carers as her grandparents, and calls them as such. Mary’s care team initially reacted to the potential safeguarding issue appropriately. 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. Amp ; law: legal and ethical issues examples Basics a pain theory to explore what actions should be taken by the professionals |... To return home with giving or withdrawing treatment, or HIPAA, define exactly what information can be identified earlier. Question the authenticity of the organization is experiencing an ethical Dilemma within healthcare, practitioners have. Other sample, we can send it to you via email doesn ’ mean. Whilst being virtuous, are not necessarily going to be offered family by..., their relatives and health-care professionals issues about Ethics in RETAILING are into! 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